Proces kompilace a přijímání občanského zákoníku v období Meidži

• Main Author: Kraus, Jan
• Other Authors: Sýkora, Jan
• Format: Dissertation
• Language: Czech
• Published: 2007
• Online Access: http://www.nusl.cz/ntk/nusl-270716

This work concerns itselť with o ne oť the aspects oť the modernization oť Japan during the Meiji Era (1868-1912), the establishment oť a Civil Code based on western lega! princip les, in a broad context oť the historical and socio-political situation of the said period. First, it explores the state oť lega! knowledge in Japan at the end of the previous historical period, the Tokugawa Era. As a result of the development during the centuries prior to that, it may be said that the Japanese view oť law became to be such that the law was overshadowed by the traditional pattern oť a rigid social structure, preferring over law the mutual relations among the people living in such a system. Being ťorced to cancel her isolation policy by an extensive outside pressure ťrom the worlďs powers, Japan starts to strive for a general modernization. The s o called U nequal treaties established in the last years of the rule oť the Tokugawa shogunate between Japan and several countries set it to an inferior position, and this situation continued unchanged in the ťollowing Meiji period. One of the prerequisites for the revision of these treaties was the establishment of a western-like lega! system with the Civil Code as one oť the important Codes of Law. However, the principles on which the Japanese and the western lega!...