| Project/Area Number |
22730011
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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 | Kobe Gakuin University |
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Principal Investigator |
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| Project Period (FY) |
2010-04-01 – 2014-03-31
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| Project Status |
Completed (Fiscal Year 2013)
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| Budget Amount *help |
¥2,990,000 (Direct Cost: ¥2,300,000、Indirect Cost: ¥690,000)
Fiscal Year 2013: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2012: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2011: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2010: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
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| Keywords | イングランド法 / 判例法 / 商事法廷 / 裁判所 / 契約法 / 契約の解釈 / 裁判官 |
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| Research Abstract |
How can courts resolve more commercial disputes with more rapidity, certainty and efficiency? Any court did, does and will always ask for answers for the question. If a judge deals with commericial disputes at his court, he should have expertise not only in commercial law, but also in the reality of commercial transactions. He should steer proceedings with his initiative for the benefit of the parties who, as commercial people, are sensitive to wasted money and time. In the 19th century, English courts failed to catch up with changing commercial reality. The Judicature Acts 1873 & 1875 drastically changed English legal system, but achieved little for more effective commercial dispute resolution. My research project aimed to deal with Justice Mathew's practical initiative to establish 'commercial court' at the Queen's Bench Division, where 'commercial causes' were tried with summary proceedings. It also aimed to explore the impact of its rulings and practices on English commercial law.
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