著者

齋藤 航

出版者

中央ロー・ジャーナル編集委員会

雑誌

中央ロー・ジャーナル (ISSN:13496239)

巻号頁・発行日

vol.15, no.4, pp.43-67, 2019-03

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The justification of "comparative negligence" has primarily been discussed in tort cases. The most popular explanation is "fairness" to both parties. Courts have adopted this approach and have considered the circumstances of victims that affected the damage caused by other parties. Counterarguments have been made, however, that "fairness" is too ambiguous to serve as a justification . In considering comparative negligence in contract cases, the behavior of parties can be thought to be regulated by their agreement . In other words, fault should be found in accordance with their contract. This opinion affected the 2017 amendment of the Civil Code.