Japanese and European Private International Law in Comparative Perspective

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Author :
Publisher : Mohr Siebeck
ISBN 13 : 9783161495472
Total Pages : 468 pages
Book Rating : 4.4/5 (954 download)

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Book Synopsis Japanese and European Private International Law in Comparative Perspective by : Jürgen Basedow

Download or read book Japanese and European Private International Law in Comparative Perspective written by Jürgen Basedow and published by Mohr Siebeck. This book was released on 2008 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.

Private International Law in Japan

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519711
Total Pages : 318 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private International Law in Japan by : Jun Yokoyama

Download or read book Private International Law in Japan written by Jun Yokoyama and published by Kluwer Law International B.V.. This book was released on 2019-12-13 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Japan. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Japan. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

Japanese Private International Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924310
Total Pages : 321 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Japanese Private International Law by : Kazuaki Nishioka

Download or read book Japanese Private International Law written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

International Private Law of Japan

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Author :
Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Private Law of Japan by : Joseph Ernest De Becker

Download or read book International Private Law of Japan written by Joseph Ernest De Becker and published by . This book was released on 1919 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contract Law in Japan

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 940350742X
Total Pages : 268 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Contract Law in Japan by : Hiroo Sono

Download or read book Contract Law in Japan written by Hiroo Sono and published by Kluwer Law International B.V.. This book was released on 2018-12-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Business Law in Japan

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904114062X
Total Pages : 848 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Business Law in Japan by : Christopher Heath

Download or read book Business Law in Japan written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2012-04-12 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compilations of cases with commentary – in Japanese Hanrei Hyakusen – often provide the most practical way to obtain a quick and reliable understanding of a specific field of law, as well as guidance on how best to proceed in specific situations. In this respect, leading cases much more than statutory provisions are essential for understanding the reality of Japanese commercial law. This incomparable book compiles 72 of the most important commercially relevant Japanese court decisions in the fields of civil law, labour law, company law, financial transactions, intellectual property, antitrust, conflict of laws, and arbitration. Each decision is presented in English translation and is accompanied by a practical and explanatory commentary by an expert in the field, be it from academia or private practice. There are 50 commentators in all, brought together here to honour the 60th birthday of Harald Baum, widely regarded as one of the world’s foremost scholars on Japanese business law. The cases encompass a wide reach of causes of action in fields such as: breach of contract; tort liability; product liability; unjust enrichment; collective bargaining; shareholders’ rights; directors’ duty of care; political donations; insider trading; patent infringement; parallel imports; trade mark rights; unfair competition; publicity rights; price fixing; arbitration agreements; and recognition of foreign judgements. Whether serving as practical guidance or as a basis for academic research, this compilation will be warmly welcomed by practicing lawyers, teachers and students of Japanese and international law, and all others who need to understand the various fields of Japanese commercial law.

International Law and Japanese Sovereignty

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Author :
Publisher : Springer
ISBN 13 : 1137567775
Total Pages : 239 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis International Law and Japanese Sovereignty by : Douglas Howland

Download or read book International Law and Japanese Sovereignty written by Douglas Howland and published by Springer. This book was released on 2016-11-15 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.

Identität Des Deutschen und Des Japanischen Zivilrechts in Vergleichender Betrachtung

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 9783899494327
Total Pages : 298 pages
Book Rating : 4.4/5 (943 download)

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Book Synopsis Identität Des Deutschen und Des Japanischen Zivilrechts in Vergleichender Betrachtung by : Zentarō Kitagawa

Download or read book Identität Des Deutschen und Des Japanischen Zivilrechts in Vergleichender Betrachtung written by Zentarō Kitagawa and published by Walter de Gruyter. This book was released on 2007 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Elements of Japanese Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 496 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Elements of Japanese Law by : Joseph Ernest De Becker

Download or read book Elements of Japanese Law written by Joseph Ernest De Becker and published by . This book was released on 1979 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Private Law of Japan, by J. E. de Becker,...

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Author :
Publisher :
ISBN 13 :
Total Pages : 157 pages
Book Rating : 4.:/5 (458 download)

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Book Synopsis International Private Law of Japan, by J. E. de Becker,... by : J. E. de Becker

Download or read book International Private Law of Japan, by J. E. de Becker,... written by J. E. de Becker and published by . This book was released on 1919 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Second-Best Justice

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Publisher : University of Chicago Press
ISBN 13 : 022628204X
Total Pages : 296 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis Second-Best Justice by : J. Mark Ramseyer

Download or read book Second-Best Justice written by J. Mark Ramseyer and published by University of Chicago Press. This book was released on 2015-11-19 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.

The Rule of Law in Japan

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186751
Total Pages : 538 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Rule of Law in Japan by : Carl F. Goodman

Download or read book The Rule of Law in Japan written by Carl F. Goodman and published by Kluwer Law International B.V.. This book was released on 2017-04-01 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.

The Civil Code of Japan

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Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Civil Code of Japan by : Japan

Download or read book The Civil Code of Japan written by Japan and published by . This book was released on 1899 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transactions of the Asiatic Society of Japan

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Publisher :
ISBN 13 :
Total Pages : 572 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Transactions of the Asiatic Society of Japan by : Asiatic Society of Japan

Download or read book Transactions of the Asiatic Society of Japan written by Asiatic Society of Japan and published by . This book was released on 1916 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: List of transactions, v. 1-41 in v. 41.

The New Japanese Civil Code

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Publisher :
ISBN 13 :
Total Pages : 90 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The New Japanese Civil Code by : Nobushige Hozumi

Download or read book The New Japanese Civil Code written by Nobushige Hozumi and published by . This book was released on 1904 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Principles and Practice of the Civil Code of Japan

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Author :
Publisher : Gale, Making of Modern Law
ISBN 13 : 9781289356859
Total Pages : 392 pages
Book Rating : 4.3/5 (568 download)

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Book Synopsis The Principles and Practice of the Civil Code of Japan by : Joseph Ernest De Becker

Download or read book The Principles and Practice of the Civil Code of Japan written by Joseph Ernest De Becker and published by Gale, Making of Modern Law. This book was released on 2013-09 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Making of Modern Law: Foreign, Comparative and International Law, 1600-1926, brings together foreign, comparative, and international titles in a single resource. Its International Law component features works of some of the great legal theorists, including Gentili, Grotius, Selden, Zouche, Pufendorf, Bijnkershoek, Wolff, Vattel, Martens, Mackintosh, Wheaton, among others. The materials in this archive are drawn from three world-class American law libraries: the Yale Law Library, the George Washington University Law Library, and the Columbia Law Library.Now for the first time, these high-quality digital scans of original works are available via print-on-demand, making them readily accessible to libraries, students, independent scholars, and readers of all ages.+++++++++++++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: +++++++++++++++Yale Law LibraryLP3Y045330019210101The Making of Modern Law: Foreign, Comparative, and International Law, 1600-1926London: Butterworth & Co., 19219 p.l., xxix, 853 p. 23 cmUnited Kingdom

The Civil Code of Japan (translation).

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Author :
Publisher :
ISBN 13 :
Total Pages : 262 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Civil Code of Japan (translation). by : Japan

Download or read book The Civil Code of Japan (translation). written by Japan and published by . This book was released on 1972 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: