More than 120 years have passed since the Japanese Commercial Code was enacted in 1899. Throughout this period both the Code and its characteristics have significantly changed by major revisions including separation of the important parts, such as the regulations of corporations, the bills and checks, and insurance contracts. In light of the current status, this paper explores the structure and key concepts of Japanese Commercial Law. The main research themes are as follows.（1）The situations of the commercial legislation in Japan prior to the enactment of the Japanese Commercial Code, and the history of the development of the Japanese commercial law system.（2） The basic structure of the Japanese Commercial Code, and two key concepts of the Code : merchants and commercial transactions. Some issues of the definition of merchants will be discussed here.（3）The theories for understanding the core subject of commercial law jurisprudence in Japan, and the structure of current legal rules regarding Japanese business transactions and organizations.（4）The comprehensive approach, including the introduction of new concepts such as business entity and economic business, to absorb the regulations of the Commercial Code for commercial transactions into the Japanese Civil Code. The approach and related provisions had been proposed in the advisory committee of the Ministry of Justice for the revision of Japanese Civil Code in 2017, but ultimately were not adopted.

一橋大学大学院法学研究科

2020-03-10

Japanese(jpn)

departmental bulletin paper

VoR

10.15057/31120

1347-0388

AA1161370X

一橋法学

19

1

203

242

19巻1号(2020.3)

https://hdl.handle.net/10086/31120