2007 Fiscal Year Final Research Report Summary
The Attorney Fee in Civil Cases and the Insurance Policy
| Project/Area Number |
17530069
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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 | Tokyo Metropolitan University |
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Principal Investigator |
WAGATSUMA Manabu Tokyo Metropolitan University, Faculty of Law, Professor (30211668)
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| Project Period (FY) |
2005 – 2007
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| Keywords | Civil Law / Attorney's fee / Insurance / Civil Case / Legal Aide |
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| Research Abstract |
The court fee should be paid by the loser in Japan. But the attorney's fee is not included. Therefore the each party, should pay his or her attorney's fee. In Japan the litigation in person is allowed, therefore the attorney's fee is not admitted the necessary expenses. The attorney's fee of the tort eases is admitted the necessary expenses.
One of the purpose of project is to collect the dater of the traffic accident cases to research the proportion of damages which the court ordered to pay for the winning party. The Court ordered the loser to pay the ten per cent of damages for the attorney's fee.
The number of attorney has been increased recently in Japan, therefore the relationship between client and attorney has been changed dramatically. Therefore the attorney 's fee and the insurance policy will also be changed. The project will be continued to research the influence of these changes.
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