Author
Asst Prof Danil Polynovskii
Organisation/Institution
Kyushu University, Faculty of Law
Country
JAPAN
Panel
Private Law
Title
Conditions and Legal Pendency in Private Law: Comparative Insights from Asia-Pacific Legislations
Abstract
This paper contributes to one of the grand concepts in private law: conditions. Condition is a future uncertain event which might happen or not. The paper takes a closer look on the so-called legal pendency period – the period before the condition occurs. It is the time frame when the contracting party ‘expects’ a subjective right to finally form. Analysis is comparative and includes two parts: historical-doctrinal and legislative. Doctrinal part includes an explanation of how differently the legal pendency is understood in the leading schools: German (‘Anwartschaftsrecht’), French (‘Retroactive formula’) and English (‘Degrees of obligation’) literature. Unique clues from the scholars in Asia-Pacific region are also expected. Legislative part is a comparative data analysis of more than 40 civil codifications from around the globe, with a certain emphasis on Asia-Pacific region: China, Japan, Indonesia, Singapore, South Korea, Thailand included. Provisions on the legal pendency (pending conditions) in the civil law legislation are the focus of the paper. Protection mechanisms for contracting parties in the period of legal pendency differ from legislation to legislation, but upon the analysis all the countries could be divided into 3 groups: negligent, satisfactory, and proficient levels of regulation/protection. Asia-Pacific legislations will have representation in each of the groups. Along the analysis, the paper also explores the question on bona fide acquisition of the ‘expected’ item by the third party in the event the contracting party is ‘expecting’ the condition to occur. This question is problematic and requires explanation, especially in the context of comparative research. Author’s ultimate goal is to show and suggest possible mechanisms of protection for contracting parties during the period of legal pendency. The paper will be of a theoretical and practical value to the legislators and scholars in countries of Asia-Pacific region with less available regulation on conditions.
Biography
Danil Polynovskii, 26 years old, originally from Russia, holding LLM (International Economic and Business law) and PhD (Law) from Kyushu University, Japan. Currently working as full-time Assistant Professor at Faculty of Law, Kyushu University. My research interests are: Private law, Private International law, Contract law. My doctoral thesis is a comprehensive comparative study on conditions in private law emphasizing the uncertainty issues and limitations surrounding the concept of conditions. During academic endeavors, participated in numerous amount of legal conferences and arbitration competitions. My experiences outside of academic included working as Attorney assistant (submitting legal action and other court documents), Public notary assistant (working with clients in non-corporate matters), and in Free legal consultation services (for elderly and other vulnerable groups). My skills include legal research, public speaking, presentations and project management.
