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BL
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| Record Number
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891114
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| Title & Author
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Civil law reforms in post-colonial Asia : : beyond western capitalism /\ editor, Yuka Kaneko.
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| Publication Statement
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Singapore :: Springer,, 2019.
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| Series Statement
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Kobe university monograph series in social science research
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| Page. NO
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1 online resource
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| ISBN
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9789811362026
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: 9789811362033
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: 9789811362040
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: 9789811362057
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: 9811362025
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: 9811362033
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: 9811362041
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: 981136205X
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| Bibliographies/Indexes
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Includes bibliographical references and index.
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| Contents
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Intro; Contents; Contributors; List of Tables; Introduction; Purpose: Review of Legal Reforms in Asian Emerging Economies; Methodology: Historical and Spatial Perspectives in Comparative Asian Law; Structure of This Book; References; Historical Review of Civil Law Changes; 1 Civil Law in the French Asian Colonies; 1.1 Introduction; 1.2 French Civil Colonial Law as a Hybrid Legal Construction; 1.2.1 A Volatile and Divided Legal Construction; 1.2.2 The Hybridization of Local Civil Laws; 1.3 Land Law; 1.3.1 The Conflict Between Legal Systems; 1.3.2 The Enactment of a New Colonial Land Law
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1.4 ConclusionReferences; 2 Contract Law in Myanmar: An Outcome of British Colonial Law; 2.1 Introduction; 2.2 Historical Circumstances; 2.3 Regression of Consideration; 2.3.1 Function of Securing Free Intention; 2.3.2 Function to Secure Legality; 2.4 Substantiation of Freedom of Contract; 2.4.1 Breach of Contract Rules in the 1872 Contract Act; 2.4.2 Undue Influence-The Result of Indian Case Law; 2.4.3 Legislative Modernization of the Rules on Defects; 2.5 Sale of Goods Act and Consumer Protection-Realization of Just Contracts; 2.5.1 History and Overview of the Sale of Goods Act
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2.5.2 Doctrine of Implied Warranties2.5.3 Consumer Protection Law; 2.6 Future Issues; References; 3 The Role of the Japanese Civil Code in the Codification in the Kingdom of Siam; 3.1 Establishing a Nation-State; 3.2 Contribution of a Japanese Legal Adviser; 3.3 Draft Civil and Commercial Code (1919); 3.4 Intervention by Phraya Manava Rajasevi; 3.5 Civil and Commercial Code of 1923-24 (Old Text); 3.6 Civil and Commercial Code of 1925-28 (New Text); 3.6.1 Overall Framework and Composition of Book I (1925); 3.6.2 Overall Framework and Composition of Book II (1925)
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3.6.3 Uniqueness of the Part on "Non-performance"3.7 Outlook for the Future; References; 4 The Pathway of Civil Law Development in Indonesia: Laws on Land; 4.1 Introduction; 4.2 Civil Law Construction in Colonial Period; 4.2.1 VOC Period; 4.2.2 British Period 1811-1816; 4.2.3 Netherland Indies Government Period; 4.2.4 Legal Dualism Legacy; 4.3 Development of Land Law After Independence; 4.3.1 The Constructing of National Law and Its Implication to Civil Code; 4.3.2 Developmental State and the Fallen of Adat; 4.4 Post Reform and New Development of Land Law; 4.4.1 The Period of Legal Rush
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4.4.2 Recent Development on Land Law4.5 Reconstruction of Legislation Development; 4.6 Conclusion; References; Outcomes of Contemporary Legal Reform Assistance; 5 A Study on the Civil Code Revision: The 2015 Civil Code of Vietnam; 5.1 Introduction; 5.2 Fundamental Legal Philosophies; 5.2.1 General Approaches; 5.2.2 Structure of the Civil Code; 5.2.3 Fundamental Principles of the Civil Code; 5.3 Some Fundamental Regulations; 5.3.1 Real Rights; 5.3.2 Security for Performance of Obligations; 5.3.3 Contracts; 6 One Aspect of Civil Procedure Reform in Asia: Placing the Focus upon Vietnam
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| Abstract
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This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries). These nations are apt to be placed in an economically disadvantageous situation within the opportunity of communalization of legal systems being advanced by the ASEAN Economic Community (AEC) launched in 2015, and the book clarifies the dynamics of the changes within these legal systems. Concurrently, there is an intention to analyze the "legal system development support" that has continued to be provided to these countries since the mid-1990s via international development support from international organizations and developed countries including Japan. In particular, the emphasis has been on the area of civil law, where the main subject of Japan's support has been centered on the civil code and civil procedure code. The legal system of the recipient country is complicated by the crisscrossing of the remnants of previous eras, from the inherent laws that have existed since before colonization, the laws of the colonial powers that were introduced during the colonial era (French law in Cambodia, Laos, and Vietnam; English law in Myanmar), the influence of socialist law after independence from colonization, and the path of modern industrialization and development, such that one country's legal system is the combination of all of these influences. For the reader to understand the dynamics of these changing laws, each chapter of the book combines two methodological perspectives. The first is to ascertain the spatial range as to how far the civil law extends across social phenomena. The second is a historical perspective in which the trends in legal changes will be understood on a time axis. --
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| Subject
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Civil law-- Asia-- History.
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Justice, Administration of-- Asia-- History.
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Practice of law-- Asia-- History.
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Civil law.
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Justice, Administration of.
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LAW-- Administrative Law Regulatory Practice.
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| Subject
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Practice of law.
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| Subject
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Asia.
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| Dewey Classification
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349.51
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| LC Classification
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KNC138.C58 2019eb
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| Added Entry
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Kaneko, Yuka,1964-
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