The role of judicial precedents in the Japanese law-making process – On the Japanese Civil Code (law of obligation) Reform

Parts of Japan’s Civil Code relating to law of obligations were revised on 26 May 2017, and will become effective on 1 April 2020. This seminar  analysed the function of the hanrei (judge-made law) in the law-making process in Japan based on the relationship between hanrei and law-making in a statute based law country. It is generally understood that this Civil Code revision was drafted for easier understanding of the Civil Code by the general public, and to implement the hanrei into the legislation. However, the relationship of the hanrei with the legislation and the theory are more complex. This seminar  segregated each component and presented the overview structure of the revision of law of obligations, and discussed whether it achieved easier understanding of Civil Code of the general public.

Presenter: Professor Yachiko Yamada
Professor of Chuo Law School (Legal Philosophy, Contract Law), Attorney (Qualifications: Admitted in Japan 1988）