Civil Laws at Japan
Japan's civil law system is primarily based on codified law, strongly influenced by the Continental European (Civil Law) system, particularly German and, to a lesser extent, French law. However, it also incorporates some common law concepts, particularly in commercial and regulatory areas, and has been influenced by American legal thinking since World War II.
The core of Japanese civil law is the Civil Code (Minpō), enacted in 1896 (with significant post-WWII revisions, especially in family and succession law). It is one of the "Roppō" (Six Codes) that form the legislative foundation of the Japanese legal system.
Here's an overview of the key aspects and principles of civil law in Japan:
I. The Japanese Civil Code (Minpō)
The Civil Code is divided into five main parts (often referred to as "books"):
General Provisions:
Covers fundamental principles such as the public welfare (private rights must conform to it), good faith (exercise of rights and performance of duties must be done in good faith), and the prohibition of abuse of rights.
Defines "persons" (natural persons and juristic/legal persons).
Deals with capacity to act (e.g., minors, adults with inhibited psychological competency, and systems of guardianship, curatorship, and assistance).
Addresses domicile, management of absentee property, and adjudication of disappearance.
Includes provisions on juridical acts, such as manifestations of intention, agency, nullity, and rescission of acts.
Property (Real Rights):
Covers ownership, possession, and other real rights (e.g., superficies, easements, pledges, mortgages).
Addresses the establishment and transfer of real rights.
Obligations:
Deals with contracts (formation, validity, performance, non-performance, and termination).
Covers torts (unlawful acts leading to damages).
Addresses unjust enrichment and management without mandate.
Family:
Covers marriage, divorce, parent-child relationships, adoption, and parental authority.
This section underwent significant revisions after WWII to promote gender equality, moving away from the old patriarchal family system.
Succession:
Deals with inheritance, wills, and distribution of estates.
Like family law, this section was heavily revised post-WWII.
II. Key Principles of Japanese Civil Law:
Codified Law: Japan is a civil law jurisdiction, meaning that legal principles are primarily derived from comprehensive written codes and statutes.
Influence of German Civil Law: The Japanese Civil Code was heavily modeled after the first draft of the German Civil Code, especially in its structure and concepts.
Principle of Public Welfare: Private rights are not absolute and must conform to the public welfare (Article 1, Para. 1 of the Civil Code). This principle allows for the limitation of private rights in the public interest.
Principle of Good Faith (Trustworthiness): The exercise of rights and performance of duties must be done in good faith (Article 1, Para. 2 of the Civil Code). This is a fundamental principle influencing the interpretation and application of civil law provisions.
Prohibition of Abuse of Rights: No abuse of rights is permitted (Article 1, Para. 3 of the Civil Code). This prevents individuals from using their legal rights in a manner that is contrary to the spirit of the law or causes undue harm.
Dignity of Individuals and Equality of Both Sexes: The Civil Code is to be construed in accordance with honoring the dignity of individuals and the essential equality of both sexes (Article 2 of the Civil Code). This reflects post-WWII constitutional principles.
Case Law (Precedent): While a civil law system, case law in Japan plays an increasingly important role in interpreting legislation and, in practice, can develop new law where legislation is silent. However, there is no strict doctrine of binding precedent like in common law systems.
Emphasis on Conciliation and Dispute Resolution: Traditionally, Japanese society has placed a strong emphasis on maintaining social harmony (wa) and resolving disputes through conciliation and amicable settlement rather than formal litigation. This cultural aspect influences the legal process, with mediation services offered by courts.
III. Other Relevant Civil Laws:
Beyond the Civil Code, other important laws fall under the umbrella of civil law in Japan, including:
Commercial Code (Shōhō): Deals with commercial transactions, companies, and other business-related matters. (Note: Company law was separated from the Commercial Code in 2005).
Code of Civil Procedure (Minji Soshōhō): Governs the procedures for civil lawsuits in Japan.
Various supplemental laws related to specific areas such as consumer protection, intellectual property, labor law (which draws from civil law principles regarding contracts), and specific types of transactions.
In summary, Japanese civil law is a comprehensive and evolving system, rooted in the Civil Law tradition, with a modern emphasis on individual rights and equality, while still reflecting unique cultural approaches to dispute resolution.
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