1989 Fiscal Year Final Research Report Summary
Comparative and Positive Research on the Law Reform of Recognition and Enforcement of Foreign Judgments and Awards
| Project/Area Number |
62301064
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| Research Category |
Grant-in-Aid for Co-operative Research (A)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Kobe University |
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Principal Investigator |
NISHI Masaru Kobe Univ. Law Fac. Prof., 法学部, 教授 (70030608)
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| Co-Investigator(Kenkyū-buntansha) |
NOMURA Yoshiaki Osaka Univ. Law Fac. Ass. Prof., 法学部, 助教授 (20144420)
WATANABE Satoshi Osaka Univ. Law Fac. Ass. Prof., 法学部, 助教授 (30032593)
SERITA Kentaro Kobe Univ. Law Fac. Prof., 法学部, 教授 (60031449)
MATSUOKA Hiroshi Osaka Univ. Law Fac. Prof., 法学部, 教授 (30028013)
OHARA Yoshio Kobe Univ. Law Fac. Prof., 法学部, 教授 (60108420)
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| Project Period (FY) |
1987 – 1989
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| Keywords | Reform of the Horei / Applicable law to marriage and filiation / Reform of private international law in West Germany / Article 328 of civil procedure law in West Germany / Uniform Law on the Recognition of Foreign Money Judgments / Restatement 3rd on the Foreign Relations Law / Custody of children / New York Convention of 1958 |
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| Research Abstract |
Even though the reform of the Horei is limited to the applicable law in the field of international marriage and filiation in West Germany small numbers of provisions concerning the matters of international procedure have been reformed in 1986. With respect to the recognition of foreign judgments, the reformed article 328 of civil procedure law has been seriously considered.
The Uniform Recognition of Foreign Money Judgments and the third Restatement on the Foreign Relations Law in the United States has been deeply studied. The Canadian law on the custody of children has been also investigated in detail.
As to the international commercial arbitration the practice"of the United States and Canada after their ratification of the New York Convention of 1958 has been particularly explored.
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