Research On Liability For Breach Of Contract In Japanese Legal System

The system of liability for breach of contract is which is involved extensively in the contract law. The two parties of the contract will bear responsibility in accordance with the relevant law when they fail to fulfill contractual obligations according the contract is not in accordance with the two sides agreed to perform the contract obligations or does not conform to the agreement in the contract, in accordance with the relevant law to bear responsibility. The responsibility for breach of contract in law theory should be how to hold, since the establishment the of Japanese civil Civil Code, there have been various arguments over the responsibility for breach of contract in law theory level."Japan’s liability for breach of contract in the succession of the German civil law of", not delay, can not and not completely fulfill the contract--Trisection System", then the two opposite theories of statutory duty and contractual liability are raised which focus on liability for warrant of defects; direct effects theory, Indirect effects theory and neutral viewpoint related to the effect of rescission of a contract. Both China and Japan have defined the responsibility of breach of contract clearly, however, they have different emphasis and characteristic. The China’s Economic Contract Law was made in1981, which is followed by China’s Foreign Economic Contract Law and China’s Technology Contract Law. Based on the above contract laws, China’s contract-related law system was formed. However the above contract laws were abolished after the formulation of contract produced around the warranty liability arising from the nature of the legal responsibility and liability of the antagonistic effect of releasing said; direct effect, indirect effect that said, eclectic said rivalries. This paper plans to examine the Japanese liability system for breach of contract, the related content and its latest trends. And through comparison and related system of our country, to obtain the beneficial inspiration will be obtained after comparing to the related system in our country. This paper is divided into four parts, respectively iswhich are liability for breach of contract doctrine in the Japanese civil code drafting stage of liability for breach of contract doctrine, civil code comment made about the liability for breach of contract cases and after the civil code. the theory of spread, the Japanese civil code modification changes trend and development direction of liability for breach of contract, breach of contract responsibility system, the similarities and differences for liability for breach of contract in Chinese and Japanese related laws. Each part surrounding concentrates on the main responsibility of breaking contract, liability for breach of contract in the form of a historical theory and the resulting opposite theory launched. The purpose of this paper is based on the system of liability for breach of contract related content to inspect and China-Japan system of liability for breach of contract and the comparison between Japan, the system of liability for breach of contract and its relevant issues of current Japan default responsibility system reform direction for rough analysis, explore the future of a breach of contract responsibility system as well as the direction of development of East Asia in the future development of the unified contract law direction.