2014 Fiscal Year Final Research Report
Theory for the Return Proceedings of International Child Abduction
| Project/Area Number |
24653011
|
|---|
| Research Category |
Grant-in-Aid for Challenging Exploratory Research
|
| Allocation Type | Multi-year Fund |
|---|
| Research Field |
International law
|
|---|
| Research Institution | University of Tsukuba |
|---|
Principal Investigator |
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
ANZAI Akiko 上智大学, 法学部, 教授 (40278247)
|
|---|
| Project Period (FY) |
2012-04-01 – 2015-03-31
|
| Keywords | 子の奪取 / 子の返還 / 代替執行 / 間接強制 / 子の利益 / ハーグ子奪取条約 / 子の引渡し / 執行官 |
|---|
| Outline of Final Research Achievements |
In May 2013, both the Convention on the Civil Aspect of International Child Abduction and the Act for Implementation of the Convention were approved by the Diet, and they entered into force in April 2014. The Act has spelled out the compulsory execution method for the return for an abducted child. Although only few cases will be subject of the Act, the basic theory and idea of the procedure will be common for the domestic case.
Therefore, in this research, we discussed how the procedure in the Act will affect the domestic cases and be useful to solve several problems which have been pointed out for a long time. In the end, we tried to present a certain guideline as well as versatile theory for the domestic custody disputes, especially for the compulsory execution for handover of the child.
|
| Free Research Field |
国際民事訴訟法
|
