Civil code reform in Japan: Is the new regulation of standard contract terms a desirable one?

Abstract

This chapter examines the issue of regulation of standard contract terms in Japan, focusing especially on the regulation newly introduced into the Japanese Civil Code after its recent reform. Starting with an introduction to the general structure of the Japanese civil law and a presentation of such regulation before the recent amendment, this chapter continues with a detailed presentation of the proposals and the outcome of the reform procedure, and analyzes the issues existing in the Act finally adopted. The author sheds lights to the problems of the new regulation, not only by taking into consideration the relevant debate in Japan, but also by conducting a comparative law analysis. The author observes that the new regulation has a dual character; on the one hand it seems not to be corresponding to the basic direction of reform as originally planned, to increase complexity, and to contain a lot of issues, but on the other hand it can also be evaluated as an important step forward. The author concludes that a positive evaluation and the future application of the new provisions in practice will be decisive in this aspect.