| Project/Area Number |
26780057
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | University of Fukui |
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Principal Investigator |
IKOMA TOSHIHIDE 福井大学, 学術研究院教育・人文社会系部門(総合グローバル), 准教授 (00514027)
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| Project Period (FY) |
2014-04-01 – 2018-03-31
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| Project Status |
Completed (Fiscal Year 2017)
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| Budget Amount *help |
¥2,340,000 (Direct Cost: ¥1,800,000、Indirect Cost: ¥540,000)
Fiscal Year 2016: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2015: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2014: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
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| Keywords | 離婚 / 子の福祉 / 子の利益 / 婚姻住居 / 別居 / 財産分与 |
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| Outline of Final Research Achievements |
The problem of how couples utilize the marital house is especially important. I refer to BGB§1568a,1568b, and I attempt to propose a solution suitable for Japan. After that, I research about the system of “Legal Separation”. In Japan, unlike many other countries, civil law does not recognize the system of “Legal Separation”. However, a “legal outline (1996)” mentions the system of “Legal Separation”. Therefore, it is necessary to discuss the marital house not only in cases of divorce but also of separation. The system of “Legal Separation” in Germany is consulted (BGB) and analyzed to identify the best parts that could most profitably be incorporated into the Japanese system to make it better.
In the course of my research, I focus on “what will most benefit the child”. When the couple has a child, any divorce or separation also affects the child. It is necessary to take “what is best for the child” into consideration more.
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