2017 Fiscal Year Final Research Report
The interpretation of standardised contracts besed on reasonable expectation
| Project/Area Number |
15K03187
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Hokkaido University |
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Principal Investigator |
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| Project Period (FY) |
2015-04-01 – 2018-03-31
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| Keywords | 保険約款 / 契約解釈 |
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| Outline of Final Research Achievements |
In the United States, there are two main theories of contract interpretation. One is formalism, which focuses the text of contract documents. Another is functionalism, which considers the context surrounding contracts. As to the contract between legally sophisticated business (such as insurer) and legally unsophisticated consumer (such as insured), functionalism can impose the insurer unassumed risk. But considering insurer’s strategic behavior, it makes sense to protect consumer from unconscious terms. The doctrine of reasonable expectation can be understood in such a way. The problem is that the standard of interpretation based on the doctrine of reasonable expectation is unclear. Because the courts do not have competence to establish the standard, it is argued that the standard can be developed by the rulemaking process of administrative agencies through interaction with the courts.
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| Free Research Field |
商法
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