A Study on the Harmonization of Law of Contract in general and Consumer Contract

为了达到这一目的，我们首先考察了导致合同法国际协调的《联合国国际货物销售公约》(GISG)和《欧洲合同法原则》(PECL)的规则，另一方面考察了导致消费者合同法国际协调的欧盟消费者保护指令。通过这一分析和检验，我们意识到，《销售公约》中关于不履行合同义务的规则不仅对国际贸易规则产生了很大的影响，而且对欧洲国家的国内规则也产生了很大的影响，欧盟指令使欧洲国家在消费者合同方面形成了基本的共同规则，而且一般合同法与消费者合同法的关系也发生了变化。这种影响和变化首先可以从德国最近的舒尔德雷希特改革中可见一斑。最初，日本的合同法理论是在德国以前的理论基础上发展起来的，现在，我们必须正确认识合同法领域的这一新发展，重新审视合同法体系。

This study aimed to analyze and examine the recent movement toward the harmonization of the Law of Contract in various level.To achieve this aim, we examined, first of all, the rules of the UN Convention on the International Sale of Goods (GISG) and the Principles of European Contract Law (PECL), which lead to the international harmonization of contract law in general, and, on the other hand, EU Directives for Consumer Protection, which lead to the international harmonization of law of consumer contract.Though this analysis and examination, we realized that the rules especially concerning of nonperformance of contractual obligation in CISG have been getting a big influence not only on the rules of international trade but also on domestic rules of European countries, that the European countries has now basically common rules on consumer contract as the result of the EU directives, and that there is also a change in the relationship between contract law in general and consumer contract law.Such influences and changes can be clearly seen, above all, in the recent reform of 'Schuldrecht' in Germany.Originally, Japanese theory on contract law has developed on the basis of the former theory of Germany, and now we has to correctly aware of this new development in the field of contract law, and reexamine on system of contract law.