Reconstructition of the Notion of ‘Prestation'

点击翻译按钮获取中文摘要

Every contract consists of various elements according to wills of the contracting parties. Even though there is diversity to each contract, Japanese Civil Code stipulates only certain typical types of contracts. Therefore it is necessary to extract some kinds of merkmal so that these provisions on typical contracts can be applied to each contract. For example, we have to know what makes the difference between commission and partnership in order to apply the relevant provisions of a typical contract provided by the Civil Code. The key notion to a systematic identification of contracts is 'prestation'. Prestation is the object of each obligation that forms a contract.In the present research, I have classified the notion of 'prestation' in two groups, corporeal and incorporeal. The corporeal prestation is palpable, e.g.obligation to deliver corporeal things, or paint a picture ; the incorporeal prestation is not palpable, e.g.obligation to transfer the right of things, or obligation of guarantee. This classification, I believe, can be the starting point of analyzing the contract, which becomes more and more complicated with the combination of prestations.This research is based upon the analyses of French law. My work has contributed to the civil law theory of France, since Jean Carbonnier and other French scholars such as Vincente, Ancel, Simler and Pignarre have cited it. I am satisfied that my work is able to overcome the difference of law system and contribute to create a common forum of ideas. Although my work has not yet gained great deal of academic recognition in Japan, this kind of work is crucial for the internationalization of Japanese law.