Japanese and European Private International Law in Comparative PerspectiveJürgen Basedow, Harald Baum, Yuko Nishitani, Max-Planck-Institut für Ausländisches und Internationales Privatrecht Mohr Siebeck, 2008 - 434 pages 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 On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898.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. |
Contents
The Recent Development of the Conflict of Laws | 3 |
The Brussels Regulation and NonCommunity States | 19 |
Historical Development of Japanese Private International | 27 |
Background and Outline of the Modernization | 61 |
Party Autonomy and Its Restrictions by Mandatory Rules | 77 |
Party Autonomy and Characteristic Performance | 105 |
Protection of Weaker Parties in the Rome Convention | 127 |
Law Applicable to the Assignment of Receivables in Japan | 137 |
General Principles of Private International Law of Tort in Europe | 243 |
The Law Applicable to Specific Torts in Europe | 261 |
Divorce Protection of Minors and Child Abduction | 301 |
Jurisdiction and Applicable Law in CrossBorder Divorce Cases | 317 |
Protection of Minors and Child Abduction under | 345 |
International Adjudicative Jurisdiction in Japan | 367 |
in Germany and Europe | 377 |
Annexes | 386 |
General Principles on the Law Applicable to the Assignment | 153 |
International Company Law in Japan | 175 |
International Company Law in the ECJ Decisions | 187 |
The Proposal of the Deutscher Rat für Internationales Privatrecht | 209 |
Critical and Comparative Analysis of the Rome II Regulation | 221 |
Annex I | 403 |
The Horei Act No 10 of 1898 as amended | 421 |
The Horei Act No 97 of 1890 | 431 |
Common terms and phrases
according adopted agreement amended applicable law approach Article assignment authority Brussels child choice choice-of-law Civil claim Code Commission Community concerning considered consumer contract Convention Council Court damage decision determined divorce domicile draft effect enforcement establishment Europe European example exception fact factor final foreign formal freedom German governed habitual residence Hôrei interests issues Japan Japanese Japanese law judgment jurisdiction juristic act law applicable legislators liability limited mandatory marriage matters means Member national law obligations paragraph parental parties party autonomy person position possible present principle Private International Law problem Procedure proceedings Proposal protection provisions question reason recognition reference regard Regulation relating relationship requirements respect result Rome Convention rules scope situation solution specific spouses substantive supra note Supreme Court third parties tion tort unjust enrichment