2014 Fiscal Year Final Research Report
Dismissal of Action without Prejudice due to Special Circumstances
| Project/Area Number |
24530102
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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 | Keio University (2013-2014)
Meiji University (2012) |
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Principal Investigator |
HAGA MASAAKI 慶應義塾大学, 法務研究科, 教授 (30287875)
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 国際裁判管轄 / 特段の事情 |
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| Outline of Final Research Achievements |
The provisions on international jurisdiction were newly introduced in accordance with the enactment of the Amendment Act for Civil Procedure 2011 in Japan. Article 3-9 therein sets forth that international jurisdiction will be denied if there are special circumstances, even if all the requirements for Japanese international jurisdiction are satisfied. This study aims to examine the meaning of "special circumstances" which function as the element for denial of Japanese jurisdiction in the light of comparative law.
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| Free Research Field |
民事手続法
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