Reform of the Japanese Civil Code – The Interim Draft Proposal of 2013

Abstract

SUMMARY

In her presentation the author discusses the developments that led to the enactment of the present Japanese Civil Code, the background of the deliberations regarding the reform of the Civil Code, and gives an outline of some prominent items of the Interim Draft Proposal of 2013. The lecture begins by briefly describing the circumstances under which the existing Japanese Civil Code was enacted at the end of the 19th century, taking influences by the French and German Civil Codes into account. Subsequently, the various reasons, which led to discussions about necessity of reform, are given. The objectives of the reform to corresponding to changes in the society and economy and to making the Civil Code comprehensible to the people in general are introduced and the course of deliberations is presented. Based on this background information, the author draws attention to some especially important items of the Interim Draft Proposal 2013, namely changes regarding provisions on juristic acts, prescription, performance and non-performance of obligations, guarantee, regulation of standards clauses and two special types of contracts. The presentation ends by emphasizing the necessity of reform, criticizing the fact that certain issues have been eliminated from the agenda, and expressing hope that a revised Civil Code can be enacted in the near future thereby contributing to smoother transactions in society.
(The Editors)