| 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)
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| 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.
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