1987 Fiscal Year Final Research Report Summary

Interdisciplinary Study on Law of Evidence in International Civil Litigation

Research Project

Project/Area Number	60450065
Research Category	Grant-in-Aid for General Scientific Research (B)
Allocation Type	Single-year Grants
Research Field	Civil law
Research Institution	Hokkaido University.
Principal Investigator	FUKUNAGA Aritoshi Hokkaido University Fac,of Law, 法学部, 教授 (80067595)
Co-Investigator(Kenkyū-buntansha)	SAKURADA Yoshiaki Kyoto University Fac,of Law, 法学部, 教授 (10109407)
Project Period (FY)	1985 – 1987
Keywords	Evidence in International Civil Litigation / Mode of Proof / Law of Internationl Civil Procedure / Princiole of the Application of the lex fori in procesural matters / Discovery / 外国法の証明
Research Abstract	The law of evidence involved in international civil litigations is not yet fully developed. The is mostly due to the existence of the trafitional principle of the application of the lex fori in Procedural matters. After the thorough examination the raison d'etre of this principle, which was carried out on the basis of the comparative law method and by some interviews with international lawyers at Tokyo and Osaka, we especially endeavoured to find the possibility of the conflict of laws in this field. Our study on the selected particular topics, such as modes of proof (esp. sec.4 of Statute of Frauds or srt.1341 of the French Civil Code), whtness et cetera, showed the possible system of the law of evidence in this field, which is as well theoretically as practically of great importance.