「金融機関の従業員による説明義務違反と不法行為の成否」

概要

論文の詳細を見る
This treatise is a review of the Japanese Supreme Court's judgment of November7, 2003, in a case involving the disclosure obligation of financial institution employees when their banking establishment makes an offer to sell residential land with an ulterior motive of hoping to provide a loan to the buyer. This judgment admits there may be extenuating circumstances in specific cases and does not establish a definitive criterion for judgments on disclosure obligation, but it does establish a precedent considering that there is no clear standard for banking employee accountability. Nonetheless, this author cannot support the Supreme Court's conclusion : While it is possible to think of the High Court's reasoning in this case being based on the fact that the purchase contract and the financing contract being one and the same document, the Supreme Court perceived that the purchase contract and financing contract are basically separate contracts that make a distinction between the parties. When purchasing and financing coincide, it is important that the document be appropriate for the established purpose from the perspective of both parties. In this situation, the impropriety of the act of solicitation itself is not that important. In this aspect, this treatise supports the gist of the high court's judgment.
福岡工業大学の論文
2006-09-30