| Budget Amount *help |
¥2,470,000 (Direct Cost: ¥1,900,000、Indirect Cost: ¥570,000)
Fiscal Year 2010: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2009: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2008: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
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| Research Abstract |
I studied the judicial precedents of the Federal Administrative Court and the theory on general action for declaratory judgment in Article 43 (1) of Administrative Court Act in Germany in order to make good use of action for declaratory judgment prescribed in Article 4 of Administrative Case Litigation Act in Japan. As a result I can tell that the object of action for declaratory judgment is limited to confirming the existence or not of legal relationship in Germany and this is different from the theory in Japan, for the illegality of individual actions by administrative organ is able to be confirmed with action for declaratory judgment in Japan. However the concept of legal relationship is grasped widely in Germany and therefore the object of this action is wide-spreading, and general action for future performance can partially take the place of the function of action for declaratory judgment further.
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