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62 Japanese Y.B. Int'l L. 226 (2019)
Recognition and Enforcement of Foreign Decisions on Personal Status Litigation and Family Relations Cases

handle is hein.journals/jpyintl62 and id is 240 raw text is: 







226


     RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS ON
     PERSONAL STATUS LITIGATION AND FAMILY RELATIONS CASES


                              Manabu   Iwamoto*

     Introduction
     I. General Rules on the Recognition of Foreign Judgments
        1. Historical Development
        2. Requirement of Recognition
     II. Personal Status Litigation Cases
        1. Prior to the Revision
        2. The Types of Cases in Question
        3. The Draft Proposals and Influence of This Revision
        4. Indirect Jurisdiction of Personal Status Litigation Cases
     III. Domestic Relations Cases
        1. Prior to the Revision
        2. Defining the Scope of Domestic Relations Cases in Article 79-2
           of the DPA
        3. Requirement of Recognition
        4. Adjustment of the Civil Execution Act
     IV. Challenges for the Future
     Conclusion

Introduction


    finji Sosho Ho nado  no  Ichibu wo Kaisei suru  Horitsu [The Act for Partial
Revision of the Personal Status Litigation Act etc]' (hereinafter the Revision Act)
was  established on April 18, 2018, and it came into effect in Japan from April 1,
2019.   It  was    created   based    on   finji Sosho   Oyobi   Kajifiken   no
Kokusaisaibankankatsubosei   no Seibi ni Kansuru  Yoko [The Outline concerning
Rules  on International Jurisdiction of Personal Status Litigation and Domestic
Relations Cases]2 (hereinafter the Outline) and submitted to the Minister of Justice


*  Associate Professor of Law at University of Toyama, Japan. This research was supported
by  JSPS KAKENHI  Grant Number JP17K17748.
1  Act No. 20, 2018. English translation has been published in the present Volume.
2  On  the Outline (in Japanese), Hensbubu [Editorial Department], jinji Sosho Oyobi
Kajijiken noKokusaisaibankankatsubosei no Seibi ni Kansuru Yoko no Toshin ni tsuite [On
submission the Outline concerning the Establishment of Rules on International Jurisdiction
of  Personal Status Litigation Cases and Domestic Relations Cases], NBL [New Business
Law], No. 1061 (2015), p. 31.


Japanese Yearbook of International Law
         Vol. 62 (2019), pp. 226-250

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