2006 Fiscal Year Final Research Report Summary
Comprehensive Study on the Rules and Systems of Civil Procedures Designed for a Right Holder Representing Multiple Right Holders
| Project/Area Number |
16530055
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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 | Kobe University |
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Principal Investigator |
YAMAMOTO Hiroshi Kobe University, Graduate School of law, Professor, 法学研究科, 教授 (20143349)
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| Co-Investigator(Kenkyū-buntansha) |
NAKANISHI Masashi Kobe University, Graduate School of Law, Professor, 法学研究科, 教授 (10198145)
HATA Mizuho Kobe University, Graduate School of Law, Professor, 法学研究科, 教授 (00218471)
AOKI Satoshi Kobe University, Graduate School of Law, Associate Professor, 法学研究科, 助教授 (40313051)
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| Project Period (FY) |
2004 – 2006
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| Keywords | cross-filing / testamentary executor / transfer of bisiness / execution of associations' assets / third party intervention / corporate bond trustee |
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| Research Abstract |
We started our research to examine from various angles the rules and systems of civil procedures designed for a right holder representing multiple right holders, such as consumers' group litigsations. The scope of our research got then widened as we became more interested in a more general questions of procedural regulations of the protections of patiqular partties' interests in multiple-party litigations.
This research has produced remarkably important results, to name but a few : an overview on the cross-filing between trustees in transnational parallel bankruptcy(a kind of class action) ; the status of the corporate bond trustees in the corporate reorganization proceeding ; the procedure to protect creditors and equity shareholders in the case of transfer of bisiness in the corporate reorganization and civil rehabilitation proceedings ; the scope of the litigation power of the testamentary executor who files a suit representing multiple heirs and devisees ; the procedure to be guaranteed to an associate partner in case of compulsory execution of the associations' assets ; and, the conditions and procedures to grant to an intervening third person a power to influence the litigation between parties in the procedure of the intervention as an independent party.
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