Principle of Commercial Law Demonstrated in the Case: Key Points of the Supreme Court of Japan Commercial Law Case: 1992~2004

Author: Ma Tai Guang
Publisher:
Publishing Date: 2004-12-01
Features: This book is translated from the Supreme Court of Japan's judgments related to commercial law, which are included in the Supreme Court of Japan's Judgment Collection (Civil) Key Points [Commercial Law Edition], Supreme Court of Japan's High Court Civil Key Points Collection, and the index of Supreme Court of Japan's Judgment Collection, Vol. 52–58, with the consent of the Supreme Court of Japan. The book is divided into four parts.
1. Preface by the Translator: The preface introduces judgments, case law, statutes, the effect of judgments, the significance of case study research, case summaries, the commercial law principles reflected in the judgments, amendments to Japanese commercial law, and lessons for China.
2. Key Points of Japanese Commercial Law Judgments: The case summaries are arranged in the order of commercial law articles, and within the same article, they are ordered by the date of judgment. The text following the "★" symbol confirms the facts and legal principles of the judgment, which can also be considered the title. Below the title is the judgment summary. The judgment summary is followed by the source. Japanese court judgments are lengthy, but the case summaries are concise, highlighting legal provisions, factual relationships, key issues, reasoning, and judicial interpretations. Case summaries are primarily used for study and research. This book provides a comprehensive overview of Japanese commercial law case summaries, allowing readers to grasp the full picture of Japanese commercial law judgments, examine commercial litigation activities, and explore the essence of commercial law theory. The judgments of the Supreme Court of Japan are authoritative, as Japan has both codified laws and recognizes the legal effect of case law. Commercial law judgments have become part of commercial law, supplementing the shortcomings of statutes, especially judgments of the Supreme Court of Japan, which have the same effect as interpretations by the Supreme People's Court of China. The commercial law judgments in this book span four decades of Japan's economic recovery, growth, bubble, and stagnation periods (1962–2004), up to the present, including the latest commercial law judgments, reflecting the temporal changes in commercial law cases. The legal principles established in the judgments, such as "denial of corporate personality," "scope of applying laws when holding directors liable," "business judgment rule," and "auxiliary participation of the company in shareholder representative lawsuits," are all commercial law principles confirmed through case law without being stipulated in statutes, thereby supplementing the shortcomings of codified laws.
3. Newly Amended Japanese Commercial Code: Since the case summaries are arranged by commercial law articles, for the convenience of Chinese readers, the translator has included the newly amended Japanese Commercial Code of June 9, 2004, for reference. Thus, the book is authoritative, academic, research-oriented, and practical. The original book in Japan is a must-have for legal practitioners and scholars of civil and commercial law. This compiled book aims to fill the gap in China's commercial law case summaries and can provide valuable references and insights for legal professionals, faculty and students in economic institutions, businesses and individuals, as well as the theoretical and practical communities. It is hoped that China can publish higher-level theoretical judgments and that the Supreme People's Court of China can transition to systematically editing and publishing judgments to improve the country's legal system.
4. Index of Judgment Dates: Arranged in chronological order, it is available for reference.