Die Modernisierung des Rechts der Willenserklärungen in Japan
Zur Reform der Irrtumsregelungen unter der Berücksichtigung der Novellierung des Verbrauchervertragsgesetzes, des Handelsgeschäftegesetzes und des Gesetzes über elektronische Verträge
Abstract
This article discusses the changes in the regulation of declarations of intentions, in particular of mistakes, brought about by the reform of the Japanese Civil Code. In addition, the regulation for consumers found in the Consumer Contract Law, in the Act on Specified Commercial Transactions, and those of the Act on Special Provisions to the Civil Code Concerning Electronic Consumer Contracts and Electronic Acceptance Notice are discussed.
First, the reform law is examined by comparing the provisions before and after the reform. The focus is on the two kinds of mistakes: as to the declaration, and as to the motive, both of which are now explicitly contained in the new Art. 95 para. 1 Civil Code. Second, the reform of the Consumer Contract Law in 2016 has facilitated the consumer’s avoidance of declarations of intention with respect to three circumstances: excessive volume or duration contracts, i.e., contracts in which the consumer purchases an unreasonable amount of the merchant’s products; where the consumer repeatedly concludes contracts of similar content with the merchant; or where the merchant has made false statements with respect to essential facts. A third change concerns the Act on Specified Commercial Transactions and bad faith conduct by merchants. This affects unsolicited advertisement sent via fax on the one hand, and excessive volume contracts concluded via telephone on the other.
Another important point of the reform of the Civil Code concerns the time of coming into effect of declarations of intentions. The abolishment of the dispatch rule currently found in Art. 526 para. 1 of the Code affects the Electronic Consumer Contracts Law, in that its Art. 4, foreseeing an exception to that provision, will become superfluous and is to be deleted.
The contribution concludes by contemplating ongoing discussions and future challenges in the regulation of this area.
(The Editors)
