Adaptation of an unexpected contract and the duty to disclose information

Research Project

Project/Area Number	20830009
Research Category	Grant-in-Aid for Young Scientists (Start-up)
Allocation Type	Single-year Grants
Research Field	Civil law
Research Institution	Yamagata University
Principal Investigator	OGASAWARA Nana Yamagata University, 人文学部, 講師 (40507612)
Project Period (FY)	2008 – 2009
Project Status	Completed (Fiscal Year 2009)
Budget Amount *help	¥3,341,000 (Direct Cost: ¥2,570,000、Indirect Cost: ¥771,000) Fiscal Year 2009: ¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000) Fiscal Year 2008: ¥1,781,000 (Direct Cost: ¥1,370,000、Indirect Cost: ¥411,000)
Keywords	情報提供義務 / 説明義務 / 契約締結過程 / 契約の適正化 / 契約維持 / 瑕疵担保責任
Research Abstract	When a party gives incorrect information to the other during the course of negotiations, the contract that is not expected by the other party may be concluded. In this case, the parties are bound by this contract. The solution has been examined in terms of the termination of the contract. However, the solution is not fully examined by the approach in which the parties maintain the contract and make it adapted to the contract that is wanted by the other party. I examined the latter type of solution mainly concerning the duty to disclose information. In particular, I emphasized the orientation of the duty and the effect of non-performance of the duty.