FREE BOOKS

Author's List




PREV.   NEXT  
|<   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92  
93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   >>   >|  
they consulted the codes and laws of Austria, Montenegro, Prussia, Saxony, Switzerland, and the draft Civil Code of the German Empire. As representing the English system they consulted the leading American and English reports and treatises, the draft Civil Code of New York, and the codes of California and British India.[5] [4] I refer to Professors Hodzumi, Tomii, and Ume. Prof. Hodzumi is a barrister-at-law of the Middle Temple, and is one of the ablest representatives of English law in Japan. Prof. Tomii is a _Docteur en Droit_ of the Facility of Lyons, and is by far the ablest expounder of the French codes in Japan. Prof. Ume, though a bearer of the same degree from the same Faculty as Prof. Tomii, has attended several German universities, and is more of the German school than of the French. The Commission itself consisted of several other distinguished personages, with the Prime Minister at the head. But these three professors composed what was called the "Compilation Committee," so that practically they were the Commission. [5] Prof. Ume, a member of the Commission, is responsible for these statements so far as they relate to the codes and laws consulted. The classifications, however, are my own. After four years of the most constant application the Commission submitted in 1896 a revisal of a part of the original draft. Had the Commission had the entire code revised they could not have shown greater wisdom. For the parts incomplete were those dealing with the Family Law and Successions, and the Commission remembered that these were the parts that occasioned the most vital objections to the old code. The Parliament referred the revised draft code to a Committee of their own, of which Mr. Hatoyama, the present Speaker, was made the chairman. After making a careful examination and some important modifications, Mr. Hatoyama reported favorably to its adoption. The Parliament acted according to his advice, and the draft became the law. In its general arrangement the new code follows what the German jurists call the Pandekten system. It is divided into five general parts. Part I is called "S[=o]soku," or General Laws, and deals with persons, natural and artificial, as the subjects of rights; with things as the objects of rights; and with juristic acts as setting
PREV.   NEXT  
|<   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92  
93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   >>   >|  



Top keywords:

Commission

 

German

 

English

 

consulted

 

general

 

called

 

Committee

 
ablest
 

French

 

Hatoyama


revised

 

Parliament

 

Hodzumi

 

system

 

rights

 

incomplete

 
Speaker
 

present

 

dealing

 

remembered


objections

 

greater

 

chairman

 

occasioned

 

Family

 

wisdom

 
Successions
 

referred

 

advice

 

General


divided

 

objects

 

juristic

 

setting

 

things

 

subjects

 

persons

 

natural

 
artificial
 

Pandekten


reported
 
favorably
 

adoption

 
modifications
 

important

 
careful
 

examination

 

jurists

 

arrangement

 

entire