Basic Theory of International Civil Procedure
| Project/Area Number |
18530053
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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 | Rikkyo University (2007)
Tohoku University (2006) |
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Principal Investigator |
KAISE Yukio Rikkyo University, Law School, Professor (90169376)
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| Project Period (FY) |
2006 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥1,610,000 (Direct Cost: ¥1,400,000、Indirect Cost: ¥210,000)
Fiscal Year 2007: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2006: ¥700,000 (Direct Cost: ¥700,000)
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| Keywords | Sugiyama Naojiro / universal comparative law / universal law / international civil procedure / comparative civil procedure / comparative law institute / comparative law for peace / basic theory of comparative law / 比較法源論 / 国際裁判管轄 / 手続的正義 / 手続権保障 / 比較法 / グローバリゼーション / 公正 |
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| Research Abstract |
The main pourpose of this study is by the method of intellectual history in revaluate the achievements of Prof Sugiyama Naojiro in order to establish the solid foundation of comparative and international civil procedure. The developments of his study can divided into five stages. 1. His early works of comparative commercial law ; 2 study of the basic theory of comparative law on its conception and ground in 1918 in his pioneering work ; 3. study of applied comparative law, such as adhesion contracts ; 4. universal comparative law theory under the influence of Prof Kotaro Tanaka ; 5. administration of institution of comparative law and proposal of comparative law for peace . The modern significance of his theory can be summarized as follows. First, he established the comparative law theory for peace and human cooperation. Second, he proposed comparative law theory as original discipline. Third, he proposed the synthetic systematization of comparative law that aimed at the progress of positive law. Fourth, he accomplished the sources of law theory to search for the positive law through method of free and scientific interpretation. Fifth, he published many concrete works from the perspective of national law developments or harmonization with universal law. Sixth, he proposed the idea of comparative law institute for the organized research of private international law including comparative law. Prof. Sugiyama's excellent achievements should be highly revaluated from viewpoint of comparative international civil procedure as universal comparative law and as the basic theory for procedural harmonization.
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Report
(3 results)
Research Products
(2 results)
