2000 Fiscal Year Final Research Report Summary
The reconstruction of Parentage Act
| Project/Area Number |
10620035
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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 | Tohoku University |
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Principal Investigator |
MIZUMO Noliko Tohoku University, School of Law, Professor, 大学院・法学研究科, 教授 (40114665)
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| Project Period (FY) |
1998 – 2000
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| Keywords | parent / child / bioethics / adoption |
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| Research Abstract |
The purpose of this research project is to restore the parent-child legal relation. Japanese Civil code has the statutes which rules the parent-child legal relations. The parent-child legal relation is not the same as parent-child biological relation. But the Supreme Court has judged that the difference of these two relations should be destroyed as possible. Doctrines have also appreciated these judgement.
Why Civil Code poses the difference of these two relations? It is because for the best benefit of the child. This reason should be evaluated. The biological relation can be examined and identified. But the result of the reveal may destroy the benefit of child.
The wisdom of Civil Code should be maintained. The control of medically assisted birth needs also the old wisdom of Civil Code.
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