1998 Fiscal Year Final Research Report Summary

HISTORICAL FOUNDATION OF THE JAPANESE CIVIL CODE

Research Project

Project/Area Number	08302001
Research Category	Grant-in-Aid for Scientific Research (A)
Allocation Type	Single-year Grants
Section	一般
Research Field	Fundamental law
Research Institution	KYUSHU UNIVERSITY
Principal Investigator	NISHIMURA Shigeo KYUSHU UNIVERSITY,FACULTY OF LAW,PROFESSOR, 法学部, 教授 (30005821)
Co-Investigator(Kenkyū-buntansha)	NODA Ryuichi FUKUOKA UNIVERSITY,FACULTY OF LAW,PROFESSOR, 法学部, 教授 (30156210) TAKIZAWA Eiji KOBE UNIVERSITY,FACULTY OF LAW,PROFESSOR, 法学部, 教授 (10183451) OGAWA Kozo HOKKAIDO UNIVERSITY,FACULTY OF LAW,PROFESSOR, 法学部, 教授 (10142671) KODAMA Hiroshi KYUSHU UNIVERSITY,FACULTY OF LAW,PROFESSOR, 法学部, 教授 (70192060) KOUCHI Hiroshi KYUSHU UNIVERSITY,FACULTY OF LAW,PROFESSOR, 法学部, 教授 (40037073)
Project Period (FY)	1996 – 1998
Keywords	CIVIL CODE / JAPANESE CIVIL CODE / FRENCH CIVIL CODE / CODIFICATION / GERMAN CIVIL CODE / RECEPTION / ROMAN LAW / BOISSONADE
Research Abstract	It is well known that the former Japanese Civil Code had been codified based on Boissonade's draft modeled on the French Code civil. Then, after going through so-called "Controversy about the codification", the Japanese Civil Code, as it stands, is codified with referring the drafts of the German Civil code. Therefore, on close examinations of the principles and rules adopted in the Japanese Civil Code, it appears that they come from the European tradition in the civil law, which goes back to the roman law. Each investigators of our project worked on the origin and development of the principles and rules adopted in the Japanese Civil Code. And we conducted the international symposium on the subject of "A Century of the Japanese Civil Code Its History in International Context" in Fukuoka from Sept. 9 for three days in 1998. With 6 German and 4 French scholars, we compared the Japanese Civil Code with the European tradition in the civil law from diverse viewpoints. We plan to publish our study in this symposium by November 1999 both in the Japanese edition and the foreign languages version.