訴訟能力에서의 「능력」개념의 재검토를 위한시론

At first admissibility of a party and person concerned elligibility are necessary for suitand litigation ability is necessary so that the person concerned participates in direct suit. By the way, common view understands that the litigation abilitiy agrees with the legalcapacity in civil law but the few theory understands that the litigation ability agrees withthe capacity for enjoying private right. The above difference is largely attributable tomaking head or tail of the litigation ability as the means of settling civil disputesregardless of the issues. However, the case that can not make out the litigation abilityas the legal capacity according to the change of the system such as adult guardianshipsystems occurs. And the precedents understanding the litigation ability as mentalcapacity in the situation appear in the foreign country. Therefore, I think that it will benecessary to examine discussions about litiagtion ability to realize intention and the legalcapacity in conventional civil law, to retroact again, to go up this and the problem tobe concerned with from the origin, and to review the thing. So I made this article toarrange a future study direction by examining the suit ability theory. Now I have begunthe study of litigation ability for civil law and civil procedure.