2017 Fiscal Year Final Research Report
Study of litigation form according to case type of association-related litigation
| Project/Area Number |
15K03204
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Multi-year Fund |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Osaka University |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2015-04-01 – 2018-03-31
|
| Keywords | 民事法学 / 当事者能力 / 法人でない社団 / 社団関係訴訟 / 当事者適格 / 不動産登記手続請求 / 当事者の特定 / 当事者の確定 |
|---|
| Outline of Final Research Achievements |
Because the capacity to be a party of a non-corporate association involves the capacity to hold rights only in the litigation, the association have unique standing as a party, so the court can make a judgment that rights and duties as the subject of litigation belong to the association. However, because the association is not a juridical person, there is no change in the joint attribution of rights and duties as litigation items to all members, and all the members can stand as a party to sue (association = all the member). Because the association has no registration capacity in real estate, the association must plead to bring benefits on the representative as a person in the case of request for registration, but the others are the same as above. In any case, the effectiveness of the judgments received by the association is effective not only for the association but also for all the members which is the same status of the association.
|
| Free Research Field |
民事手続法
|
