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Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 904114062X
Category : Law
Languages : en
Pages : 848
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Book Description
Compilations of cases with commentary – in Japanese Hanrei Hyakusen – often provide the most practical way to obtain a quick and reliable understanding of a specific field of law, as well as guidance on how best to proceed in specific situations. In this respect, leading cases much more than statutory provisions are essential for understanding the reality of Japanese commercial law. This incomparable book compiles 72 of the most important commercially relevant Japanese court decisions in the fields of civil law, labour law, company law, financial transactions, intellectual property, antitrust, conflict of laws, and arbitration. Each decision is presented in English translation and is accompanied by a practical and explanatory commentary by an expert in the field, be it from academia or private practice. There are 50 commentators in all, brought together here to honour the 60th birthday of Harald Baum, widely regarded as one of the world’s foremost scholars on Japanese business law. The cases encompass a wide reach of causes of action in fields such as: breach of contract; tort liability; product liability; unjust enrichment; collective bargaining; shareholders’ rights; directors’ duty of care; political donations; insider trading; patent infringement; parallel imports; trade mark rights; unfair competition; publicity rights; price fixing; arbitration agreements; and recognition of foreign judgements. Whether serving as practical guidance or as a basis for academic research, this compilation will be warmly welcomed by practicing lawyers, teachers and students of Japanese and international law, and all others who need to understand the various fields of Japanese commercial law.
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 904114062X
Category : Law
Languages : en
Pages : 848
Get Book
Book Description
Compilations of cases with commentary – in Japanese Hanrei Hyakusen – often provide the most practical way to obtain a quick and reliable understanding of a specific field of law, as well as guidance on how best to proceed in specific situations. In this respect, leading cases much more than statutory provisions are essential for understanding the reality of Japanese commercial law. This incomparable book compiles 72 of the most important commercially relevant Japanese court decisions in the fields of civil law, labour law, company law, financial transactions, intellectual property, antitrust, conflict of laws, and arbitration. Each decision is presented in English translation and is accompanied by a practical and explanatory commentary by an expert in the field, be it from academia or private practice. There are 50 commentators in all, brought together here to honour the 60th birthday of Harald Baum, widely regarded as one of the world’s foremost scholars on Japanese business law. The cases encompass a wide reach of causes of action in fields such as: breach of contract; tort liability; product liability; unjust enrichment; collective bargaining; shareholders’ rights; directors’ duty of care; political donations; insider trading; patent infringement; parallel imports; trade mark rights; unfair competition; publicity rights; price fixing; arbitration agreements; and recognition of foreign judgements. Whether serving as practical guidance or as a basis for academic research, this compilation will be warmly welcomed by practicing lawyers, teachers and students of Japanese and international law, and all others who need to understand the various fields of Japanese commercial law.
Author: Moritz Bälz
Publisher:
ISBN: 9789041138910
Category : Business enterprises
Languages : en
Pages : 0
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Book Description
Preface --Dedication --List of Authors and Editors --Civil Law --Civil Law - Contract Law - Nullity of Contracts (Juristic Acts) due to a Violation of Mandatory Public Law Provisions --Civil Law - Contract Law - Doctrine of Frustration - Change of Circumstances --Civil Law - M&A - Binding Nature of Letter of Intent - Obligation to Negotiate in Good Faith - Confidentiality Clause - Injunctive Relief --Civil Law - Contract Law - Breach of Contract - Damages - Liability for Acts of the Assistant --Civil Law - Contract Law - Purchase Contract - Extinctive Prescription for Damage Claims Under the Warranty against Defects --Civil Law - Case to Seek Return of Money Equivalent to Unjust Enrichment - Actio de in rem verso --Civil Law - Tort Law/Contract Law - Liability for a Breach of Pre-contractual, Contractual and Non-contractual Information Duties - Liability of Experts - Claim for Damages --Civil Law - Tort Law - Joint Tort Liability --Civil Law - Tort Law - Product Liability Law - Claim for Damages --Civil Law - Contract Law - Improper Solicitation Transaction - Improperness of Solicitation of Transactions with Elderly People --Civil Law - Consumer Contract Act - Case That Decided whether Gold Futures Prices Are 'Important Matters' under the Consumer Contract Act --Civil Law - Contract Law - Consumer Credit - Documentation Requirements - Return of Unjust Enrichment --Civil Law - State Compensation Law - State Liability - Extinctive Prescription --Labour Law --Labour Law - Freedom Related to Hiring - Length of Probation Period --Labor and Employment Law - Duty to Work Overtime -Termination for Cause - Abuse of Right - Section 36 Agreements - Collective Bargaining Agreements - Work Rules --Labor Law - Abuse of Employer's Right to Transfer Employees --Labor Law - Succession to Labor Contracts upon Company Split - Section 5 Consultations --Corporate Law, Financial Regulation, Insurance Law --Corporate Law - Book-Entry Transfer System for Shares - Minority Shareholders' Appraisal Right - Requirementto Make Individual Shareholder Notice --Corporate Law - Duty of Care - Greenmailing - Benefits Granted to Shareholders --Corporate Law - Business Judgment Rule - Derivative Action --Corporate Law - Financial Assistance by Stock Corporation to Associated Corporation - Directors' Duty of Care and Duty of Loyalty --Corporate Law - Director's Remuneration - Pension-Type Remuneration after Retirement - Unilateral Cancellationby the Company --Corporate Law - Absorption-type Merger - Fairness of Merger Ratio - Action Seeking the Invalidation of a Merger --Corporate Law - Fraudulent Incorporation-type Company Split - Right of Creditors to Seek Avoidance and Request Compensation from the New Company --Corporate Law - Company Split - Continued Use of Trade Name - Liability of Succeeding Company for Obligations of Splitting Company --Corporate Law - Absorption-type Merger, etc. - Appraisal Remedy - Determination of Fair Value --Corporate Law - MBO - Squeeze-out - MinorityShareholders' Appraisal Right --Corporate Law - Takeovers - Issuance of Share Options as Defence Measure - Principal Purpose Rule --Corporate Law - Takeovers - Defensive Measures -Equality of Shareholders --Corporate Law - Constitutional Law - Political Donations by Companies - Legal Capacity of Companies - Purpose of Companies --Banking Law - Definition of Banking - Meaning of 'Funds Transfer' - Legality of Money Transmittance Service on Behalf of Customer --Insider Trading - Decision Regarding Carrying Out a Tender Offer - Decision-Making Organ --Insurance Law - Non-Life Insurance - Accidental Nature of the Insured Event - Burden of Proof --Insurance Law - Life Insurance - Claim for Payment -Exemption due to Intentional Cause of Death --Intellectual Property and Competition Law --Patent Law - Limits of Patent Rights - National andInternational Exhaustion --Intellectual Property - Patent Law - Patent Infringement - Defence of Patent Exhaustion and Exceptions --Intellectual Property - Patent Law - Clinical Trials -Research Exception --Intellectual Property Law - Patent Law - Requirements for a Patent Term Extension of Pharmaceutical Patents --Intellectual Property - Patent Law - Interpretation of Patent Claims - Doctrine of Equivalents --Intellectual Property - Patent Law - Employees' Inventions - Company Rules - Reasonable Remuneration --Intellectual Property - Patent Law - Employees' Inventions - Reasonable Remuneration --Intellectual Property - Patent Law - Patent Infringement - Counterclaim of Invalidity --Copyright Law - Time- and Space-Shifting Broadcast -Right of Reproduction --Copyright Law - Re-Broadcasting of TV Programmes -Public Transmission --Copyright Law - Parodistical use - Right of Quotation - Fair Use --Copyright Law - Cinematographic Works - DistributionRight - Exhaustion --Copyright Law - Future Works - Injunctive Relief -Enforcement of Copyright --Trade Marks - Registrability - Secondary Meaning -Three-Dimensional Marks --Trade Mark Law - Similarity - Confusion --Trade Marks - Trade Mark Use - Confusion - Comparative Advertising - Well-Known Marks --Trade Mark Law - Abusive Registration of Well-KnownMarks - Foreign Marks --Trade Mark Law - Parallel Imports - Identity of Goods -Licensing Agreement - Counterfeit Goods --Protection of Legal Interests Not Explicitly Recognized by Statute - Tort and Intellectual Property Law --Copyright - Works of Applied Art - Law of Torts - Slavish Imitation - Unfair Competition Prevention - Designs --Publicity Rights - Personality Rights --Patent Law - Licensing Law - Exclusive Registered Licensee - Standing to Sue --Antitrust Law - Price Fixing - Administrative Guidance - Fair Trade Commission --Antitrust Law - Concerted Behaviour - Cartels - Patent Pools --Antitrust Law - Unfair Trade Practices - Resale PriceMaintenance - Private Enforcement --Part V: Conflict of Laws, Arbitration and Civil Procedure --Infringement of a US Patent - Patent Law - Applicable Law --Claim for the Interdiction of an Arbitration Procedure: Law Applicable to the Legal Capacity of a Company -Adoption of an Arbitration Agreement - Doctrineof Separability of the Arbitration Agreement fromthe Main Contract --Law Applicable to Maritime Lien --Calculation of Lost Income of Foreign Victim becauseof Accident in Japan --International Civil Procedure Law - State Immunity from Civil Jurisdiction - Restrictive Immunity Theory - Waiverfrom Immunity --International Civil Procedure Law - Jurisdiction - Place of Business of Corporations --International Civil Procedure Law, Recognition of Foreign Judgments, Punitive Damages --Recognition - Enforcement - Foreign Judgment - Indirect Jurisdiction - Service - Public Policy - Mutual Guarantee --Arbitration Law - Governing Law - Scope of Arbitration Agreement --Arbitral Award - Setting Aside - Appropriateness of Arbitral Tribunal's Reasons not Examinable by State Court - Impactof New Arbitration Law --Arbitration Law - Separability and Arbitrability -Terminated Contract --Disclosure of Documents for Internal Use --Table of Cases.
Author: Elliott J. Hahn
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 192
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Book Description
Elliott Hahn provides Western business leaders and their attorneys with an understanding of the complexities of the Japanese business and legal systems. It presents an overview of Japanese business law, a detailed analysis of the specific role of attorneys in Japan, and enlightenment on the Japanese legal interpretation of important issues such as anti-trust, contract, and patent and trademark laws. Hahn provides practical guidance for the Westerner on how to negotiate and act within the Japanese legal system and the specifics of Japanese business, licensing, and contract law. Finally, he gives the reader insights into many of the nuances underlying the beliefs, customs, modes of behavior, and values of the Japanese people. Tables, charts, and graphs complete this valuable information source.
Author: Joseph Ernest De Becker
Publisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 390
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Book Description
Author: Yukio Yanagida
Publisher: Harvard East Asian Legal Studies
ISBN:
Category : Commercial law
Languages : en
Pages : 596
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Book Description
Law and Investment in Japan introduces both Japanese law and the strategic issues that arise in cross-border transactions. Centered around the details of an actual joint venture between the U.S. and Japan, the book combines materials from the transaction itself with cases, statutes, and background data.
Author:
Publisher:
ISBN: 9784904936641
Category :
Languages : en
Pages : 265
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Book Description
Author: Hiroo Sono
Publisher: Kluwer Law International B.V.
ISBN: 940350742X
Category : Law
Languages : en
Pages : 268
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Japan covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Author: Mark D. West
Publisher: University of Chicago Press
ISBN: 0226894096
Category : Law
Languages : en
Pages : 294
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Book Description
Lawsuits are rare events in most people's lives. High-stakes cases are even less commonplace. Why is it, then, that scholarship about the Japanese legal system has focused almost exclusively on epic court battles, large-scale social issues, and corporate governance? Mark D. West's Law in Everyday Japan fills a void in our understanding of the relationship between law and social life in Japan by shifting the focus to cases more representative of everyday Japanese life. Compiling case studies based on seven fascinating themes—karaoke-based noise complaints, sumo wrestling, love hotels, post-Kobe earthquake condominium reconstruction, lost-and-found outcomes, working hours, and debt-induced suicide—Law in Everyday Japan offers a vibrant portrait of the way law intermingles with social norms, historically ingrained ideas, and cultural mores in Japan. Each example is informed by extensive fieldwork. West interviews all of the participants-from judges and lawyers to defendants, plaintiffs, and their families-to uncover an everyday Japan where law matters, albeit in very surprising ways.
Author: Curtis J. Milhaupt
Publisher: Foundation Press
ISBN:
Category : Law
Languages : en
Pages : 822
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Book Description
This casebook on Japanese Law has been specially designed for ease of use and theoretical versatility. Heavily-edited cases, statutes, and articles canvass a wide range of intriguing problems and theoretical perspectives. Professors will find that it facilitates a variety of analysis and approaches to a given question--whether sociological, anthropological, or based on law and economics. The book allows for in-depth coverage of a diverse range of substantive areas of law, from torts, criminal law, and contracts to employment and corporate law.
Author: CCH Asia Pte Limited
Publisher:
ISBN: 9784915845086
Category :
Languages : en
Pages : 471
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Book Description
