Internationale Reformen des Verjährungsrechts und die japanische Neuregelung in den Artikeln 144 ff. Minpō 2020

Abstract

In a number of countries the law of prescription (limitation of actions) in recent years has been subject of reform, this in Germany in 2002 and in France in 2007. In addition, European and international Principles of Contract Law have been elaborated which also cover prescription. The article analyzes the rules of the new Minpō 2020 on prescription on a comparative basis. It is shown that parts of the traditional structure have been maintained, but in many respects modern international trends are followed. This is true especially for the adoption of a system combining short subjective periods with parallel long objective maximum periods. But on certain points there are also interesting differences. Time will show whether the new rules prove good in practice.