REFLECTIONS ON PROCEDURE OF FAMILY COURT WITH REFERENCE TO PARTITION OF ESTATE

Research Project

Project/Area Number	07802004
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	YAMAGUCHI UNIVERSITY
Principal Investigator	OHASHI Mayumi FACULTY OF ECONOMICS,YAMAGUCHI UNIVERSITY ASSOCIATE PROF., 経済学部, 助教授 (80211803)
Project Period (FY)	1995 – 1996
Project Status	Completed (Fiscal Year 1996)
Budget Amount *help	¥1,900,000 (Direct Cost: ¥1,900,000) Fiscal Year 1996: ¥600,000 (Direct Cost: ¥600,000) Fiscal Year 1995: ¥1,300,000 (Direct Cost: ¥1,300,000)
Keywords	FAMILY COURT / PROCEEDINGS OF FAMILY COURT / CONCILIATLON OF FAMILY CASE / DECISION OF FAMILY CASE / SUCCESSION / PARTITION OF ESTATE / ADVERSARY SYSTEM / 乙類審判事項 / 訴訟と非訟
Research Abstract	(1) A research on practice of family cases. In this study, I'd like to make researches on treatment of family cases in Japan, especially treatment of decisions of family cases ("otsurui-cases"). Althouth decision of family cases in type of otsurui-case is characterized as non-litigation proceedings ("Hishou-Jiken"), it has something in common to litigation proceedings. Therefore, it is partically treated like litigation proceedings in practice of family court. This treatment is called as practice of family cases according to adversary system. In this study, I'd focused my attention on a research of pertition of estate, because this case has the most typical characteristic of property-cases among otsurui-cases. I'd held a lot of interviews with family judges about the treatment of family cases, mainly the treatment of cases of partition of estate. Because the family courts in Tokyo, Osaka and Fukuoka would like to devise new treatment of family cases, I'd visited them to analyze practice of family cases according to adversary system. As a result of this research, I could point out two new view points for the research of family cases. I'd gathered a lot of literature about otsurui-cases. At the same time, I'd got together results of interviews and comparative studies. At the end, I could make public one part of a result of this research in journal of civil procedure law (vol.42). In this article, I'd shown the characteristic of each otsurui-case and hot to treat it. (2) A comparative study on family cases. In this research, I've compared japanese family-court system with german family-court system. As a result, I think that flexible treatment of family cases in Germany, especially combination-cases in Germany is very instructive for japanese law.