Associate Professor Takayuki Furutani

Area and Subject Taught Civil Law and EU Law
Research Theme(s) Modernisation of Contractual Liability - Comparison with EU Law -
Academic Degrees Master of Law (Doshisha University)
Keywords for Research Field Civil Law, Contract Law, EU Law
Office Phone Number Not Public
e-mail Not Public

Research Overview

My research is about contract liability. The theme I am working on with great interest is the defect liability of sales contracts (seller's liability for benefits of contract non-conformity). This main theme in the sales law, which is to be fundamentally revised in the recent revision work on the law of obligations, is of great importance not only for the logic of legal interpretation, but also in terms of the logic of lawmaking.
In order to deeply understand discussions about Japanese law, it is indispensable to research the laws of foreign countries. For this I am researching contract laws mainly in European countries, as well as EU Contract Law, with great interest. The current development of EU Private Law offers various suggestions for thinking about the seller's liability for benefits of contract non-conformity. There are many suggestions in particular to learn with the Principles of European contract law, the Common Frame of Reference, and a grand project with the aim of harmonizing the contract law/sales law in the EU, such as with the Common European Sales Law. I would like to approach contract liability in Japan through the review of Japanese and European law alternately.

Notable Publications and Works

古谷貴之「ヨーロッパ共通売買法規則提案における追完制度について—紹介と批判的検討—」産大法学48巻3・4号161-186頁(2015年)
古谷貴之「ドイツ売買法における追完制度について—法と経済学の視点から—」産大法学47巻3・4号211-232頁(2014年)
古谷貴之「ドイツ売買法における売主の瑕疵担保責任に関する一考察—債務法改正から10年を経て—」産大法学47巻2号1-150頁(2014年)