Comparative Study of International Civil Procedure and Harmonization of Civil Procedure Law
| Project/Area Number |
12620047
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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 | Tohoku University |
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Principal Investigator |
KAISE Yukio Tohoku University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (90169376)
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| Project Period (FY) |
2000 – 2001
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| Project Status |
Completed (Fiscal Year 2001)
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| Budget Amount *help |
¥1,500,000 (Direct Cost: ¥1,500,000)
Fiscal Year 2001: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2000: ¥800,000 (Direct Cost: ¥800,000)
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| Keywords | Comparative law in the United States / Reception of foreign law / Harmonization of civil procedural law / Comparative Civil Procedure / European code of civil procedure / Private international law in insolvency cases / International insolvency law / EU regulation / 比較法史 / 比較民事手続法 / ライマン / EU法 / ハーモナイゼイション |
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| Research Abstract |
1. In this research project, new directions of American comparative law are examined as a basic study for reception and transplant of foreign law, focusing at achievements of Mr. Mattias Reimaun, one of the leading comparative law scholars in the U.S.
2. To establish the theoretical foundation for harmonizing (procedural) law, following issues are analyzed: historical development of comparative civil procedure, legal transplants of procedural law, present situation of international project on comparative civil procedure, new idea of European code of civil procedure and comparative study of civil justice system. The study of comparative civil procedure contributes to create international rational legal practice, transplant efficient and fair judicial system, accelerate international harmonization of civil procedural law and provide general theory or philosophy for the reform of civil justice.
3. From a viewpoint of harmonizing procedural law and in comparison with German and EU law, choice-of law problems in international insolvency law and realize international harmonization of judgment, the ler fori concursus should be applied as a rule. The applications of the law with the most significant relationship are required in exceptional cases. Because Japanese law for recognition and assistance of foreign insolvency proceedings contains no choice-of-suggestive as a guideline for future developments of Japanese law. This regulation is translated into Japanese and compared with Japanese insolvency law.
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Report
(3 results)
Research Products
(5 results)
