Crystallization, Unification, or Differentiation? The Japanese Civil Code (Law of Obligations) Reform Commission and Basic Reform Policy

About one hundred ten years after enactment of the Japanese Civil Code, the debate over the reform of contract law has heated up. On November 2009, based on the consultation of the Minister of Justice, the Working Group on the Civil Code (Law of Obligations) was established. One distinctive feature of this reform process is that the academic contribution became a driving force. Shortly before the consultation, several reform proposals were propounded by different research groups. Notably, the Japanese Civil Code (Law of Obligations) Reform Commission proclaimed a sweeping and ambitious reform proposal: the Basic Reform Policy (Draft Proposals). However, not every lawyer felt the necessity of a comprehensive reform, and some bitterly criticized the reform movement. The fierce debate among academics and practitioners brings to light key characteristics of the Japanese Civil Code, several current streams of the Japanese legal scholarship, and the relationship between academe and practice in Japan. Focusing on the Basic Reform Policy (Draft Proposals), this article seeks to describe both legal scholarship advancing Civil Code reform and criticism of reform from practitioners.