2010 Fiscal Year Final Research Report
The party right to define the object of the trial in comparison to the statement of the parties which is disadvantageous to themselves.
| Project/Area Number |
20730064
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Kobe University |
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Principal Investigator |
HATTA Takuya Kobe University, 大学院・法学研究科, 准教授 (40272413)
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| Project Period (FY) |
2008 – 2010
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| Keywords | 訴訟物 / 主張責任 / 処分権主義 / 弁論主義 |
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| Research Abstract |
The party right to define the object of the civil procedure consists of two levels: that of conclusion and that of the materials. The disposition principle, which gives the right to define the object of the civil procedure basically to the plaintiff, can only justify the dominance of right to define the object of procedure by the plaintiff only on the level of the conclusion, when we base ourselves on the understanding of claim as the plaintiff's material right or the plaintiff's position to receive the delivery.
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