2010 Fiscal Year Final Research Report
A study of theories of interpretation and legislation concerning the right of contact from the point of view of the best interests of the child -compared with "le droit de visite"in French law-
| Project/Area Number |
21730086
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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 | Saga University |
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Principal Investigator |
KURIBAYASHI Kayo Saga University, 経済学部, 准教授 (90437806)
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| Project Period (FY) |
2009 – 2010
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| Keywords | 面接交渉・面会交流 / 子の福祉・子の利益 / 離婚・別居 / 監護 / 親権 / 祖父母・孫 / 訪問権・driot de visite / フランス法 |
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| Research Abstract |
At first, An analysis of law theory concerning the right of contact of French law and an examination of the legislation process were carried out. The 1970 legislation of the right of contact was passed in a form which approved the judicial precedent and the doctrine about this right. Therefore, the provisions about the right of contact are suitable for the needs of society, and the range of those subject to this right is wide, such as parents, grandparents, and third parties. In addition, especially, the provision of the right of contact of parents has changed as it functions only when exceptionally it becomes a single parental authority, the joint parental authority system after divorce having been introduced by the amendment of family law in 1987 and 1993.
Then, An analysis of law theory concerning the right of contact of Japan was carried out. As a result, A new law theory concerning the right of contact of Japan was built.
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