2011 Fiscal Year Final Research Report
Limits of the Regulation of Situations created abroad from the point of view of the Forum's Conflict of Law
| Project/Area Number |
21530046
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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 |
International law
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| Research Institution | Kyoto University |
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Principal Investigator |
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| Project Period (FY) |
2009 – 2011
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| Keywords | EU法 / ブリュッセルI規則 / 国際裁判管轄 / 外国判決の承認 / 相互承認原則 / 欧州人権条約 / EU市民権 / 一方主義 |
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| Research Abstract |
The study of the impact on the Japanese private international law of the recent developments in Europe, such as the developments on the methodology of"recognition", revealed the characteristics of the Japanese system of private international law. There are certain limits when international legal relationships are governed by the conflict of laws of the forum. Exceptionally, the"recognition"in the forum of a legal relationship that was legally constituted under a foreign country's laws can be invoked on the ground of the protection of the fundamental human rights.
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Research Products
(10 results)
