Comparative and theoretical study on constitutionalizaion of private law and reconstruction of private-law-institutions
| Project/Area Number |
17530065
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Kyoto University |
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Principal Investigator |
YAMAMOTO Keizo Kyoto University, faculty of law, professor (80191401)
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| Project Period (FY) |
2005 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥2,840,000 (Direct Cost: ¥2,600,000、Indirect Cost: ¥240,000)
Fiscal Year 2007: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2006: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2005: ¥1,000,000 (Direct Cost: ¥1,000,000)
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| Keywords | private law / constitution / application of fundamental clauses between private persons / public policy / torts / 私人間適用 / 民法 / 不法行為法 |
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| Research Abstract |
The purpose of this study is, referring to the discussion on ‘constitutionalization of private law' in German law, to examine several phases correspondent to constitutionalization of private law in Japanese law, and to inquire into the ability to reconstruct institutions of private law from the point of constitutional view. To be concrete, the following three studies were conducted.
First, the discussion on ‘constitutionalization of private law' which had developed especially for these ten years, were investigated. Additionally its importance and basic ideas were clarified.
Second, several phases correspondent to ‘constitutionalization of private law' in Japanese law were investigated. Furthermore it was examined what meaning and feature they had, in the point of the relation between constitution and private law. Concretely, some questions were taken up: in the field of contract law, questions about public policy and about regulations regarding consumer contract and financial dealing, in the field of torts law, questions about personal right, especially privacy, defamation, and nuisance.
Third, it was examined how institutions of private law are to reconstruct in the point of constitutional view, referring the situation in Germany and Japan. Concretely, several institutions about contract regulations and those about torts were taken up. And the significances of the institutions were clarified.
The results of above examinations were made public through several publications.
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Report
(4 results)
Research Products
(28 results)
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[Journal Article] 人格権2007
Author(s)
山本敬三
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Journal Title
内田貴=大村敦志編『民法の争点』(有斐閣)
Pages: 44-47
Description
「研究成果報告書概要(和文)」より
Related Report
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[Journal Article] Personal right2007
Author(s)
Yamamoto, Keizo
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Journal Title
Uchida, Takashi/Omura, Atsushi : Minnpou no souten (Yuuhikaku)
Pages: 44-47
Description
「研究成果報告書概要(欧文)」より
Related Report
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[Journal Article] Discussion on the new time of torts law2006
Author(s)
Urakawa, Michitaro, Kubota, Atsumi, Teijima, Yutaka, Yamamoto, Keizo, Goto, Mikinori
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Journal Title
Horitsu-jiho vol.78, No.8
Pages: 4-27
Description
「研究成果報告書概要(欧文)」より
Related Report
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