Theoretical Analysis of Consumer Contract Law
Project/Area Number |
24530085
|
Research Category |
Grant-in-Aid for Scientific Research (C)
|
Allocation Type | Multi-year Fund |
Section | 一般 |
Research Field |
Civil law
|
Research Institution | Hitotsubashi University |
Principal Investigator |
SUMIDA Mihoko 一橋大学, 大学院法学研究科, 教授 (10316903)
|
Project Period (FY) |
2012-04-01 – 2015-03-31
|
Project Status |
Completed (Fiscal Year 2014)
|
Budget Amount *help |
¥4,420,000 (Direct Cost: ¥3,400,000、Indirect Cost: ¥1,020,000)
Fiscal Year 2014: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2013: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
Fiscal Year 2012: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
|
Keywords | 民事法学 / 不動産賃貸借 / 適合性原則 / 消費者契約法 / 賃借人保護 / 消費者法 / 不当条項規制 |
Outline of Final Research Achievements |
Two main subjects in the fields of the consumer contract law are discussed. First, how is consumer as a tenancy protected, when he/she is forced to pay the renewal fee according to the contract term, which is written in the tenant contract. The Supreme Court said the contract term is not void. But the Supreme Court Ruling is hard to justified, when one looked at the theoretical developments in German and European Unfair Terms Control und consumer protections. Second issue is the interrelations of the civil law protection of private investors and that of consumers. In Japan, the possibilities are explored, not only the duty to inform, but also the duty of suitability are to be introduced in the Consumer Contract Act of 2001, which is a special private Act for all consumer contract. The theoretical foundations of the legal protection in both fields are discussed and discovered traits common.
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Report
(4 results)
Research Products
(23 results)