Realization of Substantive Law through Legal Proceedings

This volume contains contributions to a symposium that was held according to a tradition of amicable relationship between the law schools of the Albert-Ludwigs-Universität Freiburg and Nagoya University on September 30 - October 1, 2015 in Nagoya on the topic »Realization of Substantive Law through Legal Proceedings«. In a time where the value of law enforcement through courts is incrementally questioned and alternative dispute resolution mechanisms are globally promoted the question of the purpose of civil procedure and the relationship between substantive law and its realization through legal proceedings is of particular relevance. The topic thereby not only concerns traditional civil and civil procedural law, but also labor, patent and private international law. The volume reflects the topic's relevance from a comparative perspective since similar tendencies and questions currently arise in Japan and Germany.Civil Procedure and Civil Law
Alexander Bruns: Law Enforcement vs. Dispute Resolution. What is the Primary Purpose of Civil Procedure? - Miyuki Watanabe: Dispute Resolution and the Primary Purpose of Civil Procedure in Japan - Tomohiro Yoshimasa: Primary Purpose of Civil Procedure. A Perspective from the Japanese Civil Code

Private International Law
Jan von Hein: The Determination and Application of Foreign Law. A Blind Spot of European Private International Law? - Dai Yokomizo: Application of Foreign Law in Japanese Courts. Ideal and Reality

Intellectual Property Law
Maximilian Haedicke: Court-Appointed Technical Experts in German Patent Infringement Proceedings and in the Unified Patent System - Masabumi Suzuki: Pursuit of Pro-Innovation Patent Proceedings. Recent Experience of Japan

Labor Law
Sebastian Krebber: Alternative and Amicable Resolution of Labour and Employment Law Disputes - Hajime Wada: Individual Labor-Related Disputes and ADR in Japan. A Focus on the Labor Tribunal System