Photo by Mayuka Umezawa (Photo: Provided by herself)
Ramen shop owner Mayuka Umezawa submits a damage report to the police "Ramen otaku has been swept away by anti-company and hoax"
If you write the contents roughly
In September, Mr. Umezawa filed a civil suit against the same man and at the same time consulted with the police about the damage.
"A man in Tokyo told me that there was an anti-company behind the scenes," he said. → Continue reading
Wikipedia related words
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Specifically, property disputes (correct the registration of the land that was made arbitrarily, return the loaned money,Restitution for Damages, Etc.).The procedure isCivil Procedure CodeandCode of Civil ProcedureIt is done based on.
It may include litigation types that resolve disputes regarding status relationships (divorce, cognition, existence of parent-child relationships, etc.).Personnel litigationCalled.
Administrative litigationMay be included in a civil lawsuit.This is because the provisions of the Code of Civil Procedure are applied mutatis mutandis to administrative proceedings in principle (Article 7 of the Administrative Litigation Act),Criminal procedure codeContrast with criminal proceedings disciplined by.
In the court proceedings in a civil case, the enforcement procedure for executing the rights determined by the proceedings (Civil Execution LawCivil protection procedures (specified by) and the preparatory stage for thatCivil Conservation LawRegulates the relationship between multiple parties regarding claims and debts)bankruptcyThere are also processing procedures, but these are different in nature from litigation cases in that they do not ultimately establish the rights and obligations between the parties.Non-litigation caseare categorized.
- Ordinary proceedings
- Bill litigation-Check proceedings --A special proceeding for the purpose of resolving bill / check disputes easily and quickly...The number of proceedings is decreasing as the bill / check transactions themselves decrease..
- Small amount litigation --This is a special proceeding that ends the trial in one deadline, limited to requests for payment of 60 yen or less..
Start and end of civil proceedings
Start of civil lawsuit
Proceedings pendingIn the state of, it is not enough to file a proceeding,defendantTocomplaint Delivery(Civil Procedure Law, Article 138, Paragraph 1).The purpose is to give the defendant an opportunity to know that the proceeding has been filed and its contents, and to guarantee due process.
End of civil lawsuit
End by trial
- Results of complaint examinationCorrection commandThe plaintiff has issued (Article 137, Paragraph 1 of the Code of Civil Procedure)DeficiencyIf you do not amend, the complaint will be dismissed by order (paragraph 2 of the same Article, so-calledDismissal of complaint).
- If the deficiency of the complaint cannot be corrected, a dismissal decision will be made without oral argument (Article 140 of the Code of Civil Procedure).
- If the plaintiff does not prepaid the court costs, the proceeding will be dismissed by the decision (Code of Civil Procedure, Article 141, Paragraph 1).
- When the proceedings are ripe for trial, the proceedings are terminated by the court making a final judgment (Article 243, Paragraph 1 of the Code of Civil Procedure).
End without trial
- If the plaintiff withdraws the proceeding (Article 261, Paragraph 1 of the Code of Civil Procedure), the proceeding is deemed to have not been pending from the beginning and ends (Article 262, Paragraph 1 of the same Act).However, after the defendant has responded to the proposal, the consent of the defendant is required (Article 261, Paragraph 2 of the same law).To the defendantRes judicataThe purpose is to guarantee the opportunity to obtain a certain claim dismissal decision.
- The proceedings are also terminated if the parties waive or approve the claim (Article 266, Paragraph 1 of the Code of Civil Procedure).
Types of complaints
- Proceedings for benefits (proceedings for benefits)
- LitigationProceedings for the purpose of certain benefits (eg, proceedings for the dismissal of land from buildings).It is a basic type in proceedings.
- Appeal for current benefits
- Appeal for future benefits
- Proceedings for confirmation (confirmation proceedings)
- A proceeding in which the litigation is for the purpose of confirming legal relationships (eg, a proceeding to confirm the absence of debt).It is a supplementary type in proceedings and is allowed only when certain requirements are met.
- Appeal for positive confirmation
- Negative confirmation appeal
- Proceedings for formation (formation proceedings, proceedings for establishment, proceedings for change of rights)
- A proceeding in which the proceedings are aimed at forming a certain legal relationship (eg, a proceeding to revoke a resolution at a general meeting of shareholders).
- Disposal right principle
- Claim responsibility
- Prohibition of ex-officio evidence examination
- Res judicata
- ^ "Outline of bill / check litigation procedure". Court website. October 2021th, 7Browse.
- ^ Motoya Nakamura. “Analysis of the current state of civil lawsuits (pdf) ”. P. 40. October 2021th, 7Browse.
- ^ "Small amount litigation". Court website. October 2021th, 7Browse.
- ^ Supervised by the General Training Institute for Court Staff "Overview of the Code of Civil Procedure (XNUMXth Edition)" Judiciary Association ISBN 978-4-906929-29-0, Page 109