Researcher Database

（Last updated : 2024-03-19 16:05:21）

NAKAYA TAKASHI

Department / Course College of Law Department of Law

Title / Position Professor

Other Affiliations
1.	Graduate School of Law
2.	Kinugasa Research Organization Research Center for Legal and Political Infrastructure

Academic background
1.	～2004/03	Doctoral Program (1st Semester) │ Business Relations Law │ Graduate School of International Social Sciences │ Yokohama National University │ Completed Master of International and Business Law
2.	～2009/09	Doctoral Program (2nd Semester) │ Department of International and Business Law │ Graduate School of International Social Sciences │ Yokohama National University │ Completed Doctor of Laws
3.	～2002/03	Department of Law │ Faculty of Law │ Hosei University │ Graduated Bachelor of Laws

Business career
1.	2013/04/01 ～ 2020/03/31	│ │ Ritsumeikan University
2.	2012/04/01 ～ 2013/03/31	│ │ Surugadai University
3.	2010/04/01 ～ 2012/03/31	│ │ Surugadai University

Research activities
1.		Japan Association of Private Law
2.		Japan Association for Consumer Law
3.		Japan Bar Association
4.		Japan Society of Comparative Law

Qualification and license
1.	1999	Driver’s License

Subject of research
1.	Consideration of Relations Between Essential Error and Error in Property
2.	Historic Consideration on Theory of Error
3.	Study on Subjective Act Basis Theory

Research summary
Variance differentiation of error in private law and its reconstruction as an adjustment norm based on misunderstanding Currently, Article 95 of the Constitution has been given a role far in excess of its legislative purpose or objective meaning of the norm, and has become a generalized article. Many judicial precedents and theories, though there are variances in opinion mutually, are with the same intent. However, in view of the intent of the draft and theory, the abovementioned opinion contains many issues. This being the case, study is made by conducting analysis on the problems processed as “errors” in order to clarify that a unique theory is contained therein, and to differentiate the “error”. This will be followed by encompassing those differentiated widely as misunderstanding, to re-construct this as a norm to adjust the relations of rights among the concerned parties.

Present specialized field
Civil law (Keyword：Civil Law, Mistake, Basis of Transaction)