著者

瀧川 叡一

出版者

法制史学会

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1994, no.44, pp.1-41,en3, 1995-03-30 (Released:2009-11-16)

---

"Civilprocedure" (1885), showed to Mr. Kirkwood, said, Hikiainin (_??__??__??_) is a intervener in civil process. I found several judgements of Maebashi-Shishinsaibansho (court of first instance), from 1877 to 1882, now preserved by Maebashi-district court, gave decisions against or in favor of Hikiainin as interveners. This usual practice was not derived from French law, but from the precedent of court in Tokugawa era.This paper analyzes the grounds of the above-mentioned derivation, and explains legal character of Hikiainin in the early Meiji period.