| Project/Area Number |
15530059
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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 |
Civil law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
TAKAHASHI Hiroshi The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (40009832)
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| Project Period (FY) |
2003 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 2004: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 2003: ¥700,000 (Direct Cost: ¥700,000)
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| Keywords | Family-case-procedure / Old law of family-case-procedure / Family-courts / civil procedure / family law / Law of decrees of family-cases |
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| Research Abstract |
I succeeded to get basic ideas of the New Law of Family-case-procedure. I wrote an essay on Katei-Saiban-Geppou in 2004.
The mixture of Judgment-matters and decree-matters is very interesting. Contorary to German Law, Japan adopts the mixture model from the viewpoints of practice. But we could have another way from the viewpoints of theory. Big issue was not open courts on Family-cases. Not open courts shoud be supported, but governments reasoning was not supoorted. That reasoning was so uniqe. The most fundamental point was whether the "Public Interest" of Family-case-procedure could be justified or not The question will remain controversial.
I succeeded to establish some theories concerning some articles of the New Law. First, I thought of evidences on Family-case-procedure. Courts can invetigate on their own initiatives, but it shoud not be over-estimated. Executors of testamnets should be parties on procedures, but the case-law was unfotunately not finding those ways. Suits for dissolution of adoption could be brought eventhough the adoption itself was unvalid. But case-law cannot have good reasoing.
I will continue the research and wish to write a textbook on family-case-procedure some day.
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