2014 Fiscal Year Final Research Report
The protection of the individual's fundamental rights and prescription system
| Project/Area Number |
24653020
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| Research Category |
Grant-in-Aid for Challenging Exploratory Research
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | University of Toyama |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 民法 / 時効 / 基本権 |
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| Outline of Final Research Achievements |
This research project considers European argument about the constitutionality of prescription system. Specially, I examined the amendment to prescription in Belgium and the cases of European Court of Human Rights that judge whether or not prescription had been a violation of the European Convention on Human Rights.
I showed that (1) the relation between the extinction prescription of "action civile" and Constitution was made a problem in Belgium, and the period of the extinction prescription was reformed, (2) To judge a presence of an invasion of a property right by prescription, European Court of Human Rights checked legitimate aim of prescription, and examined whether there was a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights. In the judgment of fair balance, an existence of a procedural protection to the person who loses a right by prescription is emphasized.
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| Free Research Field |
民法
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