著者
Itaru YAMANAKA
出版者
Japan Legal History Association
雑誌
Legal History Review (ISSN:04412508)
巻号頁・発行日
vol.1991, no.41, pp.1-44,en2, 1992-03-30 (Released:2009-11-16)

This paper analyzes the legal effect of Geishogi-contract in the early Meiji period, before the enforcement of Old Civil Law, with some unknown decisions of lower courts in Tokyo and Osaka.It contains, First, as for Geishogi-contract, dualistic opinions, labor contract as Geishogi was void against public policy but advance contract was valid, had been dominant during the Old Supreme Court era. In 1955, Supreme Court invalidated the long supported precedent with a unitary opinion and reversed it. This paper clarified, for the first time, that dualistic opinions (e. g., the decision of Tokyo court of appeals in 1878, the decision of Tokyo district court in 1879) had existed before the appearance of the decision of Old Supreme Court and that had been the main stream in lower courts.Second, while there had been the decision of Old Supreme Court in 1896 for Geishogi's freedom of retirement, similarly, we found that it had been admitted in lower courts (Tokyo and Osaka) before it. Furth-ermore, there were interesting decisions that had prohibited a master from forcing Geishogi to work and from taking back the returned. In the case of human traffic as an employment contract, lower courts had remedies for Geishogi's freedom of retirement with dualistic opinions.Third, we found, however, a progressive decision which made an advance contract void for the proclamation 295 in 1872. Finally, we should regard the decision, the substance of an adoption for Geigi was a masked Geishogi-contract and void for the proclamation 295, as the progressive one which was treated as a problem of public policy.

言及状況

外部データベース (DOI)

Twitter (8 users, 8 posts, 2 favorites)

@Pooh_advanced @xtxeNnqF @MituzoJ @tim123456789021 @ZF_phantom @kakitubata14 @saintarrow @mgdagmpavmgd @Bo_San_2D… https://t.co/h84yPL1M2z
@kurokuronekosan @Pooh_advanced ■「布施辰治における芸娼妓契約無効論と公娼自廃の戦術」>村上一博 p36~37、41~42 https://t.co/3X1b3iMaxk ■「藝娼妓契約と判例理論… https://t.co/LaxRsixS2W
これが既に誤り。戦前にも娼妓稼業契約は公序良俗違反という、確定判決はあった。1955年最高裁判決は前借金も無効としたことが画期的だったが、下級審ではそれ以前から前借金無効の判決もあった。https://t.co/fO0IJE2e3c https://t.co/zFd4DYsy7G
一つしかなかった。芸娼妓契約と判例理論の展開 https://t.co/ycAPdJoU

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