| Project/Area Number |
25780061
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2017-03-31
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| Project Status |
Completed (Fiscal Year 2016)
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| Budget Amount *help |
¥3,640,000 (Direct Cost: ¥2,800,000、Indirect Cost: ¥840,000)
Fiscal Year 2016: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2015: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2014: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2013: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
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| Keywords | 民法 / 契約法 / 債権法 / 整合性の原理 / 本質的債務論 |
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| Outline of Final Research Achievements |
The principle of coherence in contract law is characterized by the two sub-principles: the one is a behavioral requisition that contracting parties should act consistently, and the other is a normative requisition that each part of the contents of a contract should be coherent normatively. Especially with regard to the normative requisition of coherence, this study clarifies how essential elements of types of contracts, which are defined by the initial provisions of each type of contracts in the Civil Code, and non-essential elements are related in the light of the principle of coherence. Also in relation to the redefinition of real contracts (loans for consumption, loans for use, and deposits) as consensual contracts in consequence of the reform of the Law of Obligations, this study articulates that the substitutive rules, such as the right of cancellation prior to delivery of goods, should be introduced and characterized in accordance with the principle of normative coherence.
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