Contract Law in Japan

Contract Law in Japan PDF

Author: Hiroo Sono

Publisher: Kluwer Law International B.V.

Published: 2018-12-12

Total Pages: 268

ISBN-13: 940350742X

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Japan covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

The Civil Code of Japan

The Civil Code of Japan PDF

Author: Japan

Publisher: Legare Street Press

Published: 2021-09-09

Total Pages: 186

ISBN-13: 9781013300400

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This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Civil Code of Japan (Classic Reprint)

The Civil Code of Japan (Classic Reprint) PDF

Author: Ludwig Lonholm

Publisher:

Published: 2015-07-13

Total Pages: 348

ISBN-13: 9781331341512

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Excerpt from The Civil Code of Japan The first draft of a Civil Code for Japan was drawn up by Mr. Boissonade de Fontarabie, a French jurist, and followed in the main the lines of the French law But shortly before it was to go into effect a committee of revision was appointed, who instead of simply revising that draft made a wholly new Code modeled very closely upon the new German Civil Code and entirely different from Mr. Boissonade's Code, which therefore never went into operation. The authors of the present thoroughly modern and scientific Code are Messrs. Nobushige Hozumi, Masakasa Tomii and Kenjiro Ume, professors of law in the Imperial University of Tokyo. The technical terms of the Civil Code are very often literal translations into Sinico-Japanese of the corresponding German words. This fact and the great difference in form, arrangement and terminology between the Japanese-German and the English law makes it often difficult to translate the Japanese words by proper technical equivalents in English. For the most part the same Japanese word has been translated whenever it occurs by the same English word, even at the cost of an occasional awkwardness of expression; but in a few cases it was impossible to follow this rule without impairing the clearness of the sentence. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Identität Des Deutschen und Des Japanischen Zivilrechts in Vergleichender Betrachtung

Identität Des Deutschen und Des Japanischen Zivilrechts in Vergleichender Betrachtung PDF

Author: Zentarō Kitagawa

Publisher: Walter de Gruyter

Published: 2007

Total Pages: 298

ISBN-13: 9783899494327

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Developments of the law in Japan and in Germany provide ample reason for an inquiry into "The Identity of Japanese and German Civil Law". Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as "theory reception" (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of "consumer law" - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a "Europeanization" of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the "Germany Year in Japan". In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.

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