Grant amount： \4420000 （ Direct Cost: \3400000 、 Indirect Cost： \1020000 ）

This research project achieved the following four results. First, we provided new understanding and reform proposals for improvement on multi-party litigation rules of Japanese Civil Procedure Second, we analyzed the influences of the recent Japanese Civil Code reform on the interpretation of multi-party litigation rules and showed some critical issues which may arise under the new Code. Third, based on research concerning the effects of judgments to non-parties including child recovery orders and judicial decisions in non-contentious cases, we made some significant recommendations for the application of the laws. Fourth, we surveyed several issues on the Collective Redress Procedure for Property Damage Incurred by Consumers and made suggestions.

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Grant amount： \5200000 （ Direct Cost: \4000000 、 Indirect Cost： \1200000 ）

This research has focused on rehabilitation type of corporate insolvency proceedings, including out-of-court workouts, with attention to differences from liquidation type of insolvency proceedings.
Major products of this research are as follows; argument regarding legal framework on avoidance and limitation of set-off in cases where out-of-court workout fails and the case is transferred to a legal insolvency proceeding, argument with respect to requirements of avoidance in consideration of the comprehensive reform of Civil Code, argument on measures against abusive corporate separation and some issues relating cross-border insolvency. This research has also dealt with issues regarding current court practice, such as so-called DIP type of corporate reorganization proceedings.

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Grant amount： \4290000 （ Direct Cost: \3300000 、 Indirect Cost： \990000 ）

Based on comprehensive study of current procedures of family affairs and non-contentious cases in Japan and other developed countries, and focusing particularly on the guarantee of procedural rights of the parties, this project made proposals for the reform of these procedures and built a theoretical framework for the future practice and further developments.

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Grant amount： \4100000 （ Direct Cost: \4100000 ）

The purpose of this research is to acquire basic perspectives to make civil proceedings more effective based on study of comparative laws, and to develop arguments regarding possible interpretation of the current laws and future legislation, which are necessary for reform of the current system of security transaction and enforcement of judgment debts. The reform is widely recognized as essential to establish an efficient Japanese judicial system in the 21st century, where rule-based and transparent regulations must play a greater role in society. For this purpose, this research focuses on review of individual systems and rules that consist of civil execution system, from the observing point of expansion of capacity of the execution system and reduction of transaction cost of users, both of which are principal issues for the civil enforcement system as an infrastructure of social activities in Japanese law.
This research develops arguments of possible interpretation of the current rules and future legislation concerning systems of minimal judicial auction price, indirect enforcement, and several measures to prevent obstruction to foreclosure, in consideration of necessity to establish a scheme to induce interested parties to act properly both inside and outside executions proceeding. A part of fruit of this work is already reflected in legislative discussions, both for the 2003 amendment and for the prospective 2004 amendment, of reform of the current system of mortgage, security transaction and civil execution. We believe that outcome of this research will be controlling for interpretation of the amended laws and will also be fruitful for future revisions of civil execution system.

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