2005 Fiscal Year Final Research Report Summary
A Study of the multi-litigation in the Japanese civil procedure - Real party in the interest, joinder of parties, res judicata and due process of law -
| Project/Area Number |
14520061
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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 | Kagoshima University |
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Principal Investigator |
SANO Hiroyuki Kagoshima University, Law School, Professor, 大学院・司法政策研究科, 教授 (10145451)
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| Project Period (FY) |
2002 – 2005
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| Keywords | Multiparty litigation / Real party in the interest / Joinder of parties / Due process of law / Res judicata / Necessary party / Indispensable party / Intervention |
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| Research Abstract |
The Japanese civil procedure hats so many types of multiparty-litigation. For example, there are necessary party (hituyoteki-kyodososho) and indispensable party (koyu-hituyoteki-kyodososyo) in the joinder of parties (kyodososho, §§38〜42 in the rules of Japanese civil procedure), and in the in tervention there are hojosanka (and kyoudososhoteki-hojosanka, §§42〜46), dokuritu-tojisha-sanka (§§47〜50, like as Interpleader and Impleader), kyodo-sosho-sanka (§52) and sosho-kokuchi (§53 like as compulsory joinder).
This research deals with these institutions especially between to the actual, dispute. We are accustomed to use the Japanese civil multiparty system in the view of two-parties-dispute-resolution, so that the function of Multi-litigation-System is width-fully reduced, especially in the Japanese judicial cases. In this article, I have drawled the conclusion from the research for several judicial cases, that multiparty litigation system hat to be used not by analog, with two-parties-system, but in the relationship to the real dispute.
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Research Products
(8 results)
