2013 Fiscal Year Final Research Report
Environmental damage and Civil Law in French
| Project/Area Number |
23730079
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | Akita University (2013)
Hokkaido University (2011-2012) |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Keywords | 民事法学 / 不法行為 / 環境損害 / 団体訴訟 |
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| Research Abstract |
Today, in Japan, the importance of study concerning the remedy for pure ecological damage, for example, damage to air, water, flora and fauna, species, and biodiversity, etc., is recognized both in civil law and in environmental law. In comparison, French law was mainly analysed in this research because, in France, a system of environmental collective action which is provided in the environmental code is often used for the reparation for environmental damage, judges gradually came to be favourable to compensation for such damage, and the academic discussion on this subject is animated. This comparison of French law and Japanese law shows that, in Japan, a new legal framework for the remedy for pure ecological damage is required. Especially, in order to resolve problems concerning the remedy for pure ecological damage, it is necessary to legislate for a new procedural system such as environmental collective action.
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