2013 Fiscal Year Final Research Report

Research on the Private International Law in East Asia: Recent Developments and Possibility of Harmonization

Research Project

Project/Area Number	23730048
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Multi-year Fund
Research Field	International law
Research Institution	Tezukayama University
Principal Investigator	HUANG RENTING 帝塚山大学, 法学部, 准教授 (50372636)
Project Period (FY)	2011 – 2013
Keywords	国際私法 / 国際民事訴訟法 / 東アジア / 調和 / 中国法
Research Abstract	This research project aims to reveal by means of comparative law analysis the similarities and differences in the Private International Laws among East Asia countries where dramatic changes in the legislation have occurred in recent years. Also the research project proposes to explore the possibility of harmonization in the law. As the results of the research, a survey on the Private International Law of China and commentaries on its general provisions, property and family law have been made. Nonetheless, the possibility of harmonization in dealing with international family matters has been discussed after a comparative law analysis on rules of choice of law, substantive law and International Procedure Law among Japan, China and Korea, where a specific plan including the equalization of divorce jurisdiction and the relaxation of reciprocity requirement is proposed.