The Study of "Compensatory Payment"of Division of Property on Divorce

• Project/Area Number: 23730101
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: University of Miyazaki
• Principal Investigator: ADACHI Fumie 宮崎大学, 教育文化学部, 准教授 (50433058)
• Project Period (FY): 2011-04-28 – 2015-03-31
• Project Status: Completed (Fiscal Year 2014)
• Budget Amount: ¥3,640,000 (Direct Cost: ¥2,800,000、Indirect Cost: ¥840,000); Fiscal Year 2013: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000); Fiscal Year 2012: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000); Fiscal Year 2011: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
• Keywords: 財産分与 / 離婚後扶養 / 補償 / 離婚扶養 / 補償給付

Outline of Final Research Achievements

The American Law Institute(ALI)"Principles of the Law of Family Dissolution" has proposed that the concept of alimony should be replaced with the concept of compensatory payment, and clear standards for the award,amount and duration of compensatory payment should be established.In Japan,law of alimony has had controversial problems,the proposal of the ALI will give Japanese law suggestions.
Although the ALI proposes has been cited in few cases in the United States, the number of states have recognized alimony to spouse for contributions to the other spouse and in some states guidelines has been established.Whether compensatory alimony and guidelines of alimony are related to ALI's proposal is my task for the future.