Page:The Green Bag (1889–1914), Volume 05.pdf/37

The Code of Civil Procedure was prepared The principle of the German authors seems by a German jurist, published in draft form to have been to generalize as widely as pos in 1886, and promulgated in 1890; it took sible, and to express no detail where it can effect on Jan. i, 1891. The Law of Organ be gathered by implication from some exist ization of Courts was prepared by Herr ing principle; while the motif assumes a Otto Rudorff (the son of an eminent Ger general acquaintance with jurisprudence, and man jurist of the last generation), and went sets forth merely what is necessary by way into force Nov. i, 1890. The Commercial of justification. The new Japanese Code, Code was prepared at the beginning of the on the other hand, gives expression to every

last decade, and goes salient feature of a into force with the subject, even though Civil Code on Jan. i, it may be deducible 1 893. Revised Codes from something al of Crimes and of Crim ready laid down, and inal Procedure will be does not hesitate to re promulgated within a peat a principle, — for instance, a method of year or two. In every case the authors mod extinguishing a right, — in every place where elled their drafts, nat urally enough, on the it may have applica legal systems with tion; and the motif which they were most confessedly begins at the beginning of familiar. The result things, for the benefit is that the imported laws are partly French of students who have and partly German, in not access to Euro about an equal pro pean legal literature. portion. The Com The part which Jap mercial and the Civil anese custom plays in Codes form of course the Ci vil Code has been the substance of this somewhat disputed; legislation. The but it seems to be (iUSTAVE HOISSONADE. former has not yet ap small. Book I. and Code, and Professor in the Imperial peared in a Western (Author of the Japanese CivilUniversity.) Part II. of Book III., containing the Law of language; but Herr Rudorff states that it differs little from the Persons and of Inheritance (not yet trans German Commercial Code. The Civil Code lated), were to have been substantially an is an embodiment of modern French juris embodiment of indigenous custom, though I prudence rather than an imitation of the am told that French notions have prevailed. Code Civil. As far as can be judged by If we except this portion, the Japanese fla one not skilled in French law, it is an vor is very slight. What there is appears admirable production. The text is clearly chiefly in the sections on mortgages and on and accurately phrased, and the motifs are emphytensis. The law, then, that is now being studied carefully and minutely elaborated. If the is chiefly French law. The Code Civil was whole work differs essentially in style from translated into Japanese twenty years ago, the work with which we naturally compare and a few other treatises have since been it, the Draft German Code and its motif, translated

but the basis of a student's work the difference is to the advantage ol Japan.