| Budget Amount *help |
¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2003: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2002: ¥500,000 (Direct Cost: ¥500,000)
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| Research Abstract |
1.In order to highlight the recent trend of international insolvency law, this study explains the content of German draft of international insolvency law in detail. It concludes that only provisions in the EU insolvency regulation peculiar to the EU have no equivalents in German draft. On the other respects, German draft will apply EU-like provisions even to the third countries. It is remarkable that German draft has detailed conflict-of-lows provisions, which are suggestive to us. Furthermore, I try to throw light upon preservative measures of new Japanese international insolvency law for assistance of foreign insolvency proceedings.
2.In the field of comparative civil procedural law and basic theory of comparative law in general, I first analyze critically the theory of Professor Sturner on special features of comparative procedural law in my basic article "A Cicerone to Comparative Civil Procedural Low". This is the first monumental and broad outlive of comparative civil procedue. Second, I analyze basic theoretical development of academic works of Professor Naojiro Sugiyama, the internationally famous pioneer of Japanese comparative low. His theory, which was reflected in his main artictes "On the object of Comparative Law", "Peace and Comparative Law", grew into the universal comparative law, He studied the historical-theoretical foundation of comparative law on a full scale. Professor Sugiyama has been referred sporadically so far. I reevaluate his original theory of comparative law.
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