Showing 1 - 6 of 6
A comparative study examining English and American multi-party proceedings in the context of securities litigation. The Article compares the basic rules on multi-party proceedings and the recent developments in the two jurisdictions, and then examines their cross-border implication in view of...
Persistent link: https://www.econbiz.de/10013125337
A sea change is taking place in the law and practice of trust and wealth management in Japan. As the rapidly aging society opens up to the globalised market, a flurry of legislative reform accompanies it in the areas of guardianship (1999), trusts (2006), and succession (2018). The government...
Persistent link: https://www.econbiz.de/10012844645
Solicited for the Oxford Handbook of Fiduciary Law, this essay offers a general introduction to Japanese fiduciary principles. Using corporate law as an example, it outlines the scope of the duties of loyalty and care, and of the business judgment rule. It compares the application of these...
Persistent link: https://www.econbiz.de/10011772412
This article will trace the paths of trust law diffusion, with the dual aim of identifying the role of Japanese law in shaping the global evolution of the fiduciary norm and examining the doctrinal and conceptual implication that the understanding of these historic paths can bring about. The...
Persistent link: https://www.econbiz.de/10012913620
This paper traces the drafting process of the Japanese Trust Act 1922. Although the Act itself has been superseded by the new Trust Act 2006, it has left a definitive impact on how trusts are conceptualised, debated and put into practical use in Japan. The conventional understanding is that...
Persistent link: https://www.econbiz.de/10014134081
The law of trust is like a drop of oil that floats on the surface of water. This remark by Professor Shinomiya, the author of a definitive treatise on Japanese trust law, is a reminder that the law of trust has yet to locate its proper place within the structure of Japanese private law. In...
Persistent link: https://www.econbiz.de/10014134082