1998 Fiscal Year Final Research Report Summary
THE FUNDAMENTAL STUDY ON THE DEVELOPMENT POSSIBILITY OF JAPANESE REMEDIAL LAW
| Project/Area Number |
08620037
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | KYUSHU UNIVERSITY (1997-1998)
Kumamoto University (1996) |
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Principal Investigator |
KAWASHIMA Shiro KYUSHU UNIVERSITY,FACULTY OF LAW,ASSOCIATE PROFESSOR, 法学部, 教授 (70195080)
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| Project Period (FY) |
1996 – 1998
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| Keywords | REMEDIAL LAW / CIVIL PROCEDURE / INJUNCTIONS / DAMAGES / JUDGMENT ENFORCEMENT / BANKRUPTCY / SUBSTANTIVE LAW / TORTS |
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| Research Abstract |
They said the traditional procedural theory in Japan was that the role of civil procedure was to idealy establish the existence or inexistence of a substantive right and that of judgment enforcement was to implement such a righ faithfully. Then it was thought as natural that a substantive right a priori included the specific remedy, which could be drawed logically.
However I made a point that in order to discover, check and control the discretion in judge's creating the specifically adequate remedy in one case at fast the norm of the remedial law should be separated from the norm of the substantive right and then new remedial norm should be created from case to case so as to give the judge the guide to make the judgment including the best remedy in one case.
To concrete this theory I wrote following articles in three years.
I think that I continue to study on the above subject.
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