2004 Fiscal Year Final Research Report Summary
Fundamental Research on Modernization of Civil Law and Possibility of Reorganization of Civil Code by Integration of Civil Special Statutes
| Project/Area Number |
14520055
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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, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (80191401)
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| Project Period (FY) |
2002 – 2004
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| Keywords | Modernization of civil law / System of civil law / Special civil statutes / Consumer law / Contract law / Reform of German obligation law |
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| Research Abstract |
This project analyzes the present situation of civil law which is receiving a change by special civil statutes, while referring especially to the great reform in German, and aims at making fundamental research for possibility of reorganization of Civil Code. From this point of view, I performed this project as follows.
1.I examine the discussion on the alteration of German obligation law and the European contract law. In German, the new obligation law was enforced on January 1.2002, and one of the great pillars was the integration of the special civil statutes to the Civil Code. On the occasion of this alteration, an intense discussion was developed involving the propriety of the integration and the change of civil law principles. The argument is continuing after the alteration. In this project, I took up and researched these points.
2.I examined the analysis of the special civil statutes in Japan, and considered the possibility whether they can be integrated to the civil code. Concretely (1)I took up the special civil statutes in Japan, especially on consumer contracts, and analyzed the difference between the discipline of civil code and the statutes. (2)As a theoretical premise for unifying the civil code and special civil statutes, I tried to clarify the basic ideas which construct a bridge in both. (3)I examined concretely the possibility of integration of special civil statutes into the civil code, from the point of view that is what and how far is to stipulate in the civil code.
Considering these results, I presented the articles that are mentioned in "REFERENCES". Moreover "Civil Law IV contract" is due to be published in July 2005,as a new textbook about Japanese contract law based on the above research.
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Research Products
(12 results)
