新しい判決の効力 [in Japanese] The New type of the Suit and the effect of the judgement [in Japanese]
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My insist is about the New type of the judgement. Some civil judgement has theeffect to the third person who has the lawful interest with the former suit. In caseof the guarantee, the person who borrows the house at second hand, and so on.And for that, the reason in the former judgement has the effect to the third personwho has the interest with the suit.The third person is bound by the former judgement. But in the latter suit, he orshe can insist his or her own refutations.By this theory, the actual civil relations are solved consistently among the peoplewho have the interest in the case. And more, the court provides the civil dueprocess for the third person. I call this new type as derivative suit, derivativejudgement.
- Josai contemporary policies researches
Josai contemporary policies researches 1(1), 25-34, 2007-03