2012 Fiscal Year Final Research Report
Theoretical Reconsideration on party rights in party theory
| Project/Area Number |
22530084
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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 |
Civil law
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| Research Institution | Kumamoto University |
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Principal Investigator |
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| Project Period (FY) |
2010 – 2012
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| Keywords | 当事者総論 / 当事者各論 / 死者名義訴訟 / 法人格否認の法理 / 既判力の相対性原則 / 共同訴訟的補助参加人の手続保障上の地位 / 会社組織関係の訴え |
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| Research Abstract |
By dividing party theory into general statement and particulars,a study on party rights playing a role in the general statement in the organic linkagewith the particulars was conducted. We critically analyzed traditional common beliefsthat while acknowledging the party rights, but only allowed ideological significance inthe grounds theory of res judicata at best. This study revealed that the party rightscould be used as a useful interpretation tool concept in two theories. One is thesubjective scope theory of res judicata associated with party determinisms such as anapplication of the procedural law of the litigation in the name of a dead or the disregardof corporate entity. The other is the multiple parties suit theory, especially thesupporting intervention as coparty theory associated with standing theory such asappropriate party as defendant in a corporate infighting.
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