Abstract
Despite the fact that the Japanese legal system is based on legal provisions, the precedent law plays an essential role in this country. Therefore, judicial judgments exert impact on both the judicial and the academic practice. The author analyses the role of precedents in the law-making process with regard to the reform of the Japanese Civil Code and presents prospective changes as well. The ongoing discussion on the amendments to the Civil Code is justified by the fact that since the new provisions of law were adopted, numerous precedents have been established, which needs to be taken into consideration.
Highlights
The Japanese legal system is based on statutory laws
What is the relation between judicial precedents and statutory laws in the Japanese legal system? This paper aims to examine the role of precedents in legal system based on statutory laws
Japanese judicial precedents concerning the Civil Code are considerably important to the application of law
Summary
M Despite the fact that the Japanese legal system is based on legal provisions, the precedent law plays an essential role in this country. Judicial judgments exert impact on both the judicial and the academic practice. The author analyses the role of precedents in the law-making process with regard to the reform of the Japanese Civil Code and presents prospective changes as well. The ongoing discussion on the amendments to the Civil Code is justified by the fact that since the new provisions of law. U were adopted, numerous precedents have been established, which needs to be taken into consideration.
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