Comparative Law and the Civil Code of Japan (Ii)
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28102259-101 Principles of European Law on Commercial
Principles of European Law on Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC) Principles of European Law Study Group on a European Civil Code Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC) prepared by Martijn W. Hesselink Jacobien W. Rutgers Odavia Bueno Díaz Manola Scotton Muriel Veldman with advice from the Advisory Council approved by the Co-ordinating Group Sellier. Stæmpfli European Law Publishers Publishers Ltd. Berne The Dutch Working Team Georgios Arnokouros LL M (Greek Law), Professor Maurits Barendrecht (Team Leader), Lic. Rui Miguel Prista Patrı´cio Casca˜o (Portuguese Law), Odavia Bueno Diaz LL M Leuven (Spanish Law), John Dickie (Team Manager Utrecht, English Law, until 2002), Giuseppe Donatello, Professor Martijn Hesselink (Team Leader), Dr. Viola Heutger (Team Manager Utrecht), Professor Ewoud Hondius (Team Leader), Dr. Christoph Jeloschek (Austrian Law), Roland Lohnert (until June 2002), Prof. Marco Loos (Team Manager Tilburg), Dr. Andrea Pinna (French Law), Dr. Jacobien Rutgers (Team Manager Amsterdam, since April 2001), Dott.ssa. Manola Scotton (Italian Law), Dr. Hanna Sivesand (Swedish Law), Mr. Muriel Veldman (Dutch Law), Mr. Hester Wattendorff (Team Manager Amsterdam, until July 2000), Aneta Wiewiorowska (Polish law) External Reporters: Dr. Andre Jansen (Mnster) (German law), Dr. Soili Nysten-Haarala, (Finnish reporter) The Advisory Council on Commercial Agency, Franchise and Distribution Contracts Professor Johny Herre (Stockholm), Professor Je´roˆme Huet (Paris), Professor Ewan McKendrick (Oxford), Professor Peter Schlechtriem (Freiburg i.Br.), Professor Hugh Beale (London/Warwick), Professor Christina Ramberg (Stockholm) The Co-ordinating Group Professor Guido Alpa (Genua/Rome), Professor Kaspars Balodis (Riga, since December 2004), Professor Christian v. Bar (Osnabrck), Professor Maurits Barendrecht (Tilburg), Professor Hugh Beale (London), Professor Michael Joachim Bonell (Rome), Professor Mifsud G. -
Of Mice and Maidens: Ideologies of Interspecies Romance in Late Medieval and Early Modern Japan
University of Pennsylvania ScholarlyCommons Publicly Accessible Penn Dissertations 2014 Of Mice and Maidens: Ideologies of Interspecies Romance in Late Medieval and Early Modern Japan Laura Nuffer University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/edissertations Part of the Asian Studies Commons, and the Medieval Studies Commons Recommended Citation Nuffer, Laura, "Of Mice and Maidens: Ideologies of Interspecies Romance in Late Medieval and Early Modern Japan" (2014). Publicly Accessible Penn Dissertations. 1389. https://repository.upenn.edu/edissertations/1389 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/edissertations/1389 For more information, please contact [email protected]. Of Mice and Maidens: Ideologies of Interspecies Romance in Late Medieval and Early Modern Japan Abstract Interspecies marriage (irui kon'in) has long been a central theme in Japanese literature and folklore. Frequently dismissed as fairytales, stories of interspecies marriage illuminate contemporaneous conceptions of the animal-human boundary and the anxieties surrounding it. This dissertation contributes to the emerging field of animal studies yb examining otogizoshi (Muromachi/early Edo illustrated narrative fiction) concerning elationshipsr between human women and male mice. The earliest of these is Nezumi no soshi ("The Tale of the Mouse"), a fifteenth century ko-e ("small scroll") attributed to court painter Tosa Mitsunobu. Nezumi no soshi was followed roughly a century later by a group of tales collectively named after their protagonist, the mouse Gon no Kami. Unlike Nezumi no soshi, which focuses on the grief of the woman who has unwittingly married a mouse, the Gon no Kami tales contain pronounced comic elements and devote attention to the mouse-groom's perspective. -
Worldwide Estate and Inheritance Tax Guide
Worldwide Estate and Inheritance Tax Guide 2021 Preface he Worldwide Estate and Inheritance trusts and foundations, settlements, Tax Guide 2021 (WEITG) is succession, statutory and forced heirship, published by the EY Private Client matrimonial regimes, testamentary Services network, which comprises documents and intestacy rules, and estate Tprofessionals from EY member tax treaty partners. The “Inheritance and firms. gift taxes at a glance” table on page 490 The 2021 edition summarizes the gift, highlights inheritance and gift taxes in all estate and inheritance tax systems 44 jurisdictions and territories. and describes wealth transfer planning For the reader’s reference, the names and considerations in 44 jurisdictions and symbols of the foreign currencies that are territories. It is relevant to the owners of mentioned in the guide are listed at the end family businesses and private companies, of the publication. managers of private capital enterprises, This publication should not be regarded executives of multinational companies and as offering a complete explanation of the other entrepreneurial and internationally tax matters referred to and is subject to mobile high-net-worth individuals. changes in the law and other applicable The content is based on information current rules. Local publications of a more detailed as of February 2021, unless otherwise nature are frequently available. Readers indicated in the text of the chapter. are advised to consult their local EY professionals for further information. Tax information The WEITG is published alongside three The chapters in the WEITG provide companion guides on broad-based taxes: information on the taxation of the the Worldwide Corporate Tax Guide, the accumulation and transfer of wealth (e.g., Worldwide Personal Tax and Immigration by gift, trust, bequest or inheritance) in Guide and the Worldwide VAT, GST and each jurisdiction, including sections on Sales Tax Guide. -
The Interpretation of “Vis Major” in Motor Vehicle Accidents
THE INTERPRETATION OF “VIS MAJOR” IN MOTOR VEHICLE ACCIDENTS By Norman Doukoff, M.A. Presiding Judge at the Court of Appeal Oberlandesgericht (Court of Appeal) München 2013 2 INTRODUCTION Force majeure is a general case of liability exemption in most European jurisdictions in particular in road traffic law. After a brief historical remark, I would like to give an overview of regulations in some Euro- pean countries and on the European scale. THE ORIGIN OF “VIS MAJOR”1 Servius Sulpicius (died 43 B.C.) is the first Roman jurist named in the sources who advo- cated the cases of vis major (force majeure) as an exception to the rule of strict liability. He defined the cases of liability exemption objectively: storms2, conflagration3, flooding4 and piracy5.6 During the ensuing period, two main criteria of force majeure are mentioned in Roman law: inevitability7 and unpredictability8 of the event. These criteria we find even today in almost all European jurisdictions: the party invoking force majeure may not be in the situa- tion where it actually can avoid it and a foreseeable event may not be qualified as force majeure. Additionally we find as a common criterion the “non imputable” or “exterior” as- pect of force majeure: force majeure may not be due to the fault of the person invoking it. VIS MAJOR IN THE ROAD TRAFFIC LAW OF SOME EUROPEAN COUNTRIES A. France I. Before the law of 5 July 19859, also known as Loi Badinter, was enacted, the rules governing the liability, following road traffic accidents, of drivers of land- based motorised vehicles were contained according to the „Arrêt Jand’heur“10 of 1930 by the Cour de Cassation in Article 1384 para. -
The Hachiman Cult and the Dokyo Incident Author(S): Ross Bender Source: Monumenta Nipponica, Vol
The Hachiman Cult and the Dokyo Incident Author(s): Ross Bender Source: Monumenta Nipponica, Vol. 34, No. 2 (Summer, 1979), pp. 125-153 Published by: Sophia University Stable URL: http://www.jstor.org/stable/2384320 Accessed: 17-03-2016 17:03 UTC Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://www.jstor.org/page/ info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Sophia University is collaborating with JSTOR to digitize, preserve and extend access to Monumenta Nipponica. http://www.jstor.org This content downloaded from 77.80.42.241 on Thu, 17 Mar 2016 17:03:08 UTC All use subject to JSTOR Terms and Conditions The Hachiman Cult and the D6ky6 Incident by Ross BENDER XO I NE of the gravest assaults ever made on the Japanese imperial institution was launched by the Buddhist priest D6ky6' in the 760s. Dokyo, who came from a clan of the low-ranking provincial aristocracy, gained the affection of the retired Empress K6ken2 in 761 and proceeded to gather political power to himself; by the end of the decade he stood as the paramount figure in the court bureaucracy and had already begun to usurp imperial prerogatives. It was in 769 that an oracle from the shrine of Hachiman in Kyushu was reported to Nara: the god prophesied peace in the realm if Dokyo were proclaimed em- peror. -
Peruvian Civil Code Felipe Osterling Parodi
University of Miami Law School Institutional Repository University of Miami Inter-American Law Review 10-1-1983 Peruvian Civil Code Felipe Osterling Parodi Follow this and additional works at: http://repository.law.miami.edu/umialr Recommended Citation Felipe Osterling Parodi, Peruvian Civil Code, 14 U. Miami Inter-Am. L. Rev. 593 (1983) Available at: http://repository.law.miami.edu/umialr/vol14/iss3/7 This Report is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Inter- American Law Review by an authorized administrator of Institutional Repository. For more information, please contact [email protected]. REPORTS DRAFT CIVIL CODE OF PERU FELIPE OSTERLING PARODI* I. INTRODUCTION The Civil Code is of singular importance in those countries with a civil law tradition where, as a legal institution, it is consid- ered second in importance only to the constitution. Peru is a case in point. In essence, the Civil Code regulates, among other fundamental legal relationships, the relations betwen persons, domestic rela- tions, as well as the subjects of wills, property, contracts, prescrip- tion and the expiration of obligations. Additionally, it covers such important subjects as the general principles of law and rules gov- erning the conflict of laws. In this brief analysis of the Draft Civil Code of Peru it is perti- nent to review its background, beginning with the Peruvian Civil Code of 1852. The 1852 Code, as many of the civil codes promulgated in the last century, had its genesis in the French Civil Code of 1803, but with such modifications as were indicated by the Spanish legisla- tion then effective in Peru, Canon Law and certain immutable principles of Roman law. -
Creating Heresy: (Mis)Representation, Fabrication, and the Tachikawa-Ryū
Creating Heresy: (Mis)representation, Fabrication, and the Tachikawa-ryū Takuya Hino Submitted in partial fulfillment of the Requirement for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2012 © 2012 Takuya Hino All rights reserved ABSTRACT Creating Heresy: (Mis)representation, Fabrication, and the Tachikawa-ryū Takuya Hino In this dissertation I provide a detailed analysis of the role played by the Tachikawa-ryū in the development of Japanese esoteric Buddhist doctrine during the medieval period (900-1200). In doing so, I seek to challenge currently held, inaccurate views of the role played by this tradition in the history of Japanese esoteric Buddhism and Japanese religion more generally. The Tachikawa-ryū, which has yet to receive sustained attention in English-language scholarship, began in the twelfth century and later came to be denounced as heretical by mainstream Buddhist institutions. The project will be divided into four sections: three of these will each focus on a different chronological stage in the development of the Tachikawa-ryū, while the introduction will address the portrayal of this tradition in twentieth-century scholarship. TABLE OF CONTENTS List of Abbreviations……………………………………………………………………………...ii Acknowledgements………………………………………………………………………………iii Dedication……………………………………………………………………………….………..vi Preface…………………………………………………………………………………………...vii Introduction………………………………………………………………………….…………….1 Chapter 1: Genealogy of a Divination Transmission……………………………………….……40 Chapter -
Asiatic Society of Japan
http://e-asia.uoregon.edu TRANSACTIONS OF THE ASIATIC SOCIETY OF JAPAN VOL XLVI.-PART II 1918 THE ASIATIC SOCIETY OF JAPAN, KEIOGIJIKU, MITA, TŌKYŌ AGENTS KELLY & WALSH, L'd., Yokohama, Shanghai, Hongkong Z. P. MARUYA Co., L'd., Tokyo KEGAN PAUL,TRUEBNER & Co., L'd., London TRANSACTIONS OF THE ASIATIC SOCIETY OF JAPAN VOL XLVI.-PART II 1918 THE ASIATIC SOCIETY OF JAPAN, KEIOGIJIKU, MITA, TŌKYŌ AGENTS KELLY & WALSH, L'd., Yokohama, Shanghai, Hongkong Z. P. MARUYA Co., L'd., Tokyo KEGAN PAUL,TRUEBNER & Co., L'd., London INTRODUCTION. Subject and Structure .---The Heike Monogatari, one of the masterpieces of Japanese literature, and also one of the main sources of the history of the Gempei period, is a poetic narrative of the fall of the Heike from the position of supremacy it had gained under Taira Kiyomori to almost complete destruction. The Heike, like the Genji, was a warrior clan, but had quickly lost its hardy simplicity under the influence of life in the Capital, and identified itself almost entirely with the effeminate Fujiwara Courtiers whose power it had usurped, so that the struggle between it and the Genji was really more one between courtiers and soldiers, between literary officials and military leaders. Historically this period stands between the Heian era of soft elegance and the Kamakura age of undiluted militarism. The Heike were largely a clan of emasculated Bushi, and their leader Kiyomori, though he obtained his supremacy by force of arms, assumed the role of Court Noble and strove to rule the country by the same device of making himself grandfather to the Emperor as the Fujiwara family had previously done. -
The Status of the Civil Code in Portugal and Other Portuguese-Speaking Countries
THE CIVIL CODE IN PORTUGAL AND GOA: COMMON HERITAGE AND FUTURE PROSPECTS Dário Moura Vicente Professor of Law at the University of Lisbon I The idea of codification and the codification movement of the 19th Century The word «code» stems from the Latin codex. This was the term used in the Roman Empire to identify the collections of imperial constitutions, the most prominent of which was the Codex Justinianus, of 534, that became the 3rd part of the Corpus Iuris Civilis compiled under the auspices of Emperor Justinian1. In the Middle Ages, codes basically still consisted of collections of laws, arranged in alphabetic, chronological or some other order. They were also called «constitutions», «books» or «ordinances». Their main purpose was to facilitate access to the applicable law, which at that time was still largely fragmentary and scattered2. The modern notion of code is somewhat different. It means a text that contains the fundamental rules that govern a given category of legal relationships, organized according to a scientific criterion3. Codes in this sense only emerged after the French Revolution of 1789. They are, in fact, the product of a revolutionary idea: the principle of equality, which requires the general application of the law. Thus understood, a code should in principle prevail over all local or personal laws, as well as over customs. This paper is based on a public lecture delivered on 18 January 2010 at the Salgaocar College of Law, Panaji, Goa. The author would like to thank Professors Marian Pinheiro and Carmo d’Souza for their kind invitation. 1 Cfr. -
British Diplomatic Perceptions of Modernisation and Change in Early Meiji Japan, 1868-90
BRITISH DIPLOMATIC PERCEPTIONS OF MODERNISATION AND CHANGE IN EARLY MEIJI JAPAN, 1868-90 FAUZIAH FATHIL Submitted for the Degree of PhD in History School of Oriental and African Studies University of London 2006 ProQuest Number: 10672846 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10672846 Published by ProQuest LLC(2017). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 2 ABSTRACT In studying foreign images, it is generally necessary to examine the views of relevant actors, and few, if any, actors are more relevant than diplomats as they are directly related to foreign diplomacy or relations between countries. While many works have been written on popular images of Meiji Japan as perceived by Western visitors, very few have so far touched on images of Meiji Japan as viewed by British diplomats. Using mainly archive materials, this thesis aims to study British diplomatic views of political, economic and social change in Japan during the crucial early stages of that country's modernisation in the first half of the Meiji period. The thesis examines various patterns of diplomatic views as they witnessed the different changes that took place in Meiji Japan, most notably the diversity of views and images of the modernisation of the country. -
A History of the Japanese People
A History of the Japanese People Frank Brinkley A History of the Japanese People Table of Contents A History of the Japanese People......................................................................................................................1 Frank Brinkley.........................................................................................................................................2 FOREWORD...........................................................................................................................................4 AUTHOR'S PREFACE...........................................................................................................................5 CHAPTER I. THE HISTORIOGRAPHER'S ART IN OLD JAPAN.....................................................8 CHAPTER II. JAPANESE MYTHOLOGY.........................................................................................13 CHAPTER III. JAPANESE MYTHOLOGY (Continued)....................................................................20 CHAPTER IV. RATIONALIZATION.................................................................................................29 CHAPTER V. ORIGIN OF THE JAPANESE NATION: HISTORICAL EVIDENCES.....................34 CHAPTER VI. ORIGIN OF THE NATION: GEOGRAPHICAL AND ARCHAEOLOGICAL RELICS.................................................................................................................................................42 CHAPTER VII. LANGUAGE AND PHYSICAL CHARACTERISTICS...........................................50 -
Political and Ritual Usages of Portraits of Japanese
POLITICAL AND RITUAL USAGES OF PORTRAITS OF JAPANESE EMPERORS IN EIGHTEENTH AND NINETEENTH CENTURIES by Yuki Morishima B.A., University of Washington, 1996 B.F.A., University of Washington, 1996 M.S., Boston University, 1999 M.A., University of Pittsburgh, 2007 Submitted to the Graduate Faculty of the Kenneth P. Dietrich School of Arts and Sciences in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Pittsburgh 2013 UNIVERSITY OF PITTSBURGH DIETRICH SCHOOL OF ARTS AND SCIENCES This dissertation was presented by Yuki Morishima It was defended on November 13, 2013 and approved by Katheryn Linduff, Professor, Art and Architecture Evelyn Rawski, Professor, History Kirk Savage, Professor, Art and Architecture Dissertation Advisor: Karen Gerhart, Professor, Art and Architecture ii Copyright © by Yuki Morishima 2013 iii POLITICAL AND RITUAL USAGES OF PORTRAITS OF JAPANESE EMPERORS IN EIGHTEENTH AND NINETEENTH CENTURIES Yuki Morishima, PhD University of Pittsburgh, 2013 This dissertation examines portraits of Japanese emperors from the pre-modern Edo period (1603-1868) through the modern Meiji period (1868-1912) by questioning how the socio- political context influenced the production of imperial portraits. Prior to Western influence, pre- modern Japanese society viewed imperial portraits as religious objects for private, commemorative use; only imperial family members and close supporters viewed these portraits. The Confucian notion of filial piety and the Buddhist tradition of tsuizen influenced the production of these commemorative or mortuary portraits. By the Meiji period, however, Western portrait practice had affected how Japan perceived its imperial portraiture. Because the Meiji government socially and politically constructed the ideal role of Emperor Meiji and used the portrait as a means of propaganda to elevate the emperor to the status of a divinity, it instituted controlled public viewing of the images of Japanese emperors.