2015 Fiscal Year Final Research Report
On the optimal distribution of the roll between court and parties in the non-contentious litigation of the family cases
| Project/Area Number |
25380119
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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 | Waseda University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | 家事審判手続 / 手続保障 / 当事者権 / 職権探知主義 / 手続協力義務 / 事案解明義務 / 手続非公開 / 記録閲覧権 |
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| Outline of Final Research Achievements |
On May 19,2011, the Law on Family Affaires Procedures was enacted and it came into force on January 1,2013. The subjecktivity of parties in the procedure was emphasized in this law.
This research is concerned with the distribution of rolls between the court and the partyside in the procedure. The priciple of official investigation is accepted in the procedure of the family cases. For that reason the meaning of this principle and the relationship with the roll of parties have to be cleared.I tried to make it clear by some theses.
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| Free Research Field |
民事訴訟法
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