Tort Law in Japan
Author: Hiroyuki Kihara
Publisher:
Published: 2015
Total Pages: 0
ISBN-13: 9789041160201
DOWNLOAD EBOOK"This book was originally published as a monograph in the International encyclopaedia of laws/Tort law."
Posts
Modern Trends in Tort Law:Dutch and Japanese Law Compared
Author: Ewoud Hondius
Publisher: Springer
Published: 1999-03-18
Total Pages: 328
ISBN-13:
DOWNLOAD EBOOKThis work contains the proceedings of the Second Conference on Dutch-Japanese Law, which took place at the University of Utrecht in August 1996. The doctrine of tort law was chosen as the central theme for this Conference. A comparison with the Japanese legal system provides interesting insights in this particular issue, because the Japanese system is of a dualistic nature. Besides being based on a strong legalistic tradition, there is also the widespread tradition of socially accepted custom. By studying the development of the law in both Japan and the Netherlands existing links are strengthened and new contacts between Dutch and Japanese academic lawyers are established.
Basic Features of Japanese Tort Law
Author: Keizo Yamamoto
Publisher:
Published: 2019
Total Pages:
ISBN-13: 9783709701881
DOWNLOAD EBOOKProduct Safety and Liability Law in Japan
Author: Luke Nottage
Publisher: Routledge
Published: 2004-07-31
Total Pages: 356
ISBN-13: 1134433891
DOWNLOAD EBOOKDeveloping insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.
Sports Law in Japan
Author: Takuya Yamazaki
Publisher: Kluwer Law International B.V.
Published: 2022-05-20
Total Pages: 178
ISBN-13: 9403546522
DOWNLOAD EBOOKDerived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Japan deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self-regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. 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 sports law.
Private International Law in Japan
Author: Jun Yokoyama
Publisher: Kluwer Law International B.V.
Published: 2019-12-13
Total Pages: 318
ISBN-13: 9403519711
DOWNLOAD EBOOKDerived 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.
Second-Best Justice
Author: J. Mark Ramseyer
Publisher: University of Chicago Press
Published: 2015-11-19
Total Pages: 296
ISBN-13: 022628199X
DOWNLOAD EBOOKJapanese society is as legalistic and rulebound as that of the US, yet Japanese people file far fewer lawsuits than Americans. Explanations for this behavior range from circular arguments about Japanese culture to suggestions that the Japanese court system is so slow-moving and unfriendly to plaintiffs that everyone knows better than to engage in it. However, there is much more to civil litigation in Japan, as preeminent scholar of Japanese law J. Mark Ramseyer explains in "Doing Well by Making Do: Second-Best Judging in Japanese Law." With illustrations drawn from tort claims across many domains--auto accidents, product liability, medical malpractice, landlord-tenant law, and more--Ramseyer shows that the low rate of lawsuits in Japan is compelled not by distrust of a dysfunctional system, but by a system that sorts and resolves disputes in such an overwhelmingly predictable pattern that only rarely do contesting parties find it worthwhile to involve themselves in the uncertainty of a trial. Japanese judges do not pretend to offer the level of particularized inquiry that one expects in American courts. The Japanese court system is not designed to find perfect justice. It is designed to "make do." Through close attention to key arenas of tort litigation, as well as more obscure corners of the law including labor, landlord-tenant, and consumer-finance disputes, "Doing Well by Making Do" offers a key to unlocking the aims, incentives, flaws, and virtues of the distinctive Japanese court system.
Business Law in Japan
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
Published: 2012-04-12
Total Pages: 779
ISBN-13: 904114062X
DOWNLOAD EBOOKCompilations 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.
Contract Law in Japan
Author: Hiroo Sono
Publisher: Kluwer Law International B.V.
Published: 2018-12-12
Total Pages: 328
ISBN-13: 940350742X
DOWNLOAD EBOOKDerived 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.
Comparative Tort Law
Author: Mauro Bussani
Publisher: Edward Elgar Publishing
Published: 2021-02-26
Total Pages: 584
ISBN-13: 1789905982
DOWNLOAD EBOOKThis revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
