The change of parties and the distribution of burdens on each party in civil procedure

2014 Fiscal Year Final Research Report

• Project/Area Number: 24530093
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: Kyushu University
• Principal Investigator: UEDA Takeshi 九州大学, 法学(政治学)研究科(研究院), 准教授 (80452803)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: 任意的当事者変更 / 当事者変動

Outline of Final Research Achievements

This study analyzed the system of exchange of party (especially defendant) in the civil procedural system and the distribution of the burdens on each party mainly in the "not legislated voluntary party exchange ("Der nicht geregelte gewillkuerte Parteiwechsel" in German civil procedural system) ".
As a result, This study theorized the balancing of interests behind precedents about the exchange of party and clarified the meaning and significance that the system has for the parties concerned. According to that, the system of exchange of party should be introduced in order to alleviate the burden on plaintiff about identifying parties (especially defendant) and plaintiff can identify parties by the end of trial under the system.

Free Research Field

民事訴訟法