A Socio-Legal Study on the Process of Negotiation on Damages
| Project/Area Number |
61410013
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| Research Category |
Grant-in-Aid for General Scientific Research (A)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Kobe University |
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Principal Investigator |
MIYAZAWA Setsuo (1987-1988) Kobe University, Faculty of Law, Proffessor, 法学部, 教授 (60001830)
西原 道雄 (1986) 神戸大, 法学部, 教授 (60030607)
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| Co-Investigator(Kenkyū-buntansha) |
KASHIMURA Shiro Kobe University, Faculty of Law, Associate Proffessor, 法学部, 助教授 (40114433)
NISHIHARA Michio Kobe University, Faculty of Law, Proffessor, 法学部, 教授 (60030607)
宮澤 節生 神戸大学, 法学部, 教授 (60001830)
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| Project Period (FY) |
1986 – 1988
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| Project Status |
Completed (Fiscal Year 1988)
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| Budget Amount *help |
¥9,000,000 (Direct Cost: ¥9,000,000)
Fiscal Year 1988: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 1987: ¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 1986: ¥6,000,000 (Direct Cost: ¥6,000,000)
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| Keywords | Civil dispute / damages / state liability / traffic accident / medical malpractice / pollution / corporate legal department / 地方自治体 / 企業法努 / 医療過設 |
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| Research Abstract |
Our project consists of three parts: (1) a large-scale questionnaire survey on dispute experiences with a random sample of the residents of Kobe, (2) an in-depth interview study on legal staff and dispute processing of organizations, including local govarnments and corporations, and (3) analyses of selected cases involving individual claimants and organizational opponents. Compared to previous studies on civil disputing process, interest in organizational parties is the unique contribution of our project. This final report, therefore, summarizes the findings on (2). Details of the findings, including transcripts of interviews, will be published in Vol.38, No.1 and Vol.39, No.1 of Kobe Law Journal. Findings of other parts of our project will also be published later.
During the period of 1966-88, 10 prefectural governments, 16 city governments, and 17 corporations (including 4 electricity companies) were interviewed. They were asked to review our findings, and as of January 1989, 7 prefectural governments, 11 city governments, and 10 corporations have given us permission to publish anonymous information about them.
The findings are presented on the following items:
On local governments: legal staff; process of negotiation over damage claims; principles of dispute processing; relationship with the legislature; channels of decision-making; selection of attorneys; standards to calculate the amount of damages; liability insurance; manuals; dispute processing at public corporations; training of legal staff.
On corporations: legel staff; principles of dipute processing; dispute processing as defendant; dispute processing as claimant; contract dispute; consumer dispute; dispute over intellectual properties; selection of attorneys and their role; standards to calculate the amout of damages; liability insurance; manuals.
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Report
(4 results)
Research Products
(15 results)
