Abstract
The codification of the Civil and Commercial Code in the Kingdom of Siam was not any case of “legal transplant” in the modern sense, but an active and independent reception of foreign model laws which is comparable to the codification of Civil Code in Japan. Indeed, the Japanese Code played a significant role in the drafting process of the Siamese Code; namely the role as a guideline and navigator for the reception of the German Civil Code. This feature can be clearly recognized especially in the part on the issue “remedies for non-performance of obligations”. Its unique structure coud be quite controvercial. However, just this feature could gain its actual significance in the context of the recent reforms of law on obligations in Germany and Japan.
Shiori Tamura—LL.B. Tohoku University; BA. Chuo University; LL.M., Waseda University.
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Notes
- 1.
Officially unpublished document. Fortunately, its copy was identified in the “Phya Manava Rajsevi Library” in the Main Library of Bangkok University in Bangkok on June 16th, 2013 (Signature 217 and 217.2 in the part of books in foreign languages).
- 2.
According to his statement (Thammasat 1982, pp. 30–31), the following two publications were the most important sources for him: (i) Schuster, Ernest Joseph (1907). The principles of German civil law. Oxford London: Clarendon Press; (ii) Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons.
- 3.
The publications of Joseph Ernest de Becker (1863–1929) were the main sources for him (Thammasat 1982, p. 29). The most important ones were following two: (i) Id. (1909–10). Annotated Civil Code of Japan (3 volumes). London: Butterworth & Co.; (ii) Id. (1921). The principles and practice of the Civil Code of Japan, a complete theoretical and practical exposition of the motifs of the Japanese Civil Code. London: Butterworth & Co.
- 4.
For the details of the composition of the Code of 1923, Book I and II, see the tables of comparison among the draft of 1919, the codes of 1923, 1925, and 1992 prepared by the author (Tamura 2017a, pp. 5–20).
- 5.
- 6.
- 7.
See the “Index” to the articles prepared by the Siamese drafters as well as the supplementary entries by the author (Tamura 2017h, pp. 3–7, 13–21).
- 8.
Available at: https://archive.org/details/brgerlichesgese00kingoog [Accessed 11 March 2017].
- 9.
See the “Index” to the articles prepared by the Siamese drafters as well as the supplementary entries by the author (Tamura 2017h, pp. 8–12, 22–31).
- 10.
For the details, see Tamura (2013, pp. 905–911).
- 11.
See the consideration of the author on the “System Integrity Issue (1)–(5)” in Tamura (2017i).
- 12.
See the consideration of the author on the “Actuality Issue (1)–(4)” in Tamura (2017i).
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Tamura, S. (2019). The Role of the Japanese Civil Code in the Codification in the Kingdom of Siam. In: Kaneko, Y. (eds) Civil Law Reforms in Post-Colonial Asia. Kobe University Monograph Series in Social Science Research. Springer, Singapore. https://doi.org/10.1007/978-981-13-6203-3_3
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