| Project/Area Number |
13620013
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Tokyo Metropolitan University |
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Principal Investigator |
MIZUBAYASHI Takeshi Tokyo Metropolitan University, Low, professor, 法学部, 教授 (70009843)
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| Project Period (FY) |
2001 – 2002
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| Project Status |
Completed (Fiscal Year 2002)
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| Budget Amount *help |
¥2,700,000 (Direct Cost: ¥2,700,000)
Fiscal Year 2002: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2001: ¥1,900,000 (Direct Cost: ¥1,900,000)
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| Keywords | Civil law / Commercial law / Code Napoleon (Civil) / Code Napoleon (commercial) / Boissonade / HOZUMI Nobushige / modern law / capitalism / 土地法 / フランス / 日本 / 中国 / 比較法 / フランス法 / 梅謙次郎 / 土地所有 / 資本 |
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| Research Abstract |
"Civil law and commercial law in japanese modern legal system"
This paper pointed out the characteristics of the relation between civil law and commercial law in Japanese modern legal system. Code civil and Code commercial in France as a typical modern law were qualitatively different in principle. The former was made for citizens, and the latter for marchants. In modern Japan, however, Civil law was characteristic of commercial law.
"19 century in law"
This paper treats the thought of Boissonade (who drafted the former Code civil for Japan) and HOZUMI Nobusige (who was the leader of drafting committee for the current Code civil). Boissonade understanded that civil law was legislated not for marchants but for citizens and one of purposes was to guarantee security of the poor after the model of Code Napoleon. In contrast with him, HOZUMI admitted that citizens lived in a world where the stronger prey upon the weaker and civil law aimed at providing security of the properties for the rich as a winner in a competitive society.
The above-mentioned two papers demonstrated that the relation of civil law and commercial law in modern Japan differed profoundly from one in modern France. The economic foundation of modern French Law was pre-capitalism. In marked contrast with this, two laws in modern Japan were made with the intention of forming a capitalistic society.
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