Page:The Green Bag (1889–1914), Volume 10.pdf/44

 Japan's New Law Code.

27

ese Parliament, on the ground that it had adopted in this part of the code. Part II gone too far in provisions which would Eu- is called ' Bukken,' or Jus in Rem, corres ropeanize the Japanese status of persons ponding to the Sachenrecht of the German and the law of succession — those matters code, and dealing with possession, owner affecting family relationships being of course ship, etc., etc. Part III is called ' Jinken,' always extremely delicate. At length a or Jus in Personam, corresponding to the new committee was appointed to further re Forderungsrecht of the German code, and vise this draft code, and it was instructed to dealing with general law of obligations, with report in 1897. The new committee in obligations arising ex contractu, quasi ex con cluded representatives of the three Euro tractu, and ex delicto. The general law of pean systems, and they made careful com obligations is taken largely from the For derungsrecht of the Swiss code. The law parison of numerous bodies of codified law. "As representing the French system they of contracts and torts is taken entirely from consulted the codes of Louisiana, Belgium, the English law. Parts IV and V, dealing France, Holland, Italy, Portugal and Spain. with the family law and the law of succes As representing the German system they sions respectively, have not as yet been consulted the codes and laws of Austria, published, for reasons already indicated." Montenegro, Prussia, Saxony, Switzerland, Such is the new civil code of Japan, and the draft civil code of the German adopted by the Imperial Parliament in its Empire. As representing the English sys session of 1896. Truly, the year 1896 was tem they consulted the leading American an eventful year for Japan. The war with and English reports and treatises, the draft China brought glory to her arms. For civil code of New York, and the codes of mosa and numerous other islands were California and British India." added to her possessions. The insurgents A large part of their work was completed of Formosa were pacified. The treaties in 1896, and it has now been adopted by with the leading nations of the world were revised, providing for the abolish Parliament. Says Dr. Masao: — "In its general arrangement the new code ment of the disgraceful extra-territoriality follows what the German jurists call the regime in Japan, to take effect, however Pandekten system. It is divided into five upon the taking effect of the new civil code. general parts. Part I is called ' Sosoku,' or The last and greatest event of all, the new code was adopted. With equal propriety, General Laws, and deals with persons, natu ral and artificial, as the subjects of rights; then, the Emperor Mutsuhito might have with things as the objects of rights; and joined Justinian in proclaiming : " Imperatowith juristic acts as setting rights in motion. riam Majestatem non solum armis decoraOne cannot help being astonished at and tam, sed etiam legibus opportet esse armagratified with the remarkable extent to tam, ut utrumque tempus et bellorum et which Prof. Holland's view as expressed in pacis recte possit gubernari!" his book on jurisprudence seems to be — Review of Reviews.

,)9^