2004 Fiscal Year Final Research Report Summary
research on the unitary examination of family disputes in the family court
| Project/Area Number |
14520052
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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 | Nagoya University |
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Principal Investigator |
HONMA Yasunori Nagoya University, graduate school of Law, Professor, 大学院・法学研究科, 教授 (50133690)
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| Project Period (FY) |
2002 – 2004
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| Keywords | family court / mediation program / Sanyoin / inter omnes effect / standing / litigation of divorce / custody of infancy / incompetent |
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| Research Abstract |
This research was proceeded for three years from 2002 to 2004. In the meanwhile the new law on family cases was enacted in the year 2003. Under this law jurisdiction of the family cases was moved from district court to family court. This research was abreast of the legislation of new law on the litigation of the family cases. With this change many difficult problems may arise. For example, our family court must manage hereafter not only mediation program but also litigations according this new law. So we have to determine the relationship between the mediation and the litigation of the same case. One should say, that the same judge or the same person, who participated in the mediation program, should not be concerned with the litigation, that comes after the failure of the mediation. On the other hand we should make good of the materials, that the court gathered through the mediation. With this research I treated this problem. The common man could participate in the litigation. It is not jury system but he or she is a participate in the procedure as an adviser for judge. But the role of this person is not so clear right now. So we must decide this quickly, to keep the procedure transparently. Those problems I dealt in some thesis. I wrote 10 thesis or books about the research subject and I reported my opinion in some legal congresses, or some courts.
I want to expand my research from the viewpoint of comparative Law. I have already visited some European countries, like Germany, Austria and Greece. I examined the judicial system of those countries. I would like to publish the result of the research as soon as possible.
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[Book] 家事事件手続法2005
Author(s)
本間靖規ほか
Total Pages
550
Publisher
有斐閣
Description
「研究成果報告書概要(和文)」より
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