Professor Kazuyuki Yoshinaga

Area and Subject Taught Civil Law
Research Theme(s) Comparison between Principles of Contract Law and Trust Law with a Focus on the Effects of Bankruptcy Remoteness
Academic Degrees Master of Laws, Kyoto University
Keywords for Research Field Mandate, Trusts, Account of Profits, Bankruptcy Remoteness, Property Management, German Law
Office Phone Number Not Public
e-mail Not Public

Research Overview

There is no need to mention the importance of entrusting one's property to another person in modern society. Protecting the interests of entrusting persons through safe legal systems is quite beneficial for the whole social economy.
Among different themes discussed in this field (property management law), I am particularly interested in and researching account of profits and bankruptcy remoteness. The former raises the question: Where a party has entrusted its property to the other party, and the latter obtains unjust profits by misappropriating the property, will the entrusting party be entitled to claims beyond actual damages?
The latter raises the question: Where a party who was entrusted a property by the other party has gone bankrupt, will the property constitute the bankruptcy estate? In what case will the property not so constitute?
The long-term (10-20-year) objective of my research is to define contract law theory and private law systems in a larger sense through my research of the above-mentioned individual topics.

Notable Publications and Works

  1. 「役務提供型契約法改正の挫折--法制審議会民法(債権関係)部会の議論の分析」産大法学48巻3=4号合併号1-25頁(2015年)
  2. 「受託者の損失填補責任と受益者の『過失』に基づく過失相殺」信託法研究38号73-88頁(2013年)
  3. 「[民法から]会社法・商法の代理権」潮見佳男・片木晴彦編『民・商法の溝をよむ』(別冊法学セミナー223号)48-55頁(2013年・日本評論社)