2009 Fiscal Year Final Research Report

A study of judicial settlement of inter-organ conflict in an administrative subject

Research Project

Project/Area Number	19730028
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	Public law
Research Institution	Tokyo Metropolitan University
Principal Investigator	KADOWAKI Yutaka Tokyo Metropolitan University, 社会科学研究科, 准教授 (50438115)
Project Period (FY)	2007 – 2009
Keywords	国法学 / 国家法人説 / 有機体 / 機関人格 / 機関訴訟 / ギールケ / イェリネック
Research Abstract	This study has clarified the significance of the state-person theory and that of the organ-person theory in the history of German state-law doctrine. And it has also clarified the implications which those theories have given to the theory of inter-organ suits. The state-person theory, based on the relative-person theory that is one form of the organ-person theory, did not intend to exclude inter-organ suits, and that theory is opened to the affirmation of organ-person and inter-organ suits.