Minoru Ishida

Minoru Ishida (Ishida grows 1940 -) is a Japanese jurist. The specialty is civil law, a Civil Proceedings Act. An assistant professor at cause assistant judge, Tokyo University. Takeyoshi Kawashima･Saburo Kurusu (jurist)の pupil.

Table of contents

Theory

I announced a lot of theories to revolt against traditional authority in a wide range of fields of civil law, the Civil Proceedings Act, and there was not at all the thing that I made it a common view, but had a there being a lot of influence in each field. It is the hardly only scholar who did after the war the contribution that is important to both substantive law and code of procedure in a Civil Act study that specialization, subdivision is remarkable.

• I criticized a profit weigh theory insisted on as technique of the law interpretation by Hidekazu Hoshino and insisted that the law interpretation was restricted by intention of the legislatrix [¹]. However, the legislatrix intention theory is denied by a drafter [²], and it is combined with a principle of the separation of threes powers of administration, and it is the public that is said to the legislatrix intention that the contents of the objective law does not show that I cannot adopt an opinion recognizing binding force for the judiciary from the front [³].

• About a range of the compensation for damages of the wrongful conduct, I proposed an equivalency causation theory that I took responsibility as far as an analogy applied an application of civil law Article 416 about the range of the compensation for damages of the default on an obligation to Hideo Hatoyama and was considerably causally associated, and it had been adopted by a precedent, but Yoshio Hirai added thorough criticism to this and proposed a protection range theory and had great influence as I considerably erased words with the causation from a textbook at one time. In contrast, Ishida criticized a protection range theory and I proposed a concept of the risk connection and supported an analogy application of civil law Article 416 [⁴], and I was supported afterwards by Kazuo Shinomiya and others.

• About the distribution of the burden of proof, I was proposed by Hajime Kaneko and criticized a theory-based law requirements classification theory of Rosenberg who succeeded it, and it was developed by a civil affair judge instructor room of the Legal Training and Research Institute, and did the basics of current business (I decide the text in the basics) and insisted on criticism of the above opinion by rye Porto and ムジーラク when it should be decided in consideration of substantial elements such as distance with the evidence, relative difficulty of the proof, the probability of the fact existence as the starting point [⁵], and I was supported afterwards by Koji Shindo. In contrast, an argument by Takuji Kurata of the judge is made by a viewpoint in support of a common view; called the Kurata Ishida debate [⁶]. The Ishida theory here was not adopted for business by the front, but the problem submission was taken and I was reflected in the description of the text of the Legal Training and Research Institute and brought great influence [⁷].

• In the field of the real right method, I stand in the situation that even the opposition requirements that are a common view are the effect requirements that Sakae Azuma took part in without in right protection qualification requirements once by the registration [⁸].

Career

• I am a graduate from the Tokyo University law department for 1,963 years
• 1963 judiciary training 17 sittings
• 1965 assistant judge appointment
• 1968 Tokyo University law department assistant
• 1971 Tokyo University law department assistant professor
• 2001 Tokyo University law department retirement

Writing

Book

• "A method of the law Hermeneutik" (green wood study new company, 1976)
• "The basics of civil law studies" (有斐閣, 1976)
• "The reconfiguration of the compensation for damages method" (Tokyo University publication society, 1977)
• "Office administration, excessive profit, wrongful conduct" civil law lecture (6) (有斐閣, 1977) Takio Takagi, Masanobu Kato and others and joint work
• "The mixture of civil law and the Civil Proceedings Act" (Tokyo University publication society, 1979)
• "The reconfiguration of the evidence method" (Tokyo University publication society, 1980)
• "Civil law 5" (the contract method) present age jurisprudence lecture 13 (green wood study new company, 1982)
• "A civil law basic rule" (leisurely company, 1992)
• "The civil law outline (2) real right method" (sincerity mountain company, August, 2008)
• "The civil law outline (3) rights of the mortgagee method" (sincerity mountain company, October, 2010)
• "Civil law outline (1) civil law basic rule" (sincerity mountain company, December, 2014)

I am going to continue publication afterward

• "The civil law outline (4) credit general remarks" (sincerity mountain company)
• "The civil law outline (5) contract method" (sincerity mountain company)
• "The civil law outline (6) office administration, excessive profit, wrongful conduct method" (sincerity mountain company)
• "Civil law outline (7) Familienrecht" (sincerity mountain company)
• "Civil law outline (8) law of inheritance" (sincerity mountain company)

Article

• It is association of law magazine 90 8 (1973) in "the present conditions and the future of the burden of proof theory"
• "Reconfiguration precedent Times 322 (1975) of the burden of proof theory"

Footnote

1. ^ as placed above "method of the law Hermeneutik"
2. ^ Masaaki Tomii "訂正増補民法原論第一巻總論" 17th edition 94 pages (有斐閣書房, 1922), Kenjiro Ume, Association of Political and Social Sciences magazine 12 134 348 pages, four pages of Sadamu Baba Jiro edition "modified code question record plum remarks (1896) required", two collections of Nobushige Hozumi, literary remains 419 pages
3. ^ Otoshiro Ishizaka "改纂民法研究上" 83-86 pages (有斐閣, 1919)
4. The ^ as placed above "reconfiguration of the compensation for damages method"
5. The ^ as placed above "reconfiguration of the evidence method"
6. The ^ as placed above "present conditions and future of the burden of proof theory" of the Takuji Kurata "common view in the proof responsibility distribution idea protection" (precedent Times 318), the as placed above "reconfiguration of the burden of proof theory"
7. ^ 伊藤眞, Shintaro Kato, 110 pages of Kazuhiko Yamamoto "debate Kato remarks (有斐閣, 2007) of the Civil Proceedings Act"
8. The ^ as placed above "civil law outline (2) real right method"

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