わが国離婚法思想展開の一断面
1984 年 1984 巻 36 号 p. 127-130,274
詳細
1984 年 1984 巻 36 号 p. 127-130,274
From the latter half of 1960s to 1970s, European and American countries amended their divorce-law and made it positive respectively, whereas Japan, undergoing the powerful influence of the earlier divorce-law of Europe and America, still holds up the negative theory and judicial precedents of divorce-law.
Now, Japan, originally being not under the great influence of the thought of matrimony derived from Christianity, is considered to have developed her own thought of divorce-law. Therefore, the process of the development of the thought of divorce-law in Japan is well worthy of retracement and reexamination.
In the present article we clearly point out that there have happened opportunities to make divorce-law positive in the current of the thought of it since Nobushige Hozumi, and, moreover, put forward the theoretical reconstruction of divorce-law.
