| Project/Area Number |
16530049
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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 | Tohoku University |
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Principal Investigator |
KAISE Yukio Tohoku University, Graduate School of law, Professor, 大学院・法学研究科, 教授 (90169376)
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| Project Period (FY) |
2004 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥1,200,000 (Direct Cost: ¥1,200,000)
Fiscal Year 2005: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2004: ¥600,000 (Direct Cost: ¥600,000)
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| Keywords | European civil procedure / Rolf Sturner / reception of law / comparative law / protection of rights / harmonization / UNIDROIT / Transnational Principles of civil procedure / 渉外民事訴訟原則 / EU / 訴訟構造 / 継受 / 比較民事訴訟法 |
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| Research Abstract |
The main purpose of this research is the analysis of Professor R.Sturner's view of European civil procedure. His great achievement aims at making clear the basis of integrating power through analysing history and structure of European civil procedural law. First, Sturner describes history of reception of civil procedural law and legal theory on the world-wide scale and establisches a solid basis of universality of procedural culture. Second, on the basis of this universality, he explores the ideal figure of the study of European civil procedure and points out that equality of protection of rights in main institutions is the most important subject of this area. Third, he concludes that harmonization of procedural law is hopeful and provides theoretical basis for a work by UNIDROIT. According to his opinion, it is the mission of procedural law scholars to discover the guiding principles of European common procedural law. Fourth, Prof.Sturner begins his study of European civil procedure in comparison with American civil procedural law. Taking into account the transnational Rules of civil procedure made by ABA and UNIDROIT, he proposes overall framework for comparative civil justice and published the book under the title of "German Civil Justice" in English.
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