The Role of Judicial Precedents in Japanese Law-Making Process – on the Japanese Civil Code (Law of Obligation) Reform Cover Image

The Role of Judicial Precedents in Japanese Law-Making Process – on the Japanese Civil Code (Law of Obligation) Reform
The Role of Judicial Precedents in Japanese Law-Making Process – on the Japanese Civil Code (Law of Obligation) Reform

Author(s): Yachiko Yamada
Subject(s): History of Law, Civil Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: precedent; Japanese law-making process; Japanese Civil Code; law of obligation;

Summary/Abstract: Despite the fact that the Japanese legal system is based on legal provisions, the precedent law plays an essential role in this country. Therefore, judicial judgments exert impact on both the judicial and the academic practice. The author analyses the role of precedents in the law-making process with regard to the reform of the Japanese Civil Code and presents prospective changes as well. The ongoing discussion on the amendments to the Civil Code is justified by the fact that since the new provisions of law were adopted, numerous precedents have been established, which needs to be taken into consideration.

  • Issue Year: 27/2018
  • Issue No: 1
  • Page Range: 83-93
  • Page Count: 11
  • Language: English