A consideration of the basic theory of a contract made by three or more parties

2017 Fiscal Year Final Research Report

• Project/Area Number: 26380111
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: University of Tsukuba (2015-2017); Nagoya University (2014)
• Principal Investigator: Okamoto Hiroki 筑波大学, ビジネスサイエンス系, 教授 (90372523)
• Project Period (FY): 2014-04-01 – 2018-03-31
• Keywords: 契約 / 多数当事者 / 契約の締結 / 組合 / 債務の牽連性 / 複合契約取引 / 履行障害 / 相殺契約

Outline of Final Research Achievements

The existing contract law is built on a basic model of a contract made by two parties, while three or more persons enter into a deal in practice. Therefore there is almost no basic theory of a contract made by three or more parties. It is consequently not only uncertain how such a contract is treated. But also this is rarely recognized in practice, because there is even no recognition criterion for this. In this research, firstly, it is theoretically clarified how a contract of three or more parties is completed, while relativizing the offer-acceptance-model. Secondly the connection among obligations from such a contract is considered.

Free Research Field

法学