A study on res judicata extended to the successor of the litigated object after the conclusion of oral argument

2015 Fiscal Year Final Research Report

• Project/Area Number: 25380096
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: The University of Tokyo
• Principal Investigator: HISHIDA Yukyo 東京大学, 法学(政治学)研究科(研究院), 教授 (90292812)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 民事訴訟法 / 既判力

Outline of Final Research Achievements

In this study, I tried to reconsider the expansion of res judicata to the successor of the litigated object from the viewpoint of comparative law since the previous studies were not sufficient especially to explain how the res judicata works on the successor. In the result, inspired by the German Law which considers a litigant who gives the litigated object to third party during the litigation as a Prozessstandschaft (means that the one who is not the subject of the litigated legal relationship becomes the party of the litigation) of the successor, I have obtained a hypothesis that we can consider the predecessor as a Prozessstandschaft of the successor who will show up after the conclusion of oral argument.

Free Research Field

民事訴訟法