HISTORICAL FOUNDATION OF THE JAPANESE CIVIL CODE

点击翻译按钮获取中文摘要

It is well known that the former Japanese Civil Code had been codified based on Boissonade's draft modeled on the French Code civil. Then, after going through so-called "Controversy about the codification", the Japanese Civil Code, as it stands, is codified with referring the drafts of the German Civil code. Therefore, on close examinations of the principles and rules adopted in the Japanese Civil Code, it appears that they come from the European tradition in the civil law, which goes back to the roman law.Each investigators of our project worked on the origin and development of the principles and rules adopted in the Japanese Civil Code. And we conducted the international symposium on the subject of "A Century of the Japanese Civil Code Its History in International Context" in Fukuoka from Sept. 9 for three days in 1998. With 6 German and 4 French scholars, we compared the Japanese Civil Code with the European tradition in the civil law from diverse viewpoints.We plan to publish our study in this symposium by November 1999 both in the Japanese edition and the foreign languages version.