| Project/Area Number |
13620005
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
KITAMURA Ichiro The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院法学政治学研究科, 教授 (90009837)
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| Co-Investigator(Kenkyū-buntansha) |
NOMI Yoshihisa The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院法学政治学研究科, 教授 (50009841)
OMURA Atsushi The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院法学政治学研究科, 教授 (30152250)
MORITA Osamu The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院法学政治学研究科, 教授 (40202361)
MORITA Hiroki The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院法学政治学研究科, 教授 (70174430)
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| Project Period (FY) |
2001 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥3,600,000 (Direct Cost: ¥3,600,000)
Fiscal Year 2004: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2003: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2002: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2001: ¥900,000 (Direct Cost: ¥900,000)
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| Keywords | Civil Law / Comparative Law / French Code Civil / Codification / Custom / Institutes (Roman Law) / History of Modern Law / 家族法 / 債権法 |
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| Research Abstract |
Throughout these four years, we analyzed, on the French Code Civil aged 200 and that we consider objectively as a book, backgrounds of its codification, its structure as a book, vicissitudes in its substance during these two hundred years, influences to other countries, especially to Japan who had accepted it as a major codification model. We discussed on the subject with French colleagues at the occasion of international meetings, in particular at the Bicentenary of the Code civil held at March 2004 in Paris.
Regarding backgrounds of formation of the Code civil, we retraced an interesting history of 1) description and systematization of "French law" through a consciousness of "French common custom" arisen in result of redaction of local customs since the middle of 15^<th> c., and 2) tentative of codification of unified law in opposition to the Roman law but by imitating structure of its "Institutes".
As for vicissitudes after the codification, while Family law was completely reformed in the second half of 20^<th> c. and is always going to be reformed recently, Estate law and Obligations law remained in contrast largely in original state of provisions until the Bicentenary, when curiously a massive reforms are now going on, stimulated by a growing European harmonized law.
Publication of our results is made, with collaboration of many of our colleagues, 1) at a mini-symposium on the subject in the joint frame of Japan Society of Comparative Law and the Societe franco-japonaise de Science juridique at June 2004, and finally 2) by realizing a book, titled "Bicentenary of the French Code Civil".
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