Юрист ахборотномаси Ҷилди 3 № 1 (2023) · Саҳифаҳои 145-156
DAMAGES IN JAPANESE TORT LAW – WITH REFERENCE TO THE COMPARATIVE ASPECT
SOGA, Manabu
Аннотатсия
Throughout the human history, when a person violates a social order and causes damage to others, law takes some sort of sanction against it. Over time, criminal liability and civil liability became differentiated; and criminal law and tort law began to separate their functions. The basic function of tort law is to compensate for damages. As for the types of damages, common law countries have nominal damages and punitive damages. But in Japan, we do not have these. In Japan, the term “damages” refers exclusively to compensatory damages. Compensatory damages can be first divided into economic damages and non-economic damages. Economic damages are divided into two categories: positive damages (damnum emergens) and lost profits (lucrum cessans). In Japan, the heir can claim to have inherited damages of lost profits and non-economic damages from the decedent. In Japanese judicial practice, it seems that the calculation of damages is categorized and standardized by referring to the Red Book, which is based on the practice of the Tokyo District Court. The Red Book is not a law nor a court rule. It is rather a guideline, so, with a reasonable explanation, judges can deviate from this. Each case is unique and must be judged according to its individuality. It is the judge’s conscience that will stand in the end.
Compensatory damages, positive damages, damnum emergens, lost profits, lucrum cessans, non-economic damages, calculation of damages in Japanese practice.Compensatory damages, positive damages, damnum emergens, lost profits, lucrum cessans, non-economic damages, calculation of damages in Japanese practice.Compensatory damages, positive damages, damnum emergens, lost profits, lucrum cessans, non-economic damages, calculation of damages in Japanese practice.
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