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Monograph Series · Third series › Part III Forming the judgment and procedural legitimacy › III-15 · First edition

Claims and the Operative Part: The Limits of the Relief a Court Can Grant

Can a court order a resolution it considers right even though the party did not seek it?

Part
Part III Forming the judgment and procedural legitimacy
Sections
6 sections
Length
about 28,000 words · 2 h 2 min
As of
2026-10-15
Volume contents
  1. Abstract
  2. Synthetic case
  3. 01The Outer Boundary Set by the Application
  4. 02The Purport of the Claim and the Cause of the Claim
  5. 03A Performance Only Partly Demanded
  6. 04The Moment When Amendment Becomes Necessary
  7. 05Inconsistency Between the Reasons and the Dispositive Part
  8. 06Explaining Procedural Limits

Abstract

This volume asks whether a court may order a resolution it considers right even where the party did not seek it. The scope of the relief that a judgment grants is bound by the purport of the claim. Correcting facts must be distinguished from granting a performance that was not applied for. The path to relief opens where the necessary performance falls within the scope of a lawful application and is adjudicated in the dispositive part within that scope, and closes where the desired performance remains outside the scope of the application and the court cannot add it to the dispositive part of its own accord. The six sections address, in turn, the outer boundary set by the application, the purport of the claim and the cause of the claim, a performance only partly demanded, the moment when amendment becomes necessary, inconsistency between the reasons and the dispositive part, and the explanation of procedural limits. The strongest counterargument is as follows. A party's error in expression results in the refusal of manifest relief for a right. The structure of written submissions and the axis design of the determination ledger are not addressed in this volume.

Synthetic case

The whole volume follows this invented case. It is not a real matter, and its facts are not legal findings.

Plaintiff A sought delivery of an object, and the issue is whether the court may order a different performance on the ground that doing so would help resolve the dispute.

6 sections and their questions

  1. 01The Outer Boundary Set by the Application

    May the court add a performance that it considers more just?

    21 min
  2. 02The Purport of the Claim and the Cause of the Claim

    How does a statement of what is sought differ from a statement of why it is sought?

    20 min
  3. 03A Performance Only Partly Demanded

    What happens if the existence of a performance broader than the claim is recognized?

    18 min
  4. 04The Moment When Amendment Becomes Necessary

    How is a new performance that comes to light during the hearing made a subject of adjudication?

    20 min
  5. 05Inconsistency Between the Reasons and the Dispositive Part

    If the reasons recognize a right, is that sufficient even though the dispositive part falls short?

    23 min
  6. 06Explaining Procedural Limits

    Where a need for relief remains but is limited by the application, what must be left on record?

    21 min
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