Law

Private International Law in Japan 2nd Edition

By Jun Yokoyama
Kluwer Law International December 2019

Specifications

ISBN-13
9789403519425
Publisher
Kluwer Law International
Publication
December 2019
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Japan. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert.

Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Japan. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

Table of Contents

General Introduction
Part I. General Principles (Choice of Law Technique)
Chapter 1. Sources of PIL
Chapter 2. Determination of the Applicable Law
Chapter 3. Basic Terms
Part II. Conflict of Law Rules
Chapter 1. Persons
Chapter 2. Obligations
Chapter 3. Property
Chapter 4. Intangible Property Rights
Chapter 5. Family Law
Chapter 6. Succession Law
Part III. International Civil Procedure
Chapter 1. Sources of ICP
Chapter 2. The Principle of Lex Fori
Chapter 3. National Jurisdiction
Chapter 4. International Jurisdiction
Chapter 5. Recognition and Enforcement of Foreign Decisions
Chapter 6. International Insolvency Law
Chapter 7. International Arbitration
Annex: National Legal Sources
Selected Bibliography
Table of Cases
Table of Principal Japanese PIL Statutes
Table of International Treaties
Index
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