Realization of Creditors' Rights in International Civil Litigation

Research Project

Project/Area Number	14520044
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	Tohoku University
Principal Investigator	KAISE Yukio Tohoku University, Faculty of Law, Professor, 大学院・法学研究科, 教授 (90169376)
Project Period (FY)	2002 – 2003
Project Status	Completed (Fiscal Year 2003)
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)
Keywords	international insolvency law / comparative law / European Union / international civil procedure / foreign insolvency proceeding / preservative measures / Naojiro Sugiyama / Universal comparative law / ヨーロッパ連合(EU) / ドイツ国際倒産法 / 外国倒産処理手続承認援助法 / 比較訴訟法 / EU倒産規則 / ドイツ倒産法改正 / 金融機関の倒産 / 倒産国際私法 / 外国倒産承認援助法
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.