On Adequacy of the Partial Declaratory Judgment

There is a bottomless influence of discovery & deployment of research over the lawsuit that would guide many of the modern civil lawsuits to the declaratory judgment at last. Declaratory judgment is expected to demonstrate the function to settle any dispute with only res judicata. It is also unique, as it can settle a legal dispute at the point that the foundation of the practical use for judgment depends on the law-abiding spirit like the addressee of judgment. Furthermore, it serves "the profit-filter for a lawsuit" as the legal relief function at the early stage of the dispute. In order to clarify the state of the normative service function in this type of lawsuit, the author takes up an actual judicial precedent, analyzes it, and makes the conclusion that although intercepting the invalid lawsuit may result in a small stability, the invalid lawsuit of provision partially may cause a possibility of expanding dispute. Therefore, one should affirm the legitimacy of the invalid lawsuit of only liquidation provision in principle. 62 References. T. Murakami