Where modules run over two terms as a 30 credit module, SIL students will attend and be assessed on the contents of term 1. Please note that some modules reflect this with an additional "A" in their module code, but this is not the case for all of them due to special assessment arrangements for SIL students.
All assessments are graded on a pass/fail basis.
JAPANESE COMMERCIAL LAW: CORPORATE AND BUSINESS ENVIRONMENT (LAWSG096) Credit value: 30 credits (12 ECTS)
Assessment method for UCL Master students: Three-hour unseen written examination
Assessment method for SIL students: Two-hour unseen written examination
Module Overview
Module summary
The module covers areas of Japanese law which are relevant to foreign Investment into Japan. It focuses on the new Company Law of 2005 which has totally replaced the previous law of a German origin and instead, became closer to US law (see Hiroshi Oda, “Americanisation of Japanese Company Law?” in Rabels Zeitschrift für vergleichendes Privatrecht, 2005). Changes introduced by the reform will be critically analysed. Corporate governance and M&A are core topics in the module. The module also covers related reforms in securities law (Securities and Exchange Law was replaced by the new Financial Products Transaction Law) and insolvency law.
Module syllabus
Japanese Law has gone through substantial changes since the mid-1990s. In almost every area, new laws were enacted or existing laws underwent major amendments. This module is designed to cover these changes in the past decade.
No knowledge of Japanese is required. The manuscript of the third edition of Oda, Japanese Law, Oxford University Press. 2009, will be provided.
Introduction to Japanese Law
(Sources of law, the “justice system reform”, legal profession)
Japanese Law as part of the Romano-Germanic System and the Influence of US Law (Codification, post-War Reform, the “Regulatory Reform”)
The Civil Code as the Core of the System of Private Law (The Concept of Juristic Acts)
Contract Law/Law of Obligations
The New Companies Act of 2005(Americanisation of the Company Law)
M&A and Defensive Measures in Japan
The “Financial Big Bang” and the New Financial Instruments Exchange Law
The Anti-Monopoly Act (Competition Law)
New Labour Contract Law
Dispute Settlement (Court Procedure and Arbitration)
Recommended materials
Japanese Commercial Law, 3rd edition, Oxford University Press
Preliminary reading: to be confirmed
Other information: N/A
Prizes for this module: There are currently no prizes available for this module.
