The Italian Law Journal | ItaLJ

 SPECIAL ISSUE

Hybridizations, Contaminations, Triangulations: 
Itineraries in Comparative Law Through the Legal Systems of Italy and Japan

edited by Giorgio F. Colombo

 

Is the CISG a Useful Tool for the Interpretation of the Newly Reformed Minpō?

by Franco Serena

In this article I am considering the role of the CISG in interpreting the recently reformed Minpō, the Civil Code of Japan. The Minpō was promulgated by the end of nineteenth century and had never experienced a real structural reform. However, on 26 May 2017, the National Diet of Japan approved a radical reform of the Minpō. This reform seems to have been fostered by the success of international rules like the CISG, which Japan ratified in 2008. In this paper, taking as an example the issue of non-conformity of goods, I will try to verify how much the reformed Minpō got close to the CISG. Following, I will try to find whether the CISG can be a useful interpretation tool for the reformed Minpō.

 

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