Die Schuldrechtsreform in Japan – betrachtet aus dem Blickwinkel der Kodifikationsidee –
Abstract
This contribution discusses the ongoing reform of the law of obligations in Japan. Initiated by the Minister of Justice, the reform started in October 2010 with the establishment of the so-called Commission for Civil Law (Law of Obligations). First results are already presented. The author begins with comparing the structure of the Japanese Civil Code, the Minpô, to the German Civil Code, the BGB. Thereafter a brief overview of the reform proceedings is given before the author analyses the discussion about the reform. His analysis concentrates on the fundamental criticism that there is no need for reforming the Civil Code now. But, as is shown, both, the promoters of the reform as well as its critics, agree on two fundamental policy considerations: “If it ain’t broke, don’t fix it“ and, second, that a reform should by made “of the people, by the people, for the people”. The main distinction between the two opposing views is thus a different view on the question whether the Minpô has become dysfunctional and whether a reform of the Code would benefit the ordinary citizens. The author discusses this question with reference to the general idea and concept of codified law.
(The Editors)