Change of Contract functions in Contemporary Japan and Rethinking of Contract Low Doctrine

经过三年的研究和讨论，我们得到了以下结论：1)合同的核心--“协议”实际上在合同订立时并不是明确形成的。相反，它是通过在解决争端时阅读协议来定义和重新定义的。在这种解读中，人们注意到了三个压倒一切的问题，即拒绝权力、获取知识和维护边界。2)今天，合同由第三方评估其公平性，并根据第三方的评估对合同进行改革。这种第三方干预有其根源，并基于以下三个方面的担忧找到了其合法性。也就是说，监督交易的公平性，家长式的监督弱者，加强党际问题的解决。3)日本和美国的合同相比，它的独特之处在于，与其说它是各自当事人任意意志的特殊一致，不如说它反映了社会上广泛存在的共识。这种与共识一致的等式导致了日本接触/侵权边界的流动性。

With 3 years of research and discussions, we got the following results.1) The "agreement" which is the core of contract is in fact not formed definitively at the time of contract-formation. Rather, it is defined and redefined by the reading the agreement at the time of resolving the contarc disputes. In that reading, three overriding concerns, namely denial of power, aquirement of knowledge, and maintenance of boundary are noticed.2) Today, the contract is evaluated by the third parties for its fairness and reformed by them based on their evaluations. This third party interference has its roots in, and found its legitimacy upon the following three concerns. That is, policing the fairness of the bargain, paternalistic overseeing the weak, and strengthening the inter-party problem solving.3) Comparing the Japanese contract with that of U.S., it is unique in that the a greement is not so much the idiosyncratic concurrences of arbitrary wills of the respective parties as the reflection of the consensus held widely in the society. This equation of the agreement with the consensus leads to the fluidity of the contact/tort boundary in Japan.