Kenji Saigusa et al., Contract Law in Japan (Wolters Kluwer, 2018)
By Hiroo Sono, Luke Nottage, Andrew Pardieck, Kenji Saigusa
Contributing to the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Japan covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes the major 2017 reforms to the Civil Code.
An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
TABLE OF CONTENTS
List of Abbreviations
Introduction to the Law of Contracts
Part I. General Principles of the Law of Contract
Chapter 1. Formation
Chapter 2. Conditions for Substantive Validity
Chapter 3. The Contents of a Contract
Chapter 4. Privity of Contract
Chapter 5. Termination of the Contract
Chapter 6. Remedies
Part II. Specific Contracts
Chapter 1. Agency
Chapter 2. Deposit
Chapter 3. Aleatory Contracts
Chapter 4. Sale of Goods
Chapter 5. Building Contracts, Hire of Work and Skills
Chapter 6. Leases
Chapter 7. Compromise
Chapter 8. Guarantee Contract
Chapter 9. Pledge
Chapter 10. Loans
Chapter 11. Government Contracts
Chapter 12. Partnership Contract
Chapter 13. Quasi-contracts
Kluwer Law International
Link to Japanese page.