AGB-Kontrolle in Japan und Deutschland
Abstract
The contribution analyses the new regulation of standard contract clauses in Japan’s amended Civil Code of 2020. The basis of the analysis is a comparison of the Japanese provisions with corresponding German regulations as well as with some other national and international rules. The author welcomes the fact that Japanese lawmakers have opted for a general regulation of this important subject and not confined their efforts to the area of consumer protection. Nevertheless, he criticizes some inconsistencies, in particular the lack of rules for the interpretation of standard contract clauses and for closing gaps in contractual relations when clauses are found invalid.
(The Editors)