2006 Fiscal Year Final Research Report Summary
Study on Trial System of Law of Family Court Procedure
| Project/Area Number |
16530066
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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 | Ritsumeikan University |
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Principal Investigator |
SAGAMI Yoshikazu Ritsumeikan University, School of Law, Professor, 大学院法務研究科, 教授 (50081162)
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| Project Period (FY) |
2004 – 2006
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| Keywords | Family Court / Intervention / Kokoku-Appeal / 不服申立て / ドイツ非訟法 |
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| Research Abstract |
The most foundamental leagal concept, such as party, intervention, are not decided in the Law of Procedure of Family Court.
Whether the judge can apply the provision of the Law of Civilprocedure to clear the concepts is a controversy among scholars and judgment for long time.
In this study I tried to clear the concepts of the intervention. Intervener is not a party to the principal matter, but seeks to become a party. To distinguish between party and intervener is not easy in the procedure of Family Court. Because in this procedure take part many person interested and that interest are complicated. As a result to apply the provision of the Law of Civilprocedure shall be denied.
When, who and to which judgment can be appealed (Kokoku-Appeal)?
Rule of the Supreme Court regulate this problems but raised controversy. An important question is that the rule of the Supreme Court clear no standard of permissibility of Kokoku-appeals. In this study I suggest that the Art. 20 of the Hisho Jiken Tetsuduki Ho( Gesetz ueber die Angelegenheiten der Freiwilligen Gerichtsbarkeit) as criteria in deciding the permissibility of Kokoku-Appeals in Procedure of Family Court.
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[Book] 家事審判法2007
Author(s)
佐上 善和
Total Pages
505
Publisher
信山社
Description
「研究成果報告書概要(和文)」より
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