2011 Fiscal Year Final Research Report
Contemporary Functions of Compromise in Court and Its Legal Regulation
| Project/Area Number |
21730073
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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 | The University of Tokyo |
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Principal Investigator |
KAKIUCHI Shusuke 東京大学, 大学院・法学政治学研究科, 准教授 (10282534)
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| Project Period (FY) |
2009 – 2011
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| Keywords | 民事訴訟法 / 訴訟上の和解 / 裁判外の和解 / ADR |
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| Research Abstract |
Through a comparative study mainly on German and French law concerning settlement in-and outside the court and focusing particularly on the significance of parties intention and the role of judges in the context of the discussion regarding the legal nature and effects of settlement in court, this research extracted certain theoretical viewpoints for the future practice and legislation on the settlement.
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