Note Return to text — THE NEW CIVIL CODE OF JAPAN.

In its general arrangement the new code follows what the German jurists call the Pandekten system. It is divided into five general parts. Part I is called “Sōsoku,” or General Laws, and deals with persons, natural and artificial, as the subjects of rights; with things as the objects of rights; and with juristic acts as setting rights in motion. One cannot help being astonished at and gratified with the remarkable extent to which Prof. Holland’s views as expressed in his book on jurisprudence seem to be adopted in this part of the code.[6] Part II is called “Bukken,” or Jus in Rem, corresponding to the Sachenrecht of the German code, and dealing with Possession, Ownership, etc., etc. Part III is called “Jinken,” or Jus in Personam, corresponding to the Forderungsrecht of the German code, and dealing with General Law of Obligations, with Obligations arising ex contractu, quasi ex contractu, and ex delicto. The General Law of Obligations is taken largely from the Forderungsrecht of the Swiss code. The law of Contracts and Torts is taken entirely from the English law. Parts IV and V, dealing with the Family Law and the Law of Successions respectively, have not as yet been published, for reasons already indicated.