2010 Fiscal Year Final Research Report

The comparative study on action for declaratory judgment (Feststellungsklage) between Japan and Germany

Research Project

Project/Area Number	20530019
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Public law
Research Institution	Okayama University
Principal Investigator	KOYAMA Masayoshi Okayama University, 大学院・社会文化科学研究科, 教授 (00144907)
Project Period (FY)	2008 – 2010
Keywords	一般的確認訴訟 / 確認対象 / 法律関係 / 確認の利益 / 行政事件訴訟法 / ドイツ行政裁判所法
Research Abstract	I studied the judicial precedents of the Federal Administrative Court and the theory on general action for declaratory judgment in Article 43 (1) of Administrative Court Act in Germany in order to make good use of action for declaratory judgment prescribed in Article 4 of Administrative Case Litigation Act in Japan. As a result I can tell that the object of action for declaratory judgment is limited to confirming the existence or not of legal relationship in Germany and this is different from the theory in Japan, for the illegality of individual actions by administrative organ is able to be confirmed with action for declaratory judgment in Japan. However the concept of legal relationship is grasped widely in Germany and therefore the object of this action is wide-spreading, and general action for future performance can partially take the place of the function of action for declaratory judgment further.