バブル崩壊後の民法

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In the first place, this research paper deals mainly with a special law including the material civil law enacted or amended in the past one or two years and the amendment of the Civil Code, the principle of the change of circumstances and a suit for unlawful occupation and then points out the problem of marriage of the same sex, a problem, a likely subject for the 21st century, of the liability for a breach of promise of marriage and of the relationship between the cause of a divorce and compensations for a divorce and then studies the legal measures toward the 21st century. In the former part, the paper takes up the laws relative to the protection of consumers which are more or less related to the burst of the bubble economy and the principle of the change of circumstances and a suit for unlawful occupation, both of which are closely connected with the burst of the bubble economy and the question of the revision of the Civil Law. Though the revision of the Civil Law has no relation with the burst of the bubble economy, it is inevitable to deal with this matter as a major legislation event to be recorded in the history of Japan's Civil Code revised after the burst of the bubble economy. In this revision, the portion of "capability" in the section of the general provisions of the civil code was revised extensively and the portion of "guardianship" in the section of kinship was also revised on the basis of the new concept of respect for self - reliance and self - determination, making the most of the remaining capability and normalization and with reference to the revised law(1990)of the Province of Quebec, Canada, a law of French origin. Besides this legal guardianship system, a voluntary guardianship system is also established. In the latter part, while the reform of the family law in various countries of the world is being progressed in a similar manner as a result of globalization of social conditions, a study is made of the question of the protection of marriage of the same sex, which will be a major issue in the 21st century also in Japan and the problem of compensations for divorce and further the liability for a breach of promise of marriage, particularly its present day significance.
2000-11-15

著者

小野幸二
大東文化大学

バブル崩壊後の民法

スポンサーリンク

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