Die Internationalisierung des Vertragsrechts und das japanische Recht

Abstract

SUMMARY

In this contibution, the author looks at Japanese law from the perspective of the internationalization of contract law. The Vienna Convention (CISG) became effective in Japan on 1 August 2009 and both comparative law and questions of international and regional harmonization of laws have been playing a decisive role during present efforts to reform the Japanese Civil Code, especially the law of contract. Against this background, goals and scope of the ongoing reform as well as the mode of participation of legal scholars in the discussion are presented. Furthermore, the author deals in depth with the CISG and its relevancy for Japanese law and European consumer law. He discusses the success of this international body of legislation and the influence it has had on the German reform of the law of obligations. The author comes to the conclusion that there is an urgent need to reform Japanese contract law. Efforts to modernize the existing legal framework should not only make use of Japanese experiences and be limited to merely solving existing problems. The reform perspective should rather be comparative and examine different laws carefully. The legislator should implement forward-looking rules that satisfy the needs of an increasingly globalized society.
(The Editors)