2013 Fiscal Year Final Research Report

Fundamental study of a party-concerned drawing-in system

Research Project

Project/Area Number	22530087
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	Senshu University
Principal Investigator	SANO Hiroyuki 専修大学, 法務研究科, 教授 (10145451)
Project Period (FY)	2010-04-01 – 2014-03-31
Keywords	訴訟参加 / 強制参加 / 当事者引き込み / 呼出し / 訴訟告知 / 補助参加 / 参加的効力 / 共同訴訟的補助参加
Research Abstract	When this seller's defense duty came to be denied that "Adicitation" which existed in the Germanic peoples method is based on the defense duty to a seller's buyer, and after that, "Adicitation" came to disappear gradually. By the laws of France, the idea of this seller's defense duty is maintained, and a compulsive participating system is accepted there in the country. That is, it has checked that denial of "Adicitation" had been not the problem of a code of legal procedure but a problem of the substantive law. The system which wins over the third party besides a lawsuit by the laws of U.S. to a lawsuit, in order to be able to check that even the third party in connection with dispute from which the range which the effect Res judicata of judgment extends to was the target of the lawsuit is contained, and being related closely and to understand an intervenient participation system -- a lawsuit -- the foundation became clear [ a political viewpoint ].