Another Globalization and Task of Civl Law Study: Toward a Control of Normative Space

2016 Fiscal Year Final Research Report

• Project/Area Number: 26590010
• Research Category: Grant-in-Aid for Challenging Exploratory Research
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: Keio University
• Principal Investigator: Kanayama Naoki 慶應義塾大学, 法務研究科(三田), 教授 (90211169)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: グローバル法 / 民法 / 規範空間 / 比較法

Outline of Final Research Achievements

Laws regulating each country are getting readily available to the extent that as a result of the progress of informatization, it is not comparable with the previous one. As a result, the day-to-day phenomenon of forum shopping has occurred. What is being created there is a "normative space" created by law practitioners to serve the capital. There is a danger that the rules on the civil law of each country will be neglected, including rules on public order and morality (eg prohibition of surrogacy mother contract). In order to cope with such a situation, the idea of international public order is gradually being approved, and various civil law concepts are also in investment arbitration. In the normative space, the generality of the civil law as a device plays a part in its control.

Free Research Field

民法