| Project/Area Number |
06301055
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| Research Category |
Grant-in-Aid for Scientific Research (A)
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| Allocation Type | Single-year Grants |
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| Section | 総合 |
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| Research Field |
Fundamental law
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| Research Institution | Osaka Kokusai University (1995-1996)
Osaka City University (1994) |
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Principal Investigator |
ISHIBE Masasuke Osaka Kokusai Univ.Seikei Professor, 政経学部, 教授 (90046970)
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| Co-Investigator(Kenkyū-buntansha) |
ONAKA Arinobu Osaka Kokusai Univ.Seikei Instructor, 政経学部, 講師 (60288975)
NISHIMURA Shigeo Kyushu Univ.Hougaku Professor, 法学部, 教授 (30005821)
SATO Iwao Osaka City Univ.Hougaku A.Professor, 法学部, 助教授 (80154037)
KODAMA Hiroshi Kyushu Univ.Hougaku Professor, 法学部, 教授 (70192060)
SASAKURA Hideo Osaka City Univ.Hougaku Professor, 法学部, 教授 (10009839)
寺田 正春 大阪市立大学, 法学部, 教授 (00047375)
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| Project Period (FY) |
1994 – 1996
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| Project Status |
Completed (Fiscal Year 1996)
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| Budget Amount *help |
¥10,500,000 (Direct Cost: ¥10,500,000)
Fiscal Year 1996: ¥1,700,000 (Direct Cost: ¥1,700,000)
Fiscal Year 1995: ¥3,300,000 (Direct Cost: ¥3,300,000)
Fiscal Year 1994: ¥5,500,000 (Direct Cost: ¥5,500,000)
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| Keywords | Germany / German Civil Code / Code / Codification / Civil Code |
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| Research Abstract |
In the 1996 fiscal year, there were 2 Study Meetings in May and Jan.while each member pursuing his own study and its completion as a report. The list of each study is as follow :
1) General Theory : erro/Onaka, invalidity/Kano
2) Bukken : actio negatolia/Kawasumi, co-ownership/Kamitani
3) Saiken : contract/Okubo, duty of ensure the safety/Takahashi
4) Souzoku : will/Noda.
All the above studies were based on newly published historical documents for German codification and aimed to analyze the history of formation of each draft text and determine its prerequisite theories and case laws regarding both ius commune and local law. The historical structure of German codification came to be clear through those works and we could come to understand how its historical structure has been sccepted and developed in the Japanese Civil Code and its doctrines. In addition to the above, Mr.Toshio Tsubaki, the German Civil code specialist, joined our Jan.meeting and shared with us his view regarding German Civil Code researches. Mainly he talked about invalidity. Also his wife Mrs.Kumiko Tsubaki reported on Grundschuld. The report on the history of German codification were submitted by Mr.Ishibe, and he further reported at Japan Society of Comparative Law on it.
While having many unsolved questions, now each member is expected to submit revised report in 1997 and prepare to bring out each book.
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