JAPANESE LAW

The course is aimed to provide students with general notions about the historical evolution and the present asset of Japanese legal system. Moreover, the course is aimed to provide students with specific notions about the most debated issues in contemporary Japanese law. Finally, some specific aspects of doing business with Japanese entities will be analyzed, also using specific case-studies.

After taking the course, students will be able to understand and critically analyze basic issues of Japanese Law, and they will be able to correctly frame, from a legal perspective, some problems of Japanese contemporary society.
They will also be able to identify criticalities in situations involving Italian and Japanese parties, both in commercial (e.g. contracts) and family (e.g. marriage, divorce) law.

No specific prerequisites.

1) Introduction to the class – History of Japanese law: from antiquity to Edo.
2) History of Japanese law: from Edo to the Meiji Restoration
3) History of Japanese law – from Meiji Restoration to date
4) The Sources of Law in Japan
5) The Japanese Constitutions
6) Contemporary issues in Japanese Law: Constitutional Pacifism
7) Contemporary issues in Japanese Law: Law and Religion; The Imperial Household Succession
8) Contemporary issues in Japanese Law: Labor law
9) Contemporary issues in Japanese Law: Criminal law and Procedure
10) Negotiating contracts with Japanese enterprises
11) Case study (commercial contracts)
12) Japanese Family law
13) Inheritance, divorce, child custody
14) Dispute resolution in contemporary Japan
15) ADR and mediation in contemporary Japan
16) The legal professions in Japan

Readings will be distributed by the instructor

Test composed by multiple choice (20) and open (2) questions.
Students who meet the minimum attendance requirement will be allowed to take a pre-exam composed by 60 multiple choice questions.

Head-on lectures and, if needed, experimental didactic activities.

English

written