日本合同法

⑴ 我們和日本公司的合同法律上有效嗎

首先，我們的合同法是承認電子合同的，所以合法性不成問題，《合同法》第專32條規定，合同自雙屬方當事人簽字或蓋章時成立，但對「簽字或蓋章」是否包括電子簽名未做明確規定；該條還規定，當事人採用信件、數據電文等形式訂立合同的，可以在合同成立之前要求簽訂確認書，簽訂確認書視為合同成立，但該合同是否有效還取決於這份合同是否雙方簽有確認書。
所以嚴格按照我們的合同法，如果有相關的經過雙方簽字的確認書，這份合同就有法律效力了。否則，這份合同依舊是個沒有簽字蓋章的草稿。
國際上一般這類電子合同如果有數字簽名和數字證書認證那麼就是有效合同了。

⑵ 求~~有關 合同法 中情勢變更原則的外文資料 看好是外文的 不要日本的......最好是英文的

On the situation change in contract law principles of the legal effect
Contract Law
The principle of non change in contract law on the meaning, is to avoid the execution of the contract e to changes in cases of unfair results. Once that is applicable to proce legal effects, but also will have an impact on rights and obligations of parties to the contract of the results. In particular, the application of the principle of non change the legal effect primarily reflected in the following two aspects:

(A) rescission

Change the fact that cases arise, if the affected party through the exercise of the right to change the contract, is still not sufficient to rule out changes to its own violations of the unfair state, you can further exercise of contract interpretation, fundamentally eliminate the loss of balance Contractual relationship. Generally speaking, the changes to the contract because of violations can not be achieved purpose of the occasion, or contract to become an occasion looked forward to, or loss of the contract significance of the occasion, General can dissolve or terminate the contract.

Such as employment, leasing, lending and continue to contract because of violations that change in the termination of the contract. Also, a party of the sub-payments for long-term benefits, and the other for non-payment, while a rescission.

However, it is noteworthy that in the cases affected by changes to the party through the exercise of Jiechu Quan and rescission, the other party will often cause the loss, the loss of whether there should be advocated by the party to the adverse effects of compensation, the mainland Law of the national laws are not made expressly provided. This is generally in accordance with the change in contract law on the rescission of the contract or liability of the general provisions to be addressed. Chinese academics believe that violations changes to one of the parties under the contract Jiechu Quan only by the judicial organs of the trial practice before confirmation. However, China's Contract Law provides for the change or rescission, should bear the liability issues. For the parties to exercise this power because of rescission, to the other party caused the loss of property, contract law should also be based on the relevant provisions to address. Based on China's "Contract Law" section 97 "after the lifting of the contract were not met, and terminate; has been performed, according to circumstances and the nature of the contract, the parties can request restitution and take other remedial measures, and the right to seek compensation for losses" The provisions, it can be concluded: in China even in cases where affected by changes to the party through the exercise of Jiechu Quan and rescission, on which the other party to the losses caused, in accordance with the law still should bear the liability.

(B) the contract change

Change the contract is to maintain the original contract, the contract is only the content changes, so that in a fair contract on the basis of specific performance. Specifically, the main way to change the contract as follows:

First, change the subject matter. Based on principles of contract law of the type of debt is a sure delivery to the subject matter, in principle, the debtor can change. However, cases of changes which a party can not deliver the subject of the contract, the debtor should be allowed to change to the same kinds of other objects instead of the original subject matter. However, if the cause can not be certain of delivery, not because of specific alternative of the other, in such circumstances it is not appropriate to change the subject matter of the way.

Second, the amount of change in the subject. In double in the contract for both sides there is a relationship between the price, but there are some which the ratio between. If the proportion of cases lead to great changes disorders, should be subject to increase or decrease the amount, so that the two sides have taken place in the implementation of change, so that balance the interests of both sides. In the use of this method must pay attention to changes in the limits of the problem, to determine a reasonable standard to accurately assess the value ratio between the two sides to remove Xianshigongping phenomenon. In determining reasonable standards, consideration should be given the contract the parties must assume the risk of transactions, such as the risk of currency depreciation.

Third, postponed or phased implementation. This situation is actually referring to the period of change, mainly applicable to the contract dates, changes have taken place in cases of obstruction to the contract as scheled, the parties hope to continue to fulfil contractual obligations, but through changes to achieve the purpose of the contract period to avoid Fair result. Therefore, the negative impact of one of the parties that extension or phased implementation.

Fourth, the first to refuse to perform. This mainly refers to one of the parties have the obligation to perform the contract, while in the discharge of arrival, the other party to change because of violations led to significantly rece property, credit or other crisis situations, difficult to treat payments, not the other party in the Regular treatment can be provided to carry out a security, can refuse to perform the contract. However, a party must have for each other difficult to treat cases of changes in the implementation of the exact evidence, it should bear the losses caused by this responsibility.

To investigate the cases of change e to changes caused by the contract issue, the parties must explore the object of the exercise of the right to change the problem. It should be said that cases of change circumstances, one of the parties to the contract changes to the exercise of the right target is the terms of the contract. On the scope of the terms of the contract, all countries in the world of law not the same. Such as Hungary, the former Yugoslav countries such as the Civil Code stipulates that violations by the change of one of the parties have the right to change the terms, it could be any of the provisions in the contract.

Fifth, change the subject matter. Based on principles of contract law of the type of debt is a sure delivery to the subject matter, in principle, the debtor can change. However, cases of changes which a party can not deliver the subject of the contract, the debtor should be allowed to change to the same kinds of other objects instead of the original subject matter. However, if the cause can not be certain of delivery, not because of specific alternative of the other, in such circumstances it is not appropriate to change the subject matter of the way. Countries such as Greece and the Civil Code stipulates that violations by the change of one of the parties have the right to change the terms of the contract only in terms of the number of 327-328.

Third, the subject of change. Based on principles of contract law of the type of debt is a sure delivery to the subject matter, the debtor can change in principle. However, cases of changes which a party can not deliver the subject of the contract, the debtor should be allowed to change to the same kinds of other objects instead of the original subject matter. However, if the cause can not be certain of delivery, not because of specific alternative of the other, in such circumstances it is not appropriate to change the subject matter of the way. The author believes that cases of change from the principle of the spirit, by the parties to change the terms of the contract should be present in the cases of those who have changed the role, if the discharge will continue to be adversely affected party Xianshigongping, However, after the changes but also to avoid the terms. Therefore, from the fact that state, is within the scope of such a clause is not limited to the number of terms in the contract, but only some of these provisions, but is by no means any of the provisions. As mentioned above, change the principle of non change the validity of the contract performance in the above four aspects, and these changes to the way contracts have been fully described in cases where a party changes can change the terms of the contract is limited to the amount, ration , To form and subject, and other provisions, and also to change the subject of the contract will be limited to the subject by the same type of alternative. Because of these provisions of the change, effective from the adverse effects of changes to a party because of violations Xianshigongping change the role of the contract.

⑶ 又沒又懂日本合同法得求助！

你好！
首先，我聲明我不懂日本的合同法，因為就你的情況根本用不上日本什麼法規，你是一名就學生，也叫留學生，只是拿的就學簽證，基本是6個月已簽，日本政府規定留學生在日本每天工作不得超過4個小時，我也是日本留學過的人，所以我知道，如果每天工作4個小時，剛剛能養活自己，所以既然你知道別人都不幹了，又得不到錢。你找個別的工作或是找個可以讓你延長勞動時間的工作不就可以了，另外在日本的短期工作，根本不用簽訂什麼合同，就是老話「偷棵白菜何必用炮轟」一個道理。

⑷ 日本法律合同法在私下兩人之間的合同在日本生效嗎

按照一般的契約原則，只要合同內容不違反當地法律都是有效的。

⑸ 在日本，履行合同發生爭議依據哪部法律解決

兩者都是需要的。

兩者裡面的規定會有重疊的地方。若對同一事件有不同規定，依照特殊法優於一般法的規則，因為日本合同法是特殊法，適用日本合同法。

以上僅供參考

望採納！

⑹ 日本合同法那一年頒布

日本的合同法包含在日本的民法典內，日本最初的民法典是1890年公布的，由日本政府所招聘之法國學者Boissonade起草，

⑺ 和在日本的中國人簽合同具有法律效力嗎

我國法律訴訟採用原告就被告原則，若對方違約需在對所在地法院起訴。

⑻ 我們和日本公司的合同法律上有效嗎

首先，我們的合同法來是承認電子合同的自，所以合法性不成問題，《合同法》第32條規定，合同自雙方當事人簽字或蓋章時成立，但對「簽字或蓋章」是否包括電子簽名未做明確規定；該條還規定，當事人採用信件、數據電文等形式訂立合同的，可以在合同成立之前要求簽訂確認書，簽訂確認書視為合同成立，但該合同是否有效還取決於這份合同是否雙方簽有確認書。
所以嚴格按照我們的合同法，如果有相關的經過雙方簽字的確認書，這份合同就有法律效力了。否則，這份合同依舊是個沒有簽字蓋章的草稿。
國際上一般這類電子合同如果有數字簽名和數字證書認證那麼就是有效合同了。