匿名で取引するシステムを提供する者の責任―履行請求権の視点から―

Abstract

In the event of a dispute regarding a contract concluded by an anonymous trading system, the disadvantaged or damaged party loses the opportunity to receive legal remedies, due to anonymity. At present, this disadvantage or damage is neglected. This paper points out that is the problem. This paper insisted that the responsibility of the provider for disclosure of the party should be recognized, and that the anonymous system provider who refuses to disclose the party information due to the anonymous contract, should be liable for performance on behalf of the anonymous party. The insistence of this paper is based on the presumption of the party's intention that ""the party cannot wish to conclude a contract without the claim for the performance"". This paper further states that consent to an anonymous system contract does not constitute a manifestation of intention to renounce the possibility of a private law solution, and that it is not allowed to exclude the party from the legal order including mandatory provisions, on the grounds of an anonymous system contract agreement.