Comparative Consumer Law

Civil Law reform in Japan

March 14, 2009 · Leave a Comment

Actual work of civil law reform is carried by the civil law reform review panel; it had formed in 7th October 2006. The panel is going to compile and publish a draft of law reform up to the end of March 2009; it publishes an interim report concerning discussed articles in web-site continually.

Our civil code had been enacted in Meiji era, based on a statutory law regime in Garman Law and French Law; it is different from case law regime such as UK or US. 

Whilst Family Law and Inherit Law were changed under pressure of victorious nations such as U.S after Japan was defeated the world war second, other components and structure have not been changed a hand read year except wording from old Japanese to modern language.

The panel is planning to build the Consumer Contract Law onto the Civil Law.  As long as the published interim report, the contents of the law reform seems to follow the Garman Civil Code,  BGB,  in both a framework and a component of articles.

The civil cord reform may be necessary for making accordance with the stabilized precedents partly. However, I do not agree to build a consumer protection law onto the Civil Code. Whilst coherent consumer protection regime  should be accomplished through fixing a fragmentation among current consumer protection regulations, to build some article concerning consumer protection onto the civil code shall impair to establish a comprehensive consumer protection law and its interpretation not conflicted.

Anyway, I would like to introduce the progressing law reform, relating to consumer protection regulation so far.

Categories: civil law reform