Identitat Des Deutschen Und Des Japanischen Zivilrechts In Vergleichender Betrachtung
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Author | : Zentaro Kitagawa |
Publisher | : Walter de Gruyter |
Total Pages | : 293 |
Release | : 2011-12-22 |
Genre | : Law |
ISBN | : 311091915X |
Developments of the law in Japan and in Germany provide ample reason for an inquiry into “The Identity of Japanese and German Civil Law”. Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as “theory reception” (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of “consumer law” - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a “Europeanization” of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the “Germany Year in Japan”. In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.
Author | : Jasper Verstappen |
Publisher | : Springer Nature |
Total Pages | : 424 |
Release | : 2023-06-23 |
Genre | : Law |
ISBN | : 3031354079 |
Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.
Author | : Stacey Steele |
Publisher | : Routledge |
Total Pages | : 349 |
Release | : 2009-12-07 |
Genre | : Business & Economics |
ISBN | : 113518237X |
This book is a critique of the rapidly changing nature of legal education in major Asian jurisdictions as diverse as Afghanistan, Australia, Cambodia, China, Hong Kong, Indonesia, Japan, Korea, Singapore, Taiwan and Vietnam. It provides cross-country comparative material, including western legal education systems, and particularly detailed coverage of Japan.
Author | : Geraldine Carney |
Publisher | : Taylor & Francis |
Total Pages | : 112 |
Release | : 2024-06-13 |
Genre | : Law |
ISBN | : 104003716X |
Japan has faced widespread scrutiny for failing to properly address international parental child abduction involving its citizens. This book examines how and why Japan has come to have this tarnished image, its response, and how it might manage these disputes in the future. In particular, the book explores how Japan engages with international legal frameworks to manage international parental child abduction and what this means, in reality, for Japanese people and others who come under its wide umbrella. A focus of this examination is how the key international treaty, the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, has fared since being introduced in Japan in 2014. Case studies of parental child abduction involving Japan are used throughout to illustrate the legal and social concepts discussed in the book. The struggles of both abducting and left-behind parents across fluid international borders reveal seismic social and philosophical shifts in Japan that continue to shape its legal landscape. This book will be a useful resource for students of Japanese Studies, Sociolegal Studies, Comparative Law and International Law.
Author | : Julio César Rivera |
Publisher | : Springer Science & Business Media |
Total Pages | : 477 |
Release | : 2014-02-04 |
Genre | : Law |
ISBN | : 9400779429 |
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.
Author | : Nari Lee, Niklas Bruun |
Publisher | : Edward Elgar Publishing |
Total Pages | : 411 |
Release | : 2016-01-29 |
Genre | : Law |
ISBN | : 1783478217 |
Intellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China. The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation. Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.
Author | : Zentaro Kitagawa |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Civil law |
ISBN | : |
Developments of the law in Japan and in Germany provide ample reason for an inquiry into "The Identity of Japanese and German Civil Law". Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as "theory reception" (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of "consumer law" - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a "Europeanization" of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the "Germany Year in Japan". In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.
Author | : Tommaso Beggio |
Publisher | : Universitatsverlag Winter |
Total Pages | : 0 |
Release | : 2018 |
Genre | : Law teachers |
ISBN | : 9783825368845 |
This book aims to investigate the life and work of Paul Koschaker (1879-1951), who was one of the most prominent legal historians during the first half of the 20th century. From the 1930s onwards, Koschaker is renowned for having attempted reaffirm the authority of Roman law, which was experiencing a major crisis at German universities at the time, mainly due to the Nazi regime's disdain for this subject. Above all, he intend to emphasise the role Roman law played as a cornerstone of European legal tradition, as was masterfully depicted in his book 'Europa und das romische Recht'. Moreover, Koschaker had many other areas of interest throughout his career, such as cuneiform laws and comparative legal history issues. This work in particular attempts to provide the first comprehensive study of Koschaker's biographical experiences, as well as his scientific and academic stances, which have come to light as a result of the discovery and analysis of numerous previously unpublished archival sources.
Author | : Rajendra Akerkar |
Publisher | : Springer |
Total Pages | : 92 |
Release | : 2018-08-11 |
Genre | : Business & Economics |
ISBN | : 331997436X |
This book offers a practical guide to artificial intelligence (AI) techniques that are used in business. The book does not focus on AI models and algorithms, but instead provides an overview of the most popular and frequently used models in business. This allows the book to easily explain AI paradigms and concepts for business students and executives. Artificial Intelligence for Business is divided into six chapters. Chapter 1 begins with a brief introduction to AI and describes its relationship with machine learning, data science and big data analytics. Chapter 2 presents core machine learning workflow and the most effective machine learning techniques. Chapter 3 deals with deep learning, a popular technique for developing AI applications. Chapter 4 introduces recommendation engines for business and covers how to use them to be more competitive. Chapter 5 features natural language processing (NLP) for sentiment analysis focused on emotions. With the help of sentiment analysis, businesses can understand their customers better to improve their experience, which will help the businesses change their market position. Chapter 6 states potential business prospects of AI and the benefits that companies can realize by implementing AI in their processes.
Author | : Eric Hilgendorf |
Publisher | : Nomos Verlag |
Total Pages | : 140 |
Release | : 2018-03-02 |
Genre | : Law |
ISBN | : 3845289309 |
Neue Technologien bedeuten neue Herausforderungen für das Recht. Das Internet ist kein Neuland mehr, kritische Themen wie Cyberattacken, Privatsphäre, der Schutz Minderjähriger oder auch das Cloud Computing sind jedoch keinesfalls ausdiskutiert. Die zunehmende Digitalisierung und Technisierung beschränkt sich nicht auf das World Wide Web. Der automatisierte Straßenverkehr ist ein ebenso zukunftsweisendes Thema, dessen Entwicklung rechtlich begleitet werden muss. Im vorliegenden Band sind Forschungsarbeiten von Rechtwissenschaftlern aus Deutschland, den USA, Kanada und Griechenland zusammengefasst. Die von Prof. Eric Hilgendorf und Prof. Susanne Beck herausgegebene Reihe Robotik und Recht widmet sich der Diskussion praxisrelevanter Rechtsfragen zu Robotik, Technisierung und Digitalisierung. Mit Beiträgen von Prof. Eric Hilgendorf, Prof. Susanne Beck, Prof. Mark Kende, Prof. Ari Ezra Waldman, Prof. Maria Kaiafa-Gbandi, Prof. Sara Sun Beale and Peter Berris, Prof. Frank Peter Schuster