2011 Fiscal Year Final Research Report
The Comprehensive Research on the Legislative Aspect of the Law of Prescription.
| Project/Area Number |
20530064
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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 | Hokkaido University |
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Principal Investigator |
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| Project Period (FY) |
2008 – 2011
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| Keywords | 時効 / 取得時効 / 消滅時効 / 除斥期間 / 時効期間 / 時効の援用 / 時効の中断 / 時 |
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| Research Abstract |
This innovative research construed the model law of prescription which is based on the comprehensive research on recent global trends and characteristics of prescription law. The subject of this research takes into consideration the prescription law under the newly revised civil law in England, Quebec, Netherlands, Germany, and France as well as the model law of PECL(Principles of European Contract Law), PICC(Principles of International Commercial Contracts)and others. This research investigated the following four points : (1) the commencement and period of extinctive prescription ;(2) suspension and interruption of prescription ;(3) agreement on extinctive prescription ; and (4) the effect of extinctive prescription. The model law and this research provides crucial and valuable materials and also contributes to the process of the revision of the civil law that is currently being carried out in Japan.
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