Associate Professor
Toshimasa Miyake
Profile
| Specialized Field | Civil Code (Family Law) |
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| Research theme | Support after divorce |
| research content | In this seminar, students will study precedents related to property law and family law under the Civil Code, and learn the underlying concepts. Students will also consider major Supreme Court decisions related to property law and family law, what was at issue in the case, and how the court ruled on that issue. They will also examine the reasoning behind the decisions and the scope of the decisions.
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| Subjects in charge | General Provisions of the Civil Code, Family and Inheritance Law |
| Courses | Legal Profession Course |
| Seminar Theme | Case studies on civil law (property law and family law) |
| Main career, work history, and academic background |
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| Affiliated academic societies and organizations | Japan Private Law Association, Japan Family <Society and Law> Association |
| Main Papers and Publications | "Regarding the denial of legal paternity by a biological father" (Soka Law Review, Vol. 34, No. 2), "Regarding the freedom of contract regarding divorce benefits and its restrictions" (Soka Law Review, Vol. 36, No. 2), "Regarding the amendment of the German support law" (Soka Law Review, Vol. 36, No. 3) |
| Message | I think many people find civil law difficult to understand compared to constitutional law and criminal law. Especially when you start studying civil law, it is difficult to imagine specific situations regarding the issues at issue. Therefore, at first, it is difficult to even read the textbook. For the time being, even if you don't understand some parts, you need to read the textbook repeatedly, become familiar with legal terms, and accurately understand the basic concepts and the purpose of the system. In the preface of the basic book on general theory of claims that I studied when I was a Faculty of Law student (Maeda Tatsuaki's "Oral Statement General Theory of Claims"), it was written that "Beginners should read it at least five times." It is very important to study law to proceed steadily step by step. The family law (family law and inheritance law) that I am in charge of deals with various issues between couples such as marriage and divorce, and various issues regarding parent-child relationships, so I think it is somewhat easier to imagine the issues compared to property law. |
