@article{oai:chuo-u.repo.nii.ac.jp:00011893, author = {齋藤, 航}, issue = {3}, journal = {中央ロー・ジャーナル}, month = {Dec}, note = {application/pdf, This article calls for recognition of “comparative negligence” under the Civil Code of Japan. “Comparative negligence” is the doctrine that allows apportionment of damages between those primarily responsible for causing harm and the victims. The doctrine can be invoked by defendants in both contract and tort cases. This article focuses on contract cases in order to clarify the relationship between the contract and the negligence of the injured party. In this context, justification of the doctrine is of foremost importance. “Justification” means the reason for imputing some part of the damages to the injured party. In addition to consideration of the Civil Code of Japan, this article views the doctrine of comparative negligence in the United States for investigation into suitable justification.}, pages = {85--107}, title = {契約違反における過失相殺の法的性質 (1)}, volume = {15}, year = {2018}, yomi = {サイトウ, コウ} }