| Project/Area Number |
60450065
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| Research Category |
Grant-in-Aid for General Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Hokkaido University. |
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Principal Investigator |
FUKUNAGA Aritoshi Hokkaido University Fac,of Law, 法学部, 教授 (80067595)
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| Co-Investigator(Kenkyū-buntansha) |
SAKURADA Yoshiaki Kyoto University Fac,of Law, 法学部, 教授 (10109407)
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| Project Period (FY) |
1985 – 1987
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| Project Status |
Completed (Fiscal Year 1987)
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| Budget Amount *help |
¥3,400,000 (Direct Cost: ¥3,400,000)
Fiscal Year 1987: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 1986: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 1985: ¥2,200,000 (Direct Cost: ¥2,200,000)
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| Keywords | Evidence in International Civil Litigation / Mode of Proof / Law of Internationl Civil Procedure / Princiole of the Application of the lex fori in procesural matters / Discovery / 外国法の証明 / 国際民事訴訟法 / 国際証拠法 / 法廷地法主義 / 証言拒絶権 |
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| Research Abstract |
The law of evidence involved in international civil litigations is not yet fully developed. The is mostly due to the existence of the trafitional principle of the application of the lex fori in Procedural matters. After the thorough examination the raison d'etre of this principle, which was carried out on the basis of the comparative law method and by some interviews with international lawyers at Tokyo and Osaka, we especially endeavoured to find the possibility of the conflict of laws in this field. Our study on the selected particular topics, such as modes of proof (esp. sec.4 of Statute of Frauds or srt.1341 of the French Civil Code), whtness et cetera, showed the possible system of the law of evidence in this field, which is as well theoretically as practically of great importance.
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