2016 Fiscal Year Final Research Report
Comprehensive study on the limitations in applications of statutes of limitations and periods of exclusion
| Project/Area Number |
24530077
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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 | Hokkai-Gakuen University (2015-2016)
Hokkaido University (2012-2014) |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2017-03-31
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| Keywords | 時効 / 除斥期間 / 信義則 / 権利濫用 / 時効の援用 / 取得時効 / 消滅時効 |
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| Outline of Final Research Achievements |
Judicial precedents involving statutes of limitations and periods of exclusion were collected and analyzed in a comprehensive manner. Factors were deduced and organized from cases in which the invocation of statutes of limitations and the application of period of exclusion provisions were recognized as not corresponding to violations of the fair and equitable principle or an abuse of rights. In doing so, the types of cases involving statutes of limitations were broadly classified into those involving limitations on their application due to circumstances following the lapse of the statute of limitations and limitations on their application due to circumstances prior to the lapse of the statute of limitations. The analysis was performed by keeping in mind whether or not there were special factors corresponding to these two differences.
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| Free Research Field |
民事法学
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