Professor Nobuyuki Yamamoto

Area and Subject Taught Civil Law
Research Theme(s) Civil Law, Comparative Law
Academic Degrees Master of Laws, Doshisha University
Keywords for Research Field: Civil Code, Contracts, Torts, Damages, Guarantee
Office Phone Number 81-75-705-1837

Research Overview

I am interested in problems arising when three or more parties are involved indebtor-creditor relationships and systems, as exemplified by indemnification andsubrogation, which enable the obligations of someone to be shifted to another person. Inother words, I am concerned about who will bear the final debts and what standardsare referred to in determining the final debtor.
At present, as part of my research on these topics, I am analyzing from different anglesthe legal relationships between creditors, debtors, and guarantors (or debtors ofdamages security) Guarantee and Indemnity. In considering the legal relationship among these three parties, it is not appropriate to simply unify their legal relationships after analyzing each two-party relationship separately; the interests of allthree need to be considered when analyzing two-party relationships. This research isoth difficult andfascinating.
Concerning the area of compensation law, including contractual and tortious liabilities, Im researching detailed problems that have not been properly addressed.

Notable Publications and Works

  1. The Theoretical Position of the Possibility of the Recognition of Illegality in Torts Law (Sandai Law Review vol.50 No.3=4, 2017)(japanese)
  2. Third Party Performance in Japanese Civil Code Amendment Bill (Doshisha Law Journal vol.68 No.7, 2017)(japanese)
  3. An Analysis of the Azumino-case under the Aspect of the Law of Guarantees (Sandai Law Review vol.49 No.1=2, 2015)(japanese)
  4. Formal Requirements for Guarantee in Art. 446 Para.2 of Japanese Civil Code (1)(2)(Sandai Law Review vol. 47 No.3=4, vol. 48 No.1=2, 2014-15)(japanese)
  5. Review of the Judgement of the Supreme Court of Japan on Mar. 7. 2013: Interest Rate Swap and Accountability of Bank (Jurist No.1466, 2014)(japanese)
  6. Review of the Judgement of the Supreme Court of Japan on Dec. 14. 2012: Revolving Guarantee and Assingment (Harei-hyouron No.660, 2014)(japanese)
  7. Commentary on Civil Law(2012, Nihonhyohron-sha) (a joint work, japanese)