著者

井戸田 博史

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.19, pp.29-40, 1983-05-20

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This paper an extract from my presentation "Family Succession in the Meiji Civil Code" given at the Japan Association of Legal and Political Sciences in May of 1982. My research and this introduced theme is based on the case of Count Nogi. When Emperor Meiji passed away in 1912, General Maresuke Nogi committed suicide with his wife. He had also decided to end the Nogi family line, and towards this he refused any adoption into that family. His will stated that the Nogi line would be ended not to be revived. Following his instruction, the Nogi line was rooted out. But, on the third anniversary of his death in 1915, the Nogi line was restored by Motosato Mori, the second son of Maresuke Nogi's former feudal lord, Mototoshi Mori, not by one of Gen. Nogi's relatives. Motosato Mori was conferred the title of count by Emperor Taisho. In addition, Mori changed his family neme to Nogi and took possession of the Nogi graveyard, lineage and other ancestral treasures. This incident brought about serious disputes concerning the social, legal, political, moral and other aspects ; the incident meant that Nogi's will was ignored and there were lost of legal problems left unsolved. Though there are many points that need clarification, due to space limitation I have confined my remarks to next two points : 1. What were the causes that brought Gen. Nogi's decision on