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  4. The Principle of Good Faith under Japanese Commercial Law




The Principle of Good Faith under Japanese Commercial Law




Speaker: Makoto Shimada (Professor of Keio University, Japan)

The principle of good faith under Japanese law has a distinctive feature due to its peculiar historical background. It is extensively applied to any transactions at any stages. It is often said that the good faith principle in civil law systems is a “demon” which makes the law unstable and unpredictable. However, under Japanese law its function is quite the opposite. The principle consists mostly of the rules established by the courts, which are applicable to specific situations, like case law in Britain. This presentation attempts to demonstrate such function by showing some rules under the good faith, and the way they are applied.

The talk first will expand on the meaning of “good faith”, its position in sources of commercial law and how the concept has been developed. Topics will include some tips as to how to do business in Japan or with Japanese businessmen and traders.

The main part of the presentation will consist of an analysis of cases to identify specific rules applicable to commercial transactions and practical suggestions.

The last part will examine how British courts would resolve disputes which in Japan are normally settled by relying on good faith rules. Applicability of British principle of good faith, which have been developed recently, will also considered.

About the speaker

Makoto Shimada (Professor of Keio University, Japan)

Makoto has been a professor of law at Keio University Law School since 2004. He is specialized in civil and commercial law and practice, including international commercial dispute resolutions. Prior to this appointment he practiced international commercial law at several firms in Tokyo and London. His area of research interest is international and comparative commercial law.

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When and where

5.30pm - 7.00pmWednesday 15th June 2016

DLG20 Rhind Building City, University of London St John Street London EC1R 0JD United Kingdom

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