The legal principles of commercial law as illustrated by the case

Author: Ma Tai Guang
Publisher:
Publishing Date: 2005-03-01
Features: This book is translated from the Supreme Court of Japan's judgments related to commercial law, which are excerpted from the Supreme Court of Japan's Civil Judgment Summaries (Commercial Law Edition), the Supreme Court of Japan's High Court Civil Judgment Summaries, and the Index of Supreme Court of Japan's Judgments, Volumes 52-58, with the consent of the Supreme Court of Japan. The book is divided into four parts.
1. Preface by the Translator introduces judgments, case law, statutes, the effect of judgments, the significance of case study, case summaries, the commercial law principles reflected in judgments, amendments to Japanese commercial law, and lessons for China.
2. Case Summaries of Japanese Commercial Law Cases The case summaries are arranged in the order of commercial law articles, and within the same article, they are arranged by the date of judgment. The text after "★" is the case law confirmed by the judgment, which can also be considered the title. Below the title is the judgment summary. The judgment summary is followed by the source. The judgments of the Japanese courts are lengthy, but the case summaries are concise and highlight legal provisions, factual relationships, key issues, reasoning, and judicial interpretations. Case summaries are primarily used for study and research. This book is a comprehensive summary of case summaries, providing an overview of the entire panorama of Japanese commercial law cases, examining commercial litigation activities, and exploring the essence of commercial law theory. The case summaries in this book are important judgments of the Supreme Court of Japan, which are authoritative. Japan has both codified laws and recognizes the legal effect of case law. Case law related to commercial law has become part of commercial law, supplementing the shortcomings of statutes, especially the judgments of the Supreme Court, which have the same effect as interpretations by the Supreme People's Court of China. The commercial law cases 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 cases, showing the evolution of case law over time. The "theory of denying corporate personality," "scope of applying laws when holding directors accountable," "business judgment rule," and "auxiliary participation of the company in shareholder representative lawsuits" established in the cases are all commercial law principles confirmed by case law without being stipulated in statutes, supplementing the shortcomings of statutes.
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 also included the newly amended Japanese Commercial Code of June 9, 2004, for reference. Thus, this 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 case summaries of commercial law, and can also provide useful reference and guidance for legal workers, teachers and students in economic institutions, enterprises and individuals, as well as the theoretical and practical communities. It is hoped that China can publish case summaries with high theoretical standards, and the Supreme People's Court should transition to systematically editing and publishing case summaries to improve the level of China's legal system.
4. Index of Judgment Dates Arranged in chronological order by judgment date for easy reference.