2013 Fiscal Year Final Research Report
A study of theories of interpretation and legislation concerning the system of joint parental authority from the point of view of the best interests of the child -compared with French law-
| Project/Area Number |
23730100
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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 | Saga University |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Keywords | 親権 / 面会交流 / 養育費 / 訪問権 / 交替居所 / 親権の共同性 / メディエーション / フランス家族法 |
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| Research Abstract |
First, an analysis of law theory concerning the system of the parental authority of French law and an examination of the legislation process were carried out. It became clear by the analysis that the legislations of 1987 and 1993 realized joint parental authority after divorce or separation and made clear parents have a joint responsibility for their children, and that the legislations of 2002 reinforced it by introducing the system of the alternative residence of children into the Civil Code. In addition to these systems, the right of contact operates in the case of sole parental authority exceptionally.
Second, in Japan, the Hague Convention was approved by the National Assembly in 2013 and this Convention became effective from April 1st, 2014. Thus there seems to be a greater need to introduce into the Civil Code joint parental authority after divorce or separation and to amend it in order to enhance the right of contact witch was already introduced into the Civil Code in 2012.
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