| Budget Amount *help |
¥3,670,000 (Direct Cost: ¥3,400,000、Indirect Cost: ¥270,000)
Fiscal Year 2007: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2006: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2005: ¥1,500,000 (Direct Cost: ¥1,500,000)
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| Research Abstract |
The objectives of this research are to analyze the functions of prescription, whether these functions have any influence on the interpretation of various issues pertaining to prescription, and should there be any influence then to examine the specific aspects of such. The functions of prescription include: (1) function to release the securing of evidence;(2) function to release obligation; (3) function to promote the right to action; (4) function to decrease the burden of the court; (5) function to deter lawsuit; (6) function to speed up the decision by the court. The relationship between functions 2 and 3 is interlinked or two sides of the coin, and functions 5, 6, and 4 are the specific contents of the above. For example, from the perspective of function 2 it is preferable that the point of commencement for extinctive prescription remain objective, however, from the perspective of function 3 it is preferable that the commencement remain subjective and starts at the point in which the
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creditor recognizes the existence of his/her credit. Such issue leads to the grounds for the possibility of right to action in terms interpreting prescription. Moreover, when we look at this issue from the point of legislation, it is possible to establish multiple periods from the subjective and objective points of commencement. In addition, in terms of the length of the period of extinctive prescription, it is beneficial that the length remain short when we see it in light of function 1, however, in a case where function 2 is strong this can be in turn disadvantageous to the right holder. Therefore, in order to maintain effective and preferable functions of the institution of prescription, it is important to link the interpretation and individual institutions such as period of commencement of prescription, period of prescription, interruption of prescription, suspension of prescription, quoting of prescription, and agreement and prescription. Furthermore, such issues also relate to the distribution of burden of proof (onus probandi) for the conditions for the period of prescription and to complete prescription. These issues also have an impact on legislation, therefore, it is necessary to conduct a comprehensive research in terms of the analytical framework based on the aforementioned individual functions and their interpretations as well as from the perspective of comparative law in present day Japan where civil law is currently under revision. The aim of this proposed research is to construct and develop the foundation and basis for such. Comprehensive study. Less
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