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Business Law In Japan Cases And Comments

Author: Moritz Bälz
ISBN: 9789041138910
Size: 40.97 MB
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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

Die Verj Hrung Im Japanischen Zivilrecht Und Ihre Reform

Author: Yohei Nagata
Publisher: Mohr Siebeck
ISBN: 9783161551772
Size: 24.37 MB
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Die Untersuchung der Verjahrung im japanischen Zivilrecht ist aus deutscher Sicht von besonderem Interesse. Das japanische Verjahrungsrecht weist namlich viele Gemeinsamkeiten, aber auch viele Unterschiede zum deutschen Recht auf. Beispielsweise fuhrt der Eintritt der Verjahrung nach japanischem Recht nicht bloss zur Undurchsetzbarkeit, sondern zum Fortfall des Anspruchs. Ein anderes Beispiel ist die Tatsache, dass nach japanischem Recht der Eigentumsherausgabeanspruch nicht der Verjahrung unterliegt. Ist die Unverjahrbarkeit des Vindikationsanspruchs auch ein Vorbild fur Deutschland im Hinblick auf den verfassungsrechtlich garantierten Eigentumsschutz? Yohei Nagata untersucht eingehend das japanische Verjahrungsrecht auf rechtsvergleichender Grundlage. Kritisch wurdigt er aber auch die anstehende Reform des Verjahrungsrechts im Rahmen der umfassend angelegten Schuldrechtsmodernisierung in Japan.

The Principles Of European Contract Law And Dutch Law A Commentary

Author: Ewoud H. Hondius
Publisher: Kluwer Law International B.V.
ISBN: 9041117490
Size: 25.22 MB
Format: PDF, Kindle
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The topic of harmonisation of European private law, and European contract law in particular, is rapidly gaining in importance. The topic is not only widely studied by academics and students all over Europe (and even beyond), it is also on the political agenda of the European Parliament, the European Commission, and the European Council. The most important achievement in this field is no doubt the Principles of European Contract Law (PECL), drafted by the Commission on European Contract Law. The European Commission considers the PECL to be a serious option for further harmonisation of European contract law within the European Union. This publication is the first to provide a systematic overview of the PECL in comparison with Dutch contract law as a whole. The book is concise and because of its structure it is easily accessible. Amongst the contributors there are many highly distinguished contract law specialists. It may be used at universities in courses on Comparative Law, European Private Law, and European Contract Law. It may also be used by international practitioners, foreign students, and academics interested in Dutch contract law who do not have access to Dutch contract law because they have no knowledge of the Dutch language. Last but not least, the book will be of interest to all jurists interested in the harmonisation of the European Private Law.

Japanese Copyright Law

Author: Peter Ganea
Publisher: Kluwer Law International B.V.
ISBN: 9041123938
Size: 69.73 MB
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In all major industrialised countries, copyright law has fundmentally changed in the last 15 years due to the digital age, the TRIPS Agreement and the WIPO Copyright Treaties. Japan is no exception, and both legislation and case law have been most active within this period of time. Copyright Law in Japan contains up-to date information on such difficult issue as the new distribution right for copyright works, frictions between private and public interest, provisions on anti-circumvention devices, contributory infringement in a digital and non-digital environment, calculation of damages in copyright infringement cases, the fundamental of moral rights protection and the work quality of video games. The book is written by a number of leading Japanese and Max Planck academics, and Japanese practitioners, and thus combines practical knowledge with academic standards. The book contains the following chapters:Copyright Hirstory;General Introduction;Protected Works;Copyright Ownership;Moral Rights;Economic Rights and Limitations;Copyright Contract Law;Neighbouring Rights;The Enforcement of Copyrights. The book is a must for all copyright owners concerned about their rights in Japan, and for private practitioners counselling their clients on potential strategies of marketing copyright material and enforcing copyrights in the Japanese market.

The Enforcement Of Intellectual Property Rights

Author: L.T.C. Harms
Publisher: WIPO
ISBN: 9280522493
Size: 51.54 MB
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With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.

Japanese And European Private International Law In Comparative Perspective

Author: Jürgen Basedow
Publisher: Mohr Siebeck
ISBN: 9783161495472
Size: 71.37 MB
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The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.

The Law Market

Author: Erin A. O'Hara
Publisher: Oxford University Press
ISBN: 9780199718481
Size: 74.92 MB
Format: PDF
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Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.