The New Japanese Civil Code |
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Author:
| Hozumi, Nobushige |
ISBN: | 978-0-217-09581-5 |
Publication Date: | Aug 2009 |
Publisher: | General Books LLC
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Book Format: | Paperback |
List Price: | USD $14.14 |
Book Description:
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: of the new Code took pains to adjust the laws to the progressive tendencies of the society. Formerly, there was only one authority recognized by Japanese law, as in the case of Roman Law? that of the house-head. But the new Civil Code took a decided step and recognized the parental power, besides the...
More DescriptionPurchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: of the new Code took pains to adjust the laws to the progressive tendencies of the society. Formerly, there was only one authority recognized by Japanese law, as in the case of Roman Law? that of the house-head. But the new Civil Code took a decided step and recognized the parental power, besides the house-headship, due allowance being made to the long-existing custom among the people, by not going so far as to extend that recognition to the parents who belong to a different house from that of the child. The tendency of the laws of a progressive society must be the gradual recognition of natural relationship in place of artificial connections; and the process of evolution in this branch of law sfrom House to Kinship. The reform made by the new Civil Code may be regarded as the first step in that direction. XIII. Relationships. The method of determining the degrees of relationship according to the new Civil Code is the same as that adopted in most countries of Europe and America, belonging to the system of Roman Law; that is, by reckoning the number of generations which intervene between two persons, either directly when they are lineal relatives, or through a common ancestor, when they are collaterals. This system of determining the degrees of relationship by the distance of consanguinity is the most natural one and is, for that reason, adopted from Western jurisprudence by the framars of the Code. But, previous to the adoption of the Code, while Japanese law still belonged to the Family of Chinese Law, relationship was determined in a different way. The basis of the new system is the distance of blood-relationsliip between relatives; but the old law rested on the double bases of blood- relationship and family rank, that is to say, the degree ofrelationship was determined...