Issues Of International Private Law On Adult's Production

2014 Fiscal Year Final Research Report

• Project/Area Number: 24530054
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: International law
• Research Institution: Konan University
• Principal Investigator: KIM Moonsook 甲南大学, 法学部, 教授 (30368469)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: 国際私法 / 成年後見 / 非訟事件 / 家事事件 / 国際裁判管轄 / 準拠法 / 成年者保護 / 国際的な保護

Outline of Final Research Achievements

A Study focused as below. In an aspect of international jurisdiction, a jurisdiction where there adult’s property is located shall be permitted to some extent in addition to Art. 5 on Act on General Rules for Application of Laws which provides jurisdiction based on domicile or residence in Japan and Japanese nationality, The jurisdiction on legal guardianship can be applied analogy in voluntary guardianship. It can be approved in foreign non-contentious case using Act on Voluntary Guardianship Contract on condition that also can be used for registration of Act on Voluntary Guardianship Contract, and that public announcement system is not necessarily important.
Art.118 of Civil Procedure Law can be applied analogy to the non-contentious matters such as foreign adult protection.

Free Research Field

国際私法