2016 Fiscal Year Final Research Report
Inequality between Parties and Treatment of Children in Divorce Cases~Focusing on Problem of DV cases
| Project/Area Number |
24730077
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Multi-year Fund |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Gifu University |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2012-04-01 – 2017-03-31
|
| Keywords | 夫婦の非対称性 / ドメスティック・バイオレンス / 離婚後の子の処遇 |
|---|
| Outline of Final Research Achievements |
Japan possesses a unique legal culture in which divorce by agreement largely accounts for the bulk of divorces. In this context, cases brought to a court can be understood as those in which the help of the family court is required. The reason is that in the event of highly acrimonious cases and inequalities between parties, divorce by agreement cannot be reached in a fair manner, which means that a relatively weaker party is not in a position to effectively negotiate any agreement. Acknowledging the abovementioned information, it is clear that a conflict over children’s treatment post-divorce must be examined. With regard to an imbalanced nature of the relationship between parties, social support for a relatively weaker party in divorce procedures is currently insufficient.
|
| Free Research Field |
家族法
|
