Japanese Law [electronic resource].
Oda, Hiroshi.
Oxford : Oxford University Press,
2009.
This book presents the only English language, up-to-date, and comprehensive reference to Japanese law. It covers a wide range of topics, from the fundamentals of the Japanese legal system, to the Civil Code which is the cornerstone of private law in Japan and business related laws in a comprehensive manner. The author presents the current state of Japanese law in operation by referring to numerous cases and the latest discussions.Since the last edition in 1999, Japanese Law, in almost every area, has undergone substantial reform, all of which is reflected in the new text. In particular, the ne
Description based upon print version of record.
Cover; Title Page; Copyright Page; Contents; Foreword; Abbreviations; Table of Cases; Table of Legislation; Introduction; 1. Japanese Law Viewed from Abroad; 2. Anti-Positivism in Japanese Law; I. THE BASIS OF THE SYSTEM; 1. The History of Modern Japanese Law; 1. The Period of Modernisation; 2. Post-War Reforms; 3. Contemporary Reforms; 2. The Sources of Law; 1. The Rule of Law; 2. The Constitution; 3. Statutory Laws; 4. Delegated Legislation; 5. International Treaties; 6. Judge-Made Law; 7. Circulars (Tsūtatsu); 8. Administrative Guidance; 9. Local Regulations; 10. Customary Law
11. Scholarly Opinion3. The Administration of Justice; 1. Historical Background; 2. The 'Justice System Reform'; 3. The Court System; 4. Lay Participation; 5. Speeding up of the Court Proceedings; 6. Alternative Dispute Resolution; 7. International Commercial Arbitration; 4. The Legal Profession; 1. The Hōsō; 2. Judges; 3. Public Prosecutors; 4. Attorneys; 5. Para-Legals; 6. Foreign Attorneys; 7. The Uniform State Examination and Legal Training; 5. The Protection of Human Rights; 1. Development of Human Rights Law; 2. The Present Constitution; 3. Restrictions on Human Rights
4. Freedom of Expression5. Access to Information; 6. Equal Treatment; 7. Freedom of Religion; 8. Due Process of Law; 9. Rights of Suspects and Defendants; 10. Economic Rights; 11. The Role of the Supreme Court; 12. International Treaties and Human Rights; II. THE CIVIL CODE-THE CORNERSTONE OF PRIVATE LAW; 6. General Rules and Institutions of Private Law; 1. General; 2. General Principles and Basic Rules; 3. Legal Capacity; 4. Juristic Acts; 5. Agency; 6. Prescription; 7. Law of Obligations and Contracts; 1. General Rules of the Law of Obligations; 2. The Law of Contract
3. Management of Another Person's Affairs and Unjust Enrichment8. Property Law; 1. The Concept of Real Rights; 2. Registration; 3. Ownership; 4. Joint Ownership; 5. The Right to Use Another Person's Property; 6. Real Securities; 7. Atypical Real Security Rights; 9. Law of Torts; 1. The Development of Tort Law; 2. General Rules of Tort Law; 3. The Scope of the Losses; 4. Special Provisions on Tort Liability; 5. Joint Liability; 6. Remedies; 7. Product Liability; 10. Family Law and Inheritance; 1. Historical Background; 2. Marriage and Divorce; 3. Family and Children
4. Procedure for Settling Disputes on Family Matters5. The Law of Inheritance; III. BUSINESS-RELATED LAWS; 11. Corporate Law; 1. The History of Japanese Company Law; 2. Types of Companies in Japan; 3. Share Ownership Structure of Japanese Companies; 4. Setting up Companies; 5. Shares; 6. Corporate Governance; 7. Mergers and Splitting of Companies; 8. Financing of Companies; 9. Accounting; 12. Insolvency Law; 1. Basic Laws; 2. Bankruptcy Procedure; 3. Civil Rehabilitation Procedure; 4. Corporate Reorganisation Procedure; 5. International Insolvency Law
13. Securities Law (the Financial Instruments and Exchange Law)
This book presents the only English language, up-to-date, and comprehensive reference to Japanese law. It covers a wide range of topics, from the fundamentals of the Japanese legal system, to the Civil Code which is the cornerstone of private law in Japan and business related laws in a comprehensive manner. The author presents the current state of Japanese law in operation by referring to numerous cases and the latest discussions.Since the last edition in 1999, Japanese Law, in almost every area, has undergone substantial reform, all of which is reflected in the new text. In particular, the ne
Description based on print version record.
Includes bibliographical references and index.
Law -- Japan -- Cases.
Law -- Japan.
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