Judge's initiative in dispute resolution---Hidden basement of modern civil procedure
| Project/Area Number |
22730001
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | Hokkaido University |
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Principal Investigator |
MIZUNO Koji 北海道大学, 大学院・法学研究科, 准教授 (80399782)
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| Project Period (FY) |
2010 – 2012
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| Project Status |
Completed (Fiscal Year 2012)
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| Budget Amount *help |
¥3,770,000 (Direct Cost: ¥2,900,000、Indirect Cost: ¥870,000)
Fiscal Year 2012: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2011: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2010: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
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| Keywords | 民事訴訟 / 裁判官 / 職権 / 中世 / 近世 / 近代ドイツ日本 / 近代 / 日本 / 継受 / 当事者 / 大正改正 / ヨーロッパ / ローマ法 / 訴訟 / 公証 |
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| Research Abstract |
In former studies civil procedure from medieval/ early modern learned law to modern German and Japanese law was basically party-controled. On the contrary this research has made clear that in theoretical works, and in practice too, officium iudicis played a rather active role. Intervention of judges were highly expected also from parties and their lawyers as strategic measure. We can say that the initiative of judge has been one tradition for european civil procedure.
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Report
(4 results)
Research Products
(15 results)
