The Role of Judicial Precedents in Japanese Law-Making Process – on the Japanese Civil Code (Law of Obligation) Reform

Yachiko Yamada


Despite the fact that the Japanese legal system is based on legal provisions, the precedent law plays an essential role in this country. Therefore, judicial judgments exert impact on both the judicial and the academic practice. The author analyses the role of precedents in the law-making process with regard to the reform of the Japanese Civil Code and presents prospective changes as well. The ongoing discussion on the amendments to the Civil Code is justified by the fact that since the new provisions of law were adopted, numerous precedents have been established, which needs to be taken into consideration.


precedent; Japanese law-making process; Japanese Civil Code; law of obligation

Full Text:



Japanese Civil Code (Law of Obligations) Reform Commission, [access: 10.01.2018].

Oda H., Japanese Law, Oxford Press 2009, DOI:

Uchida T., New Age of Law of Obligation – Basic Policy of the Civil Code (Law of Obligation) (Saikenhou no Shinjidai – Saikenhou Kaisei no Kihon Houshin), Kobundo 2009.

Yamada Y., Theme Legal Philosophy of Legisprudence: Reconsideration of Legisprudence (Teidai Rippou no Houtetugaku – Rippougaku no Saiteii), “The Annals of Legal Philosophy” 2014. [access: 10.01.2018]. [access: 10.01.2018]. [access: 10.01.2018]. [access: 10.01.2018].

Data publikacji: 2018-05-02 07:55:23
Data złożenia artykułu: 2018-02-10 23:32:50


Total abstract view - 1075
Downloads (from 2020-06-17) - PDF - 0



  • There are currently no refbacks.

Copyright (c) 2018

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.