1992 Fiscal Year Final Research Report Summary
A STUDY OF INTERNATIONAL FAMILY LAW APPLIED TO THE PEOPLE "SETTLING DOWN" IN JAPAN
| Project/Area Number |
02620020
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | RITSUMEIKAN UNIVERSITY |
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Principal Investigator |
KIDANA Shouichi (RITSUMEIKAN UNIVERSITY, SCHOOL OF LAW, PROFESSOR), 法学部, 教授 (90066697)
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| Co-Investigator(Kenkyū-buntansha) |
AOKI Kiyoshi (NANZAN UNIVERSITY, SCHOOL OF LAW, ASSISTANT PROFESSOR), 法学部, 助教授 (80159277)
IWASAKI Kazuo (RITSUMEIKAN UNIVERSITY, SCHOOL OF INTERNATIONAL AFFAIRS, PROFESSOR), 国際関係学部, 教授 (40127882)
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| Project Period (FY) |
1990 – 1992
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| Keywords | foreigners "settling down" in Japan / the Korean in Japan / the Chinese in Japan / Private International Law / the Horei / International Family Law |
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| Research Abstract |
The main purpose of this project is to analyze the international family law issues of the people "settling down' in Japan, who are recently defined as foreigners keeping the base of their daily lives in Japan and connecting themselves by closer tie with Japan than with any other countries. Under the Horei, the basic statute of Japanese private international law, a person's status is basically governed by his or her national law. Accordingly, South or North Korean Family Law governs family matters concerning Koreans, who form the largest proportion of the foreign population settling down in Japan. Recently, these three laws i.e. the Horei and both Family Laws, have been revised or established in each country.
The revision of the Horei centered around the general and particular conflict rules related primarily to marriage, divorce and parent-child relations. One of the revision's features is that habitual residence and the place of the closest connection have for the first time been introduced as connecting factors into the choice-of-law rules. As a result, we will have more cases in that the Horei requires to apply Japanese Family Law to the above family matters, compared with the pre-revision. South Korean Family Law has been drastically revised from some points of equal treatment of men and women, a improvement on the traditional family system and so on. North Korean Family Law has been proved to be established in October 1990 and to be in force from December 1990. Though it is one of the socialistic family law, it shows the influence of the traditional family system. However, it has not been made sufficiently clear in detail.
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