2007 Fiscal Year Final Research Report Summary
Case analyzed research conceming the analogical interpretations in the Civil Code
| Project/Area Number |
17530064
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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 | Nagoya University |
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Principal Investigator |
NAKAYA Hiroki Nagoya University, Graduate School of Law, Professor (10144106)
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| Project Period (FY) |
2005 – 2007
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| Keywords | analogical interpretation / interpretation of statutes / Civil Law |
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| Research Abstract |
This research aimed (i) to construct the cases data base, (ii) to classify the analogy pattern based on the data base, (iii) to extract the concrete requirement and set the limit in each pattern for the analogical interpretation of the civil law regulations. About (i), I extracted the analogical interpretation in cams of each article concerning apparent theory of rights and arranged the data of each case composed of facts, reasoning and the comment. As a result, the substance of the analogical interpretation in the cases of apparent theory of rights became clear About (ii), I analyzed when the articles are analogically interpreted in each cases gathered in the data base, and classified the scenes and the patterns of the analogical interpretation in each article. As a result, the substance how the analogy was performed in each pattern was clarified. About (iii), the range of the analogical interpretation in each article was able to be found from some individual researches on recent cases and the data base. However the courts expanded the range of the analogical interpretation by repeating the analogical interpretation, so, the difficulties of setting the general requirements and the limit of the analogical interpretation became clear. Therefore, the theoretical research should be necessary. Particularly about the analogical interpretation concerting apparent theory of rights, the moaning of blameworthy concept in the law of contract needs to be clarified in the following research.
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Research Products
(16 results)
