This study includes 1) Introduction 2) The analysis of a contract about privacy from the viewpoint of substantive law, 3) The analysis of a contract about privacy from the viewpoint of procedural law, 4) The future discussion point of a contract about privacy. In Vol. (6), analysis of 'privacy contract' is continually discussed from the viewpoint of procedural law, especially administrative procedural law.

抄録全体を表示

　設計者には，技術基準を遵守すれば損害賠償責任も足りるという安心感がある．しかしながら，設計者の裁量で目標性能水準を付加的に引上げることは可能であり，損害賠償責任の視点から，目標性能水準を模索する試みもみられる．このような中，設計者にとって，損害賠償裁判の判断構造の把握は，不可欠な見識である．本論は，構造物の地震動被害の裁判に着目し，損害賠償に適用される複数の法律について，学説と判例を検討し，設計者が把握すべき，裁判の判断構造について，技術基準との関係も含め，考察した．そして，信頼性設計法が許容する通常予測地震動以下での被害について所有者に無過失責任が残ることを示し，瑕疵と被害の因果関係の有無並びに瑕疵と作用地震動との競合について，フラジリティカーブを介して，立証する可能性について推論した．

抄録全体を表示

Most Japan’s measures against COVID lack legal effectiveness. There are two kinds of measures to tackle with the spread of the virus. One is the control of negative externalities by the reduction of infection such as the promotion of vaccination and restriction of the contact between the infected and the rest of the population. The other is to cope with the asymmetry of information to reduce the risk of unknowing infection through the absence of manifestation of information about the risk. Japan’s measures are not effective because the vaccination is slow, for one thing, the legal system about the restriction of face-to-face contact is either deficient or inviable as it depends on unenforceable requests, for another. The disclosure of information about COVID is also quite inadequate. The point of effective measures against COVID is to scientifically and medically understand the reality without any bias and, upon the understanding of the reality, to viably implement vaccination, enforce mask-wearing, and restrict social contact and others by coercion if necessary.

抄録全体を表示

The objective of this study is to examine the modern-day meaning and legitimacy of exemption clause in pilotage covenant in Japan by viewpoints of profession's liability and regulation for unfair clause of covenant. Civil law in general takes the principle of liability arising from negligence. According to this principle, negligence shall be decided by investigation to whether breach of duty of due care could be done and damage occurs. Meanwhile, "Exemption Clause" in the said covenant excuses pilot for his civil liability as compensation for damage caused by his default for pilotage contract and negligence to third party, so that pilot is only blamed by own intention or gross negligence. Recent years, however, profession's liability has come into the limelight. Pilot is also the one of professions and he must become responsible for heavy duty of care with contribution of judgments by marine accident inquires. In addition, pilotage exemption clause may be affected by regulation for unfair clause of covenant viewed from law of obligations in civil law these days. Finally, author is sure that exemption clause in pilotage covenant should be revised in the future to liability arising from negligence.

抄録全体を表示