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ID 43410
file
title alternative
A Study of the Meaning of “Impossibility" in the Amended Civil Code of Japan
creator
NDC
Law
abstract
The Japanese Diet is currently deliberating “the Bill for the Partial Amendment of the Civil Code of Japan.” In the Code, which is amended by the Bill, the concept of “impossibility” has a significant meaning. However, the meaning of “impossibility” in the Code is unclear because whether an obligation is impossible to perform or not is determined in light of the sources of obligation (such as contract), and the social standard or convention of trade practice. In other words, in the amended Civil Code, an obligation may be determined to be “impossible” to perform, even if the obligation is possible to perform in the physical sense. This article examines the meaning of “impossibility” in the amended Civil Code, based on the basic principles of interpretation.
journal title
The Hiroshima Law Journal
volume
Volume 40
issue
Issue 3
start page
306
end page
278
date of issued
2017-01-13
publisher
広島大学法学会
issn
0386-5010
ncid
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
rights
許可なく複製・転載することを禁じる。
department
Graduate School of Social Sciences
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