2011 Fiscal Year Final Research Report
comparison between joint acts, articles of incorporation and contracts, unilaterally dictated contractual terms in case of dissolution
| Project/Area Number |
22730079
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Kyoto University |
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Principal Investigator |
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| Project Period (FY) |
2010 – 2011
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| Keywords | 合同行為 |
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| Research Abstract |
As a result of comparative study with German Law about association law in case of dissolution, this research clarified that there can be two opposite approaches regarding the relationship between association law and contract law, and that either has its own difficulties. The one approach came from the theory of factual contract so that the necessity that contracts should be based on may be abandoned as a whole. Moreover this risk could expand over the field of association law. Another approach has difficulties in drawing a line between associations and contracts.
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