Japão: General contract terms in japanese law -Comparative perspectives-

AutorZentaro Kitagawa
CargoProfessor of Law of Kyoto University, Director of Kyoto Comparative Law Center
Páginas270-276
RPDC, Dezembro de 2013, n.º 76
270
RPDC
Revista Portuguesa
de Direito do Consumo
JAPÃO
GENERAL CONTRACT TERMS IN JAPANESE LAW
- COMPARATIVE PERSPECTIVES -
Zentaro KITAGAWA
Professor of Law of Kyoto University
Director of Kyoto Comparative Law Center
1. Introduction
2. Three Types of Legal Control of Standard Contract Terms
3. Prevalence of Administrative Controls in Japan
4. Standard Contract Terms and Parties’ Intentions
5. Regulation of Standard Contract Terms
6. Important Developments in the Law of Standard Contract Terms
7. Impacts on the Contractual System
1. Introduction
Before I speak about Japanese Law, let me introduce one episode that occurred to
a research delegation from Japan on an European study tour in 1983. This delegation,
which I headed was sent by the Government of Japan and was to investigate recent
developments in consumer protection with respect to standard contract terms in Europe.
Before visiting government agencies, universities, institutions, or consumer associations,
and business organizations, we sent them questions we wanted to discuss and one of the
questions asked to what extent do government agencies usually assist private business
organizations in the preparing or drafting of standard contracts terms? Both British
and French business people, whom we met at the earlier stage of our research, found
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