Study of International Civil Procedure in European Union

2005 Fiscal Year Final Research Report Summary

• Project/Area Number: 16530049
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Civil law
• Research Institution: Tohoku University
• Principal Investigator: KAISE Yukio Tohoku University, Graduate School of law, Professor, 大学院・法学研究科, 教授 (90169376)
• Project Period (FY): 2004 – 2005
• Keywords: European civil procedure / Rolf Sturner / reception of law / comparative law / protection of rights / harmonization / UNIDROIT / Transnational Principles of civil procedure

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.