2009 Fiscal Year Final Research Report
Dynamism of legal relations and roman-law actions in medieval learned law : a basic analysis for rediscovering modern law.
Project/Area Number |
20730001
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Research Category |
Grant-in-Aid for Young Scientists (B)
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Allocation Type | Single-year Grants |
Research Field |
Fundamental law
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Research Institution | Hokkaido University |
Principal Investigator |
MIZUNO Koji Hokkaido University, 大学院・法学研究科, 准教授 (80399782)
|
Project Period (FY) |
2008 – 2009
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Keywords | 中世 / ローマ法 / 権利 / 訴権 / 訴訟 / ヨーロッパ / 裁判官 / 当事者 |
Research Abstract |
In medieval learned law of Europe, the claim of the plaintiff was recognized through the action, which he raised to solve the conflict. As the action was selected, the communication and bargaining with the defendant and the judge as well as the intention of the plaintiff himself played a great part. We can call this a dynamic legal system, based on the various relations among the actors. This research tried to make clear one of the theoretical bases of an alternative to modern law system.
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Research Products
(5 results)