日本の契約と独禁法：法社会学と比較法の見地から Japanese Contract and Anti-Trust Law : A Sociological and Comparative Study

Visser t'Hooft, Willem

Routledge（2015/04発売）

• 製本 Paperback:紙装版/ペーパーバック版／ページ数 232 p.
• 言語 ENG
• 商品コード 9781138878938
• DDC分類 343.520721

Full Description

Little has been written on Japanese contract law and anti-trust law in Western languages. This book describes the role of this law in protecting the distributor against unilateral terminations of distribution agreements. There have been significant pressures both to lower prices and restructure distribution channels in Japan which have strained many distribution agreements. This volume, based primarily on Japanese language legal material, not only involves a study of applicable black-letter law, but also a sociological study of its application in practice. Detailed analysis has been made in particular of famous legal termination cases during the 1990s in the Japanese luxury cosmetics distribution system which generated influential decisions by the higher courts and the Fair Trade Commission, providing new insights into whether or not there are distinct Japanese attitudes towards contracts.

Contents

Acknowledgements List of Abbreviations 1. Introduction 2. Japanese Contract Law and the Unilateral Termination of Distribution Agreements 3. Japanese Anti-Trust Law and the Unilateral Termination of Distribution Agreements 4. Termination Disputes Within the Japanese Distribution System For Luxury Cosmetics, A Case Study: Manufactures V. Discounters 5. Dutch Law and the Unilateral Termination of Distribution Agreements 6. A Discussion on Japanese Attitudes Toward Contracts Bibliography Appendix I. Case Law: Japan Appendix II. Case Law: The Netherlands Appendix III. Case Law: European Union