著者

西台 満 NISHIDAI Michiru

出版者

秋田大学教育文化学部

雑誌

秋田大学教育文化学部研究紀要 人文科学・社会科学 (ISSN:1348527X)

巻号頁・発行日

vol.67, pp.1-5, 2012-03-01

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A person who gains a profit without a legal cause commits “the unjust enrichment” in Civil Law. He is required to recover the original condition by compensating the other party for his loss.The profit to be restored, however, is limited to “as much as existing” when he is asked for compensation, provided that he made the profit in good faith. Good faith means that he received the goods or money believing that he was entitled to do so.Money spent for amusements is commonly considered “not existing” so that he doesn't have to return it to the opponent. On the other hand, money spent for living expenses is counted “existing”, because it lets him escape paying the same sum of money from his savings.I take objection to such common view in this paper. Profiteer should pay the whole amount of ill-gotten gains including the amusement expense. But he doesn't have to return even the living expenses, when he has no means. I interpret that this is just the effect of good faith.

著者

西台 満 NISHIDAI Michiru

出版者

秋田大学教育文化学部

雑誌

秋田大学教育文化学部研究紀要 人文科学・社会科学 (ISSN:1348527X)

巻号頁・発行日

vol.68, pp.61-67, 2013-03-31

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I discussed the standard of proof in the criminal suit under the title of ‘‘The Principle of the Free Discretion of Judges as to the Probative Value of Evidence and ‘the Degree of Proof’ ”published in Memoirs of Faculty of Education and Human Studies, Akita University No.65, 2010. I insisted there that ‘‘the preponderance of evidence” would be enough for the prosecution to convict the accused of a crime. In the same way as in the criminal case, a plaintiff does not have to produce evidence to such an extent as to make the judge confident that his claim is well-grounded. Because it is not going too far to say that both parties have no conclusive evidence in the civil action. ‘‘The Burden of Proof” nowadays hotly disputed in the Civil Proceedings Law Society, therefore, is a sterile flower caused by the unreasonable demand from the plaintiff.

著者

西台 満 Nishidai Michiru

出版者

秋田大学附属図書館

雑誌

秋田大学教育学部研究紀要 人文科学・社会科学 = Memoirs of the Faculty of Education, Akita University. The humanities & the social sciences (ISSN:03870103)

巻号頁・発行日

vol.28, pp.73-83, 1978-03-20

著者

西台 満 Nishidai Michiru

出版者

秋田大学教育学部

雑誌

秋田大学教育学部研究紀要 人文科学・社会科学 = Memoirs of the Faculty of Education, Akita University. The humanities & the social sciences (ISSN:03870103)

巻号頁・発行日

vol.32, pp.45-62, 1982-02-27

著者

西台 満 Michiru Nishidai

出版者

秋田大学教育文化学部

雑誌

秋田大学教育文化学部研究紀要 人文科学・社会科学 (ISSN:1348527X)

巻号頁・発行日

vol.66, pp.1-6, 2011-03-01

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According to the common view, the construction of an artistic building based on a stolen draft constitutes an infringement of the copyright of an architect. On the other hand, the manufacture of machines based on the stolen draft doesn't. Because, while a building is stipulated as a literary work at Copyright Act article 10th, a machine isn't. But l insist first that article 10th only shows the main examples of literary works and actually specifies so at the beginning of the article, and second that both a machine and its blueprint can have the originality which is essential to the works. A machine can have the technical inventiveness as well as a building can have the esthetic creativity.