広島大学大学院教育学研究科紀要. 第二部, 文化教育開発関連領域 68号
2019-12-20 発行

本人訴訟体験からの法律学修 : 樹木伐採工事禁止の仮処分申立てなど

Legal Learning through the Experience of Lawsuit in Person: The Actual Case Study of Filing a Restrictive Injunction to Cutting High Trees in Private Common Garden
畑 浩人 大学院教育学研究科 広大研究者総覧
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Several years ago, the author had experienced the short lawsuit on restrictive injunction to cutting high trees in their private common garden against the condominium association’s board of directors, and reached a victorious reconciliation. This case will be reported here, because it was simple and short but also included the dynamics between both adversaries and of tripartite relationship in court, furthermore the background history in community. He, as a sectional owner and plaintiff of representative action, will marshal the related facts in chronological order and analyse the process of the suit and some general assemblies in the perspective of socio-legal studies. He at first tried to negotiate in writing, but the new board adhered to the procedural-illegally passed program yet, so that he had to resort to court. Fortunately just the filing postponed the tree conversion and through the court hearings in a closed round table room, the judge advanced its stop untill the passage by special resolution (more than 3/4 in all voting rights) according to the new act and its related cases, that both agreed to. So it turned out that despite try and error adjustment by which even intellectual persons must learn accurate laws and facts and seek to communicate with others and defendants, ordinary people and companies tend to take for granted their own fragmentary and/or old knowledge and information, fall into a mistaken insistence or futile dispute, and keep on blaming their former adversaries indefinitely. As an improving plan, specialised lawyers or judicial scriveners always had better take part in the operation of condminium management and especially if any issues in doubt or dispute, advise all owner-citizens on legitimate and fairmethod inexpensively.
キーワード
Lawsuit in person
Victorious reconciliation
Condominium
Legal learning in process of the trial
Restrictive injunction
本人訴訟
勝利的和解
区分所有
裁判を通じた法学修
禁止の仮処分