| Project/Area Number |
08620037
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | KYUSHU UNIVERSITY (1997-1998)
Kumamoto University (1996) |
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Principal Investigator |
KAWASHIMA Shiro KYUSHU UNIVERSITY,FACULTY OF LAW,ASSOCIATE PROFESSOR, 法学部, 教授 (70195080)
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| Project Period (FY) |
1996 – 1998
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| Project Status |
Completed (Fiscal Year 1998)
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| Budget Amount *help |
¥2,300,000 (Direct Cost: ¥2,300,000)
Fiscal Year 1998: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1997: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 1996: ¥1,000,000 (Direct Cost: ¥1,000,000)
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| Keywords | REMEDIAL LAW / CIVIL PROCEDURE / INJUNCTIONS / DAMAGES / JUDGMENT ENFORCEMENT / BANKRUPTCY / SUBSTANTIVE LAW / TORTS / 違法行為 / 救済規範 / 民事訴訟法 / 民事執行法 / 不法行為法 / 損害賠償請求 / 民事保全 |
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| Research Abstract |
They said the traditional procedural theory in Japan was that the role of civil procedure was to idealy establish the existence or inexistence of a substantive right and that of judgment enforcement was to implement such a righ faithfully. Then it was thought as natural that a substantive right a priori included the specific remedy, which could be drawed logically.
However I made a point that in order to discover, check and control the discretion in judge's creating the specifically adequate remedy in one case at fast the norm of the remedial law should be separated from the norm of the substantive right and then new remedial norm should be created from case to case so as to give the judge the guide to make the judgment including the best remedy in one case.
To concrete this theory I wrote following articles in three years.
I think that I continue to study on the above subject.
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