preventing conflicts partition and preevention of conflicts
Grant-in-Aid for Scientific Research (C)
|Allocation Type||Single-year Grants|
|Research Institution||Osaka University|
MASTUKAWA Tadaki Osaka University, Law School, Professor, 高等司法研究科, 教授 (80190429)
|Project Period (FY)
2002 – 2005
Completed(Fiscal Year 2005)
|Budget Amount *help
¥3,500,000 (Direct Cost : ¥3,500,000)
Fiscal Year 2005 : ¥500,000 (Direct Cost : ¥500,000)
Fiscal Year 2004 : ¥700,000 (Direct Cost : ¥700,000)
Fiscal Year 2003 : ¥1,400,000 (Direct Cost : ¥1,400,000)
Fiscal Year 2002 : ¥900,000 (Direct Cost : ¥900,000)
|Keywords||Partition / Succession / Notaires / French Law / Representation / Intestate Succession / Conciliation / 紛争予防 / 相続法 / 遺産の管理 / 紛争の予防 / フランスの公証人|
It was concluded that in French law succession has traditionally been settled by notaires, who carry out an important role in preventing conflicts.
Regarding partition of estates, all the heirs assemble at a notaire's office, and sometimes even the deceased's creditors and the heirs' creditors are present as well. In this way, all the parties involved with the estate meet to decide on the proposal for partition, which will be made under the guidance of a notaire.
On this occasion, it must be noted that the notaires' guide is the civil code. There is a belief that following the civil code it is possible to realize justice. The proposal for partition is made based on the civil code, considering especially the cases of collation and abatement of dispositions which exceed the disposable portion, as well as problems such as the way of determining the heirs, inheritance range and estate administration. It is said that this kind of partition has almost the same content of a judicial partition.
The procedure for partition of an estate finishes when all the heirs agree with the proposal made by the notaire. The degree of belief in the civil code and the notaires' positive participation in partition proceedings are significant differences between Japanese and French law that have became clear. It can be said that the reason why notaires carry out a role in preventing conflict is explained by their position or participation, because different from the lawyers, who defend the interest of one of the parties, they are committed to realizing justice among all the concerned parties.
French civil code has a system of partition that permits to realize justice, what is very helpful. The most important element of the preventing conflict function is present in the civil code. In that sense, it is important to enhance the provisions regarding intestate succession in Japanese law. For this purpose, an analysis of the system of representation has been carried out.
In the point of preventing conflicts, it was concluded that partition of estates is a legal problem that has a meaning which can be developed by legal experts. Less
Research Products (10results)