The commercial legal principles demonstrated by the case (Essentials of Supreme Court of Japan Commercial Cases 1992-2004)

Author: Ma Tai Guang (Compiler)
Publisher:
Publishing Date: 2004-12-01
Features: This book is translated from the Supreme Court of Japan's civil judgments related to commercial law, which are excerpted from the Supreme Court of Japan's Civil Judgment Summaries (Supreme Court of Japan Civil Judgment Summaries [Commercial Law Edition]), Supreme Court of Japan's High Court Civil Judgment Summaries, and the Index of the Supreme Court of Japan's Civil 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, judgment law, statutes, the authority of judgments, the significance of judgment research, judgment summaries, the commercial law principles reflected in judgments, amendments to Japanese commercial law, and lessons for China.
2. Japanese Commercial Law Judgment Summaries The judgment 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 be considered the title. Below the title is the judgment summary, followed by the source. Japanese court judgments are lengthy, while judgment summaries are concise, highlighting legal provisions, factual relationships, key disputes, judgment reasoning, and the focus of judicial interpretation. Learning and research primarily use judgment summaries. This book provides a comprehensive overview of Japanese commercial law judgment 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 both enacts statutes and recognizes the legal effect of judgments. 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 judicial interpretations by China's Supreme People's Court. The commercial law judgments in this book span four decades (1962–2004) of Japan's economic recovery, growth, bubble, and stagnation periods, up to the present, including the latest commercial law judgments, reflecting the temporal changes in commercial law judgments. The "theory of denying corporate personality," the "scope of applying laws when holding directors accountable," the "business judgment rule," and the "auxiliary participation of the company in shareholder representative lawsuits" established in the judgments are all commercial law principles confirmed through judgments, supplementing the shortcomings of statutes.
3. Newly Amended Japanese Commercial Code Since judgment summaries are arranged by commercial law articles, for the convenience of Chinese readers, the translator has included a newly amended Japanese Commercial Code dated 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 judgment summaries and can serve as a valuable reference for legal professionals, faculty and students of economic institutions, enterprises 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 can transition to systematically editing and publishing judgments to enhance the country's legal system development.
4. Index of Judgment Dates Arranged in chronological order by judgment date for easy reference.