International Recovery of Child Support and Other Forms of Family Maintenace
| Project/Area Number |
15530032
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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 |
International law
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| Research Institution | Hitotsubashi University |
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Principal Investigator |
YOKOYAMA Jun Hitotsubashi University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (10129140)
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| Project Period (FY) |
2003 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥1,400,000 (Direct Cost: ¥1,400,000)
Fiscal Year 2004: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2003: ¥600,000 (Direct Cost: ¥600,000)
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| Keywords | maintenance obligations / Hague Conference on Private International Law / Advisory Panel for the Minister of Justice / Applicable Law / Law on the Law Applicable to Maintenance Obligations / Administrative Cooperation / Central Authority / recognition and enforcement of foreign maintenance decisions / 扶養料 / 扶養決定の承認・執行 / 行政協力 / 扶養 / 条約 / 外国判決の承認 / 管轄権 / 特別委員会 |
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| Research Abstract |
Work on the new Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is underway under the Hague Conference of Private International Law. The negotiations were held in May 2003,followed by the second meeting of its Special Commission during the period from 7 to 18 June 2004. The Special Commission produced the Working Draft for the new Convention on 17 June 2004.
The Ministry of Justice set up an advisory panel for the Minister of Justice to deal with this future convention in April 2004. I was appointed chairman for the panel. It does not seem that many maintenance problems in the international sphere have occurred in connection with Japan at least in a noticeable way. But, taking account of the applicants for maintenance generally having very limited resources, nobody seem to object to the purpose of the new international instrument designed to enable them to recover their maintenance. The future convention are likely to consist of, mainly, the two parts, namely, administrative co-operation, recognition and enforcement of foreign maintenancedecisions.
The choice of law rules seem to be adopted only on the optional basis rather than as an integral part of the convention.
During the negotiations at the Hague, the obstacles to be overcome became apparent between the United States and the States belonging to European Union in connection with the spheres of jurisdiction and choice of law rules. This research tries to explain the gap between these two sides and to inndicate some ways to bridge it. This is essential, because the convention aims to be global ratherthan regional.
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Report
(3 results)
Research Products
(3 results)
