Fundamental research for the conditions and effect of injunction

本研究的重要成果如下：(1)《日本民法典》的禁制令是以“禁制令制度”为基础的。(2)“禁制令制度”超越了该制度需要捍卫的权利或合法利益，使其免受非法攻击。(3)目的、禁令的条件和效力与损害赔偿有本质的区别。(4)根据“禁令制度”，在公平经济贸易中享有权利利益的人可以对违反维护公平经济贸易的法律规则的人提起禁令诉讼。(5)关于禁令的条件和效力的条款应纳入日本民法典中基于所谓“潘德克腾制度”理念构建的“民保-寿命区”(“总则”)。

The important results of this research are as follows.(1) Injunction of the Japanese Civil Code is based on the "Injunction system".(2) The "Injunction system" stands outside of rights or legal interests that need to be defended by the system from illegal attacks.(3) The aim, conditions and effect of injunction are essentially different from those of compensation of damages.(4) Based on the "Injunction system" can a person who has right interests in the fair economic trade bring a lawsuit for injunction order against a person who is breaking the legal rules made to maintain fair economic trade.(5) The articles about the conditions and effect of injunction should be put into the "Minpou-Sousoku"("General Part") of the Japanese Civil Code which is constructed based upon the idea of so-called "Pandekten System"