2013 Fiscal Year Final Research Report
Research on 'the responsibility of filing an action' in a civil dispute resolution
| Project/Area Number |
23530108
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Yokohama National University (2013)
Kokugakuin University (2011-2012) |
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Principal Investigator |
NISHIKAWA Kayo 横浜国立大学, 国際社会科学研究院, 教授 (00276437)
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| Project Period (FY) |
2011 – 2013
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| Keywords | 民事執行 / 執行文 / 起訴責任 |
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| Research Abstract |
In this research, I focused on civil enforcement process as a part of a civil dispute resolution process and discussed about the concept of the responsibility of filing an action, which justifies a substantive validity of a civil enforcement.
Especially, to start an execution by default clause, it needs a certificate of execution,which is granted only a creditor's petition without any proof of debt default. In contrast, a debtor has to file an action to oppose execution.
From the perspective of the responsibility of filing an action, it has a problem that debtor's responsibility is too much heavy compared to a creditor.
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