2003 Fiscal Year Final Research Report Summary
Research on the legal framework for the judicial assistance in the fields of the civil law between Japan and Korea
| Project/Area Number |
12420008
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Osaka University |
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Principal Investigator |
WATANABE Satoshi Osaka Univ., Graduate School of Law, Prof., 大学院・法学研究科, 教授 (30032593)
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| Co-Investigator(Kenkyū-buntansha) |
DOGAUCHI Masato Tokyo Univ., Graduate School of Law and Politics, Prof., 大学院・法学政治学研究科, 教授 (70114577)
NOMURA Yoshiaki Osaka Univ., Graduate School of International Public Policy, Prof., 大学院・国際公共政策研究科, 教授 (20144420)
SAKURADA Yoshiaki Kyoto Univ., Graduate School of Law, Prof., 大学院・法学研究科, 教授 (10109407)
CHAEN Shigeki Osaka Univ., Graduate School of Law, Prof., 大学院・法学研究科, 教授 (30217252)
NAKANO Shun-ichirou Kobe Univ., Graduate School of Law, Prof., 大学院・法学研究科, 教授 (30180326)
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| Project Period (FY) |
2000 – 2003
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| Keywords | International Jurisdiction / Hague Draft Convention / Revised Korean Private International Law / International legal assistance / Service of judicial documents abroad / Taking evidence abroad / Recognition and Enforcement of Foreign Judgments / International Arbitration |
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| Research Abstract |
1. Revised Korean Code of conflict of laws contains the general provision on the jurisdiction which is remarkably influenced by the U.S. principle of minimum contacts and reasonableness. But, as clarified in the discussion on Hague Draft Convention, the provisions of the jurisdiction in the international instruments should be constructed with the clear criteria. 2. Cooperation for the service of documents was the urgent and important problem at the beginning of this research project, but after the start of this project, as Korea has joined the Hague Service Convention, the main problems, concerning with the service of documents have resolved. 3. Promoting the cooperation for taking evidence abroad is mostly beneficial and expect worth for the two countries, especially the legal assistance for the. request of investigation which is known only in our two civil procedure law systems.4. As for the cooperation for the recognition and enforcement of judgments, no difficult burden exists between two countries with the court judgments. Simplification of the enforcement proceeding and widening the objects of recognition to the provisional orders and the mediation are expected. 5. Development of the international arbitration system for the disputes on the intellectual property rights is most expected, as the international disputes resolution instruments which could be free from the territorialism of these rights.
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Research Products
(12 results)
