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What is a typical work as a side job of home work?Things to watch out for before you start

 
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Restitution for Damages

Restitution for DamagesWhat is (Songaibai)?IllegalThe person who created the cause of the damage (including the case of losing the profit that was supposed to be received in the future) makes up for the damage.Make up for damages caused by legitimate actsLoss compensationDistinct from[Source required]..Or it may refer to the money or the goods themselves delivered as compensation.

Occurrence of damages and compensation for damages

Damage compensation is largeDamages due to defaultとDamages due to tortIt is divided into two. Under Japanese law, damages due to default areCivil Code Article 415Below, regarding damages based on illegal activities,Civil Code Article 709It is defined below.

Damages include property damages and mental damages.PalimonyIt is also called (complaint, comfort agent).[1].

Agriculture and fisheries received by the accidentHarmful rumorThere is a case that the government's examination committee discusses the subject of damages[2].

Damages due to default

DefaultThe term means that the obligor does not fulfill (repay) the obligation based on the contract. In case of default, the legal effect is:Compulsory performance,Agreement OfReleaseIn addition to the above problems, the problem of damage compensation arises.

Compensation for damages caused by delay in performanceDelayed compensationTo say[1].. On the other hand, compensation for damage instead of the original benefitCompensationTo say[3].

If the default of the obligation is due to the reason that the obligation cannot be attributed to the obligor in light of the cause of the contract or other obligations and the common wisdom regarding transactions, damages cannot be claimed (Civil Code, Article 415, Paragraph 1 book). The revised Civil Code of 2017 stipulated that the reason for blame was "the reason why it cannot be attributed to the debtor's blame in light of the causes of contracts and other debts and the common wisdom in transactions" (April 2020, 4) Enforcement). However, the content of the reason for personal responsibility depends on individual judgment.[4].. In addition,Financial debtWith respect to Article 419, paragraph 3, the debtor cannot defend the absence of a cause of blame[1](See below).

Scope of damages

Normal damage and special damage

The scope of damages is ordinary damage and special damage.

  • Normal damage
  • Special damage
    • Damage caused by special circumstances that the parties should have foreseen the circumstances (Civil Code, Article 416, paragraph 2)
    • Amendments to the damages caused by special circumstances in the revised Civil Code of 2017 from "when the parties predicted or were able to predict the circumstances" to "when the parties should have predicted the circumstances" (Enforced April 2020, 4)[5].
    • Although it is a "participant", he interprets the case as a debtor.[1].. Creditors bear the burden of proving the predictability of special circumstances.[6].

Regarding the scope of damagesCorresponding causal theoryHowever, there are interpretation problems such as the subject of the special damage prediction and the reference time of the prediction.[7].. The equivalent causality theory works if there is no provision other than causality to define the scope of compensation, as in the German Civil Code, but Article 416 of the Japanese Civil Code stipulates the restriction criteria itself and There is also criticism that has no special meaning[6].

In case of late compensation

Regarding the timing of determining the predictability of extraordinary damage caused by delay in performance, there are views based on the performance period (judicial precedents) and views based on the contract time.[6].. There are special provisions for financial debt (Civil Code Articles 404 and 419)[6].

In case of compensation

In the case of compensation in lieu of the original benefit, the price of the object is the basis for calculation[8].. Judicial precedents calculate normal damage based on the price of the object when it fails to perform, and treat price fluctuations after failure to perform as extraordinary damage within a certain range.[8].. There is also the view that, like the case of delayed compensation, the interpretation will be based on the standard at the time of contract.[9].

Method of damages compensation

Damage compensation is anotherManifestation of intentionUnless there is aPrinciples of financial compensation,417 article).

Negligence offset and profit and loss offset

Negligence

If the creditor has made an error regarding the default of the debt or the occurrence or spread of damages due to this, the court shall consider the fact and determine the liability for damages and the amount thereof (418 article). thisNegligenceThat.

The revised Civil Code of 2017 changed from "Debt default" to "Debt default or damage or damage caused by it" (enforced April 2020, 4)[10].

There is a similar system for damages based on tort, but in the case of negligence offsetting due to default, if a creditor has negligence, it is always settled. Negligence offset may be considered ex officio by the court without the debtor claiming[11].. However, the fact that the creditor has negligence must be proved by the debtor (Maximum Dec. 43, 12 Minshu Vol. 24, No. 22, page 13)[11].

Profit/loss offset

In the case of damages based on default, if the creditor has a profit that would have been the result of default, such as insurance money, the amount of damage will be determined in consideration of this. thisProfit/loss offsetThat.

Special rules for financial debt

There are special provisions regarding damages due to default of financial obligations.

  1. In case of default of debt for the purpose of monetary benefit, the amount of damages shall be determined by the statutory interest rate at the time when the debtor was liable for delay. However, if the contracted interest rate exceeds the statutory interest rate, the contracted interest rate (419 article1).
  2. Creditors do not have to bear the burden of proof of damages (Civil Code Article 4192).
  3. The debtor cannot escape liability for failure to perform due to force majeure.Civil Code Article 4193).

Expected damages

The parties can agree in advance on the amount of damages in the event of default (420 article1). thisCompensation for damages (scheduled compensation)Say. The plan for the amount of compensation is to set the amount of compensation in advance in consideration of the complexity of the burden of proof of damage.

Article 2017(420) of the Civil Code before Amendment 1 had a second part that stipulated that "the court cannot increase or decrease the amount in this case."[12].. However, if the planned amount of compensation is excessive,Public order and moralsThe latter part was deleted by the revised Civil Code of 2017 because there is a case that it is invalid due to violent acts contrary to (at April 2020, 4)[12].. It should be noted that even if there is a special covenant for damages in the case, the provision for negligence offset will be applied and the court will be able to take the negligence into account (the maximum judgment April 6, 4).

The planned amount of compensation does not prevent the right to demand performance or the right to terminate the contract (Civil Code Article 4202). In addition, between the partiespenaltyIf is set, the estimated amount of compensation is estimated (Civil Code Article 4203).

If the parties plan to devote non-monetary damages to the damages, the provisions for the amount of damages shall apply mutatis mutandis (Civil Code Article 421).

Subrogation by compensation for damages (substitution for subjugation)

When the obligee receives payment for damages for all of the value of the object or right that is the purpose of the claim, the obligor naturally substitutes the obligor for the object or right (422 article). thisSubrogation by compensation for damages (substitution for subjugation)That.

Right to claim compensation

When the obligor has acquired the right or profit that is the price of the object of the obligatory debt for the same reason that the obligation to fulfill the obligation is obstructed, the obligee shall, in the limit of the amount of damage suffered, It is possible to request the debtor to transfer its right or redeem its profit (Civil Code Article 422-2).

Although there was no provision for the right to claim for compensation, it was recognized in a judicial precedent, and Article 2017-422 of the Civil Code was newly established in the revised Civil Code of 2 (enforced April 2020, 4)[13].

Damages due to tort

TortIn principle, if the above is true, you will be liable for damages caused by intentionally or negligently infringing the rights of others or the interests protected by law (Civil Code Article 709Less than).

Scope of damages

Article 416 of the Civil Code is applied by analogy to the scope of damages based on tort (general theory).

Method of damages compensation

As for damages based on torts, in principle, the amount of damages will be determined in money as in the case of default ((Principles of financial compensation,722 articleItem 1Civil Code Article 417).

Incidentally,LibelIt is also permitted by civil law to take appropriate disposition to restore the original condition (Civil Code Article 723). In addition, depending on the type of tort,Injunction demandMay be recognized.

Calculation of damages

Fault rate

In the case of an accident in which both parties are negligent due to a traffic accident, etc.Fault rateIs a problem[14].. About the negligence rate of traffic accidentsAccident rate of traffic accidentsSee.

Negligence

In calculating the amount of damages based on tort, the court sets the amount of damages in consideration of the victim's negligence (722 article). thisNegligenceThat said, there is a similar system for damages based on default, but in the case of negligence offsetting due to tort, it is not required and exemption from liability is not permitted.

Lost profit

Even if it is a hard-to-calculate lost profit (for example, future profits for a minor's road death), the court will use all evidence to make good use of the rules of thumb and good judgment of the judges. And try to calculate the most probable amount as much as possible.[15].

Palimony

  • PalimonyGave to the victimMental distressHowever, it is the money paid as compensation.In the case of tort, you must also compensate for damages other than property (710 article), and is specified in the clear.
  • A person who infringes the life of another person shall compensate the victim's parents, spouse, and children for damages even if their property rights are not infringed (711 article). Regarding the right to claim the compensation for relatives, the legal text only mentions the case where the victim's life is infringed, but the precedent is widely applied for the case where the relatives suffer comparable mental distress. Acknowledge the right (up to 33.8.5 Showa). Also, the court case isinheritanceIs also accepted in principle. (Supreme Sho 42.11.1)

Exercise period for claims for damages due to tort

The right to claim damages due to tort will be extinguished by prescription in the following cases:

  • When the victim or its legal representative does not exercise for three years from the time when he/she knows the damage and the perpetrator (Civil Code Article 724(First stage). However, the revised Civil Code of 2017 (enforced April 2020, 4) newly established Article 1-724 of the Civil Code, and regarding the prescription of the extinction of the right to claim damages due to illegal acts that harm the life or body of a person, It has been five years since the legal representative learned about the damage and the perpetrator (Civil Code, Article 2-5).
  • When 20 years have passed since the time of tort (Civil Code Article 724Second stage)

Special law

  • Exemption laws

Compensation for damages under the Companies Act

Officers, etc. (directors, accounting advisors, corporate auditors, executive officers or accounting auditors), if they fail to perform their duties, are liable to the stock company for damages caused thereby (Company Law Article 423).

When an officer, etc. has a bad faith or a gross negligence in performing his/her duties, the officer, etc. shall be liable for damages caused to a third party by this (Company Law Article 429).This liability is not a general tort liability, the extinction prescriptionCompany Law Article 167Is considered to be 10 years.

footnote

[How to use footnotes]
  1. ^ a b c d Hiroshi Matsuo "Civil Law System 6th Edition", Keio University Press, 271.ISBN 978-4766422771.
  2. ^ Of the House of Councilors Budget Committee on May 2011, 5Paper TomokoOf the House of CouncilorsFukushima Daiichi Nuclear Power Plant AccidentRemarks about
  3. ^ Hiroshi Matsuo "Civil Law System 6th Edition", Keio University Press, 274.ISBN 978-4766422771.
  4. ^ Yoichiro Hamabe "Speed ​​Commentary: A Book Understanding the Amendments to the Civil Code Claims Act"Toyo Keizai Inc., 67.ISBN 978-4492270578.
  5. ^ Yoichiro Hamabe "Speed ​​Commentary: A Book Understanding the Amendments to the Civil Code Claims Act"Toyo Keizai Inc., 70.ISBN 978-4492270578.
  6. ^ a b c d Hiroshi Matsuo "Civil Law System 6th Edition", Keio University Press, 272.ISBN 978-4766422771.
  7. ^ Yoichiro Hamabe "Speed ​​Commentary: A Book Understanding the Amendments to the Civil Code Claims Act"Toyo Keizai Inc., 70.ISBN 978-4492270578.
  8. ^ a b Hiroshi Matsuo "Civil Law System 6th Edition", Keio University Press, 277.ISBN 978-4766422771.
  9. ^ Hiroshi Matsuo "Civil Law System 6th Edition", Keio University Press, 278.ISBN 978-4766422771.
  10. ^ Yoichiro Hamabe "Speed ​​Commentary: A Book Understanding the Amendments to the Civil Code Claims Act"Toyo Keizai Inc., 71.ISBN 978-4492270578.
  11. ^ a b Hiroshi Matsuo "Civil Law System 6th Edition", Keio University Press, 273.ISBN 978-4766422771.
  12. ^ a b Yoichiro Hamabe "Speed ​​Commentary: A Book Understanding the Amendments to the Civil Code Claims Act"Toyo Keizai Inc., 72.ISBN 978-4492270578.
  13. ^ Yoichiro Hamabe "Speed ​​Commentary: A Book Understanding the Amendments to the Civil Code Claims Act"Toyo Keizai Inc., 69.ISBN 978-4492270578.
  14. ^ "Accident rate of traffic accidents". Sony Assurance. 2016th of February 10Browse.
  15. ^ Showa 36 (e) 413  Supreme Court Third Small Court June 39, 6

References

  • Yasuhiro Hashimoto "From Now Damages Compensation Law" (Fuma Shobo)

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Information leakage

Information leakage(Enamel or enamel) should be kept inside情报Says that it leaks to the outside for some reason.

Overview

It is mainly said about the inside information of the company.At home or at workcomputerAfter it became popular情报It became easier to save and manage, but from a computer情报Many times because there are not many measures to prevent leakage情报The background is that there is a leak.Also, animation information of manga and novels,Computer gamesInformation that can only be known by the parties concerned, such as the internal data of the company, is often posted on bulletin boards before the official announcement, and the leaked information is displayed in this way.Leak informationSometimes called.

Especially since 2000Personal information leakageHas become a social problem.

DLP

DLP is an abbreviation for Data Loss Prevention, which is a general term for software or a mechanism to prevent information loss or leakage due to mistakes or fraud.

Major cause

However, all of them are the result of neglecting to manage users.


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