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Japanese Private International Law


ISBN13: 9781509924295
Published: October 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £150.00



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This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

Subjects:
Other Jurisdictions , Japan
Contents:
Table of Abbreviations
Table of Cases
1. Introduction
1. The Subject Matter of Private International Law
2. Sources of Private International Law
3. History of Private International Law in Japan
4. Preliminary Matters
5. Connecting Factors
6. Substance and Procedure
7. Proof, Ascertainment and Application of Foreign Law
8. Mandatory Rules, Ordre Public, Escape Clauses and Evasion of Law
2. Jurisdiction
1. General Principles
2. Civil and Commercial Matters
3. Status and Family Matters
4. Other Matters
5. Immunities from Jurisdiction
3. Choice of Law
1. Persons
2. Law of Obligations
3. Law of Property
4. Intellectual Property
5. Family and Succession Law
6. Insolvency Law
7. Competition Law
4. Recognition and Enforcement of Foreign Judgments
1. Recognition
2. Enforcement of Judgments
3. Recognition of Foreign Insolvency Proceedings
5. Arbitration and Mediation
1. International Commercial Arbitration
2. Investment Arbitration
3. Mediation
6. The Harmonisation of Private International Law
1. Japan's Role in the Work of the Hague Conference, UNCITRAL, UNIDROIT and Other Organisations
2. The Future of Private International Law
Glossary
Bibliography
Index

Series: Studies in Private International Law - Asia

Hong Kong Private International Law ISBN 9781509956470
To be published December 2024
Hart Publishing
£160.00
Treatment of Foreign Law in Asia (eBook) ISBN 9781509956562
Published October 2023
Hart Publishing
£117.00
(ePub)
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Treatment of Foreign Law in Asia ISBN 9781509956555
Published October 2023
Hart Publishing
£130.00
Indian Private International Law (eBook) ISBN 9781509938209
Published October 2021
Hart Publishing
£135.00
(ePub)
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Japanese Private International Law (eBook) ISBN 9781509924318
Published October 2021
Hart Publishing
£135.00
(ePub)
Buy
Indian Private International Law ISBN 9781509938186
Published October 2021
Hart Publishing
£150.00
Direct Jurisdiction ISBN 9781509936427
Published August 2021
Hart Publishing
£140.00
Direct Jurisdiction (eBook) ISBN 9781509936441
Published August 2021
Hart Publishing
£126.00
(ePub)
Buy
Chinese Private International Law ISBN 9781509924370
Published May 2021
Hart Publishing
£160.00
Chinese Private International Law (eBook) ISBN 9781509924394
Published May 2021
Hart Publishing
£144.00
(ePub)
Buy
Indonesian Private International Law (eBook) ISBN 9781509924356
Published March 2021
Hart Publishing
£135.00
(ePub)
Buy
Indonesian Private International Law ISBN 9781509924332
Published March 2021
Hart Publishing
£150.00