System of the terms of settlement the court or the like is set View Homepage


Ontology type: schema:MonetaryGrant     


Grant Info

YEARS

2002-2004

FUNDING AMOUNT

1200000 JPY

ABSTRACT

A study was conducted at the center of the study of the discussion in the German Code of Civil Procedure. For the law is enforced is the revised law from 1 January 2002, the provisions related to the settlement have also been significantly revised. This year's study, was that to accurately grasp the development of the theory and practice about the new rules and the main purpose. In order to achieve its purpose, this year, was carried out field survey went to Germany. More specifically, first, Regensburg, Passau, in Hamburg, was discussed at the center, including the professor of the study period and the professor of each university, the interpretation theory of the new rules, as well as reconciliation with characteristic withdrawal rights reserved Germany. Along with the settlement, for the recent progress is remarkable Germany of alternative dispute resolution system, I spoke about the situation of the theory surrounding the allowance from both legislative-interpretation. In addition, Regensburg, Passau, Hamburg, in Munich, interviewed judges and lawyers, was heard usage of the settlement system in practice, to talk about the nature of the operation of the new rules. In particular, in Munich, witness to the trial, as well as the settlement site, by the discussion of the responsible judge and the inquiry of the case record of the relationship incident, to investigate the circumstances of the settlement in the field of justice. For even usage of alternative dispute resolution system, mainly in Bavaria of the situation that has advanced the institutional allowance, it was to gather information from practitioners, such as notary. Through these operations, actual condition of withdrawal rights reserved with the settlement, the current state of operation in progress and justice site of interpretation theory over the new system related to the settlement, and more about the alternative dispute resolution system of Germany, the information over both the theory and practical It could be obtained. In addition, in local, can also obtain the latest version of each document and literature, it helped a great deal in research. In addition to that carried out in parallel study of Japan's system, and summarizes the research results, it was published as a book. More... »

URL

https://kaken.nii.ac.jp/grant/KAKENHI-PROJECT-02J10102

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