SASAOKA Manami : Commercial Law and Company Law

 

Recent Research Field   Modernization of Commercial Transaction Law

Courses taught

Special Research on Commercial LawⅠ／Study on Maritime Law／Seminar

 

Areas of research interest

I'm researching commercial law, with a specific focus on commercial transaction law. In particular, commercial transaction law adopts various special rules different from general civil law, such as short-term extinguishment of liability, and I am interested in clarifying the substantive basis that justifies these rules and how they have evolved in the modern period.

For example, transactions involving the transportation of goods, which are a type of commercial transaction, are established through a contract between the shipper (consignor) and the carrier. However, during the execution of the transportation, the presence of the consignee as the recipient of the goods is required. Despite not being a contracting party, the consignee is expected to become a legal and contractual entity responsible for rights and obligations. Furthermore, whether the consignee as a third party can be unconditionally bound by the terms of the transportation contract (e.g., a jurisdiction clause or a liability limitation clause in the transportation contract); whether the claim is subject to reduction by the terms of the contract in cases where the consignee chooses to pursue a claim for damages based on tort as a cause of action, and if the above is affirmed, what are the legal basis and requirements—I further examine these points while comparing them with foreign legal and other systems.

Recently, I have also been researching what kind of legal systems are appropriate for new businesses where legal regulations are still insufficient, such as transportation using spacecraft or drones.

 

Class content

In the fields of commercial law and corporate law, it is essential not only to acquire knowledge of positive laws but also to understand their specific applications. Thesis topics can also be discovered through the analysis of case laws. Therefore, in Study on Maritime Law, I offer classes that involve in-depth reading of important judicial precedents in the fields of commercial law and maritime law. In these classes, I explain the fundamental way of reading judicial precedents, methods for collecting materials, and techniques for interpretation, using students’ reports as source materials.

In addition, I offer classes for students in the Doctoral Program (Special Research on Commercial Law 1). In my classes, we read foreign literature that explores the codification of commercial law and the framework for understanding commercial law and business law from an academic perspective.

 

Message to students

For those who wish to major in the Department of International and Business Law

You may think that commercial law and corporate law are advanced and technical fields, but they are also incredibly profound fields of study from a historical perspective. Rules that can be traced back to the Code of Hammurabi have evolved over time and are still applicable in the modern era. In addition, as active efforts to unify laws are underway by international organizations such as the United Nations Commission on International Trade Law (UNCITRAL) and international private entities, it is also possible to approach these subjects from the perspective of international issues. Even if you do not specialize in commercial law and corporate law, I encourage you to explore the world of commercial law through my classes and programs.