2013 Fiscal Year Final Research Report
Establishment of the 'Commercial Court' in the late 19th century England: its genesis and impact on English commercial law
| Project/Area Number |
22730011
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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 |
Fundamental law
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| Research Institution | Kobe Gakuin University |
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Principal Investigator |
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| Project Period (FY) |
2010-04-01 – 2014-03-31
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| Keywords | イングランド法 / 判例法 / 商事法廷 / 裁判所 / 契約法 / 契約の解釈 |
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| Research Abstract |
How can courts resolve more commercial disputes with more rapidity, certainty and efficiency? Any court did, does and will always ask for answers for the question. If a judge deals with commericial disputes at his court, he should have expertise not only in commercial law, but also in the reality of commercial transactions. He should steer proceedings with his initiative for the benefit of the parties who, as commercial people, are sensitive to wasted money and time. In the 19th century, English courts failed to catch up with changing commercial reality. The Judicature Acts 1873 & 1875 drastically changed English legal system, but achieved little for more effective commercial dispute resolution. My research project aimed to deal with Justice Mathew's practical initiative to establish 'commercial court' at the Queen's Bench Division, where 'commercial causes' were tried with summary proceedings. It also aimed to explore the impact of its rulings and practices on English commercial law.
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