2001 Fiscal Year Final Research Report Summary
A Legislative Study on modernizing the law of business transactions
| Project/Area Number |
10420008
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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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 | The University of Tokyo |
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Principal Investigator |
OCHIAI Seiichi Graduate School of Law & Politics, The University of Tokyo, Professor, 大学院・法学政治学研究科, 教授 (80009852)
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| Co-Investigator(Kenkyū-buntansha) |
YAMASHITA Tomonobu Graduate School of Law & Politics, The University of Tokyo, Professor, 大学院・法学政治学研究科, 教授 (10107485)
IWAHARA Shinsaku Graduate School of Law & Politics, The University of Tokyo, Professor, 大学院・法学政治学研究科, 教授 (20107486)
EGASHIRA Kenjiro Graduate School of Law & Politics, The University of Tokyo, Professor, 大学院・法学政治学研究科, 教授 (20009822)
FUJITA Tomotaka Graduate School of Law & Politics, The University of Tokyo, Associate Professor, 大学院・法学政治学研究科, 助教授 (80209064)
KANDA Hideki Graduate School of Law & Politics, The University of Tokyo, Professor, 大学院・法学政治学研究科, 教授 (90114454)
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| Project Period (FY) |
1998 – 2001
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| Keywords | law of business transactions / commercial transactions law / modernizing the law of business transactions / commercial law / modernizing the commercial law / commercial legislation / amendments of commercial code / modernizing the commercial legislation |
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| Research Abstract |
Comparing with the corporate law, our law of business transactions is clearly out of date. If we look at the legislative situations of other developed or even some developing countries, we can find their laws of business transactions have been quite modernized. We cannot understand the reasons why our legislators are so slow to modernize our law of business transactions.
We strongly believe our law of business transactions should be modernized in near future. Because it is very inconvenient and difficult for business people to predict precise legal outcomes of their business conducts under the present out-of-dated legal rules. Furthermore, the present rules are not friendly to consumers because of the too much strong principle of freedom of contract.
Therefore, we intensively have made research works on modernizing our law of business transactions for four years. As the result of our works, we offer several proposals in order to modernize the present legal rules.
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