Research on Pleading Process in Civil Procedure

2017 Fiscal Year Final Research Report

• Project/Area Number: 15K03208
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: Okayama University
• Principal Investigator: ITO TOSHIAKI 岡山大学, 法務研究科, 教授 (60322880)
• Project Period (FY): 2015-04-01 – 2018-03-31
• Keywords: 弁論主義 / 主張責任 / 事案解明義務 / 情報提供義務

Outline of Final Research Achievements

The outline of the main research results is as follows. First, the theory of hearing proceedings is a debate with a certain system called “Litis Contestatio” and “Eid” system, and under the legal system without such a system, it is necessary to have a theory that complements the absence of the system . Second, in the pleading process, in the relationship with the court, the parties have the authority to dispose of facts (information) and evidence, but in relation between parties, the right to dispose of facts (information) and evidence is not necessarily the parties does not have it.

Free Research Field

民事訴訟法