1995 Fiscal Year Final Research Report Summary
A Study of the multilitigation in the Japanese civile procedure -Real party in the interest, joinder of Parties, res judicata and due proces of law-
| Project/Area Number |
06620036
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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 | Kaogoshima University |
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Principal Investigator |
SANO Hiroyuki Kagoshima University, Faculty of Law Economics and Humanities, Associate Professor, 法文学部, 助教授 (10145451)
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| Project Period (FY) |
1994 – 1995
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| Keywords | Multiparty litigation / Real party in the interest / Joinder of parties / Due Process of law / Res judicata / Necessary party / Indispensable party / Intervention |
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| Research Abstract |
The Japanese civile procedure hat so many types of multiparty-litigation. For exsample, there are necessary party (hituyoteki-kyodososho) and indispensable party (koyu-hituyoteki-kyodososyo) in the joinder of parties (kyodososho, (section)(section)59-63 in the rules of japanese civile procedure), and in the intervention there are hojosanka (and kyoudososhoteki-hojosanka, (section)(section)64-70), dokuritu-tojisha-sanka ((section)(section)71-74, like as Inerpleader and Impleader), kyodo-sosho-sanka ((section)75) and sosho-kokuchi ((section)(section)76-78, like as compulsory joinder).
This resarch deals with these institutions especially between to the actual dispute. We are accustomed to use the japanese civi multiparty system in the view of two-parties-dispute-resolution, so that the function of Multilitigation-System is fullwidthy reduced, especially in the japanese judicial cases. In this article, I have drawed the conclusion from the resarch for several judicial cases, that multiparty litigation system hat to be used not by analogy with two-parties-system, but in the relationship to the real dispute.
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