Accepted Paper

The Evolution of Japanese Inheritance Law: European Influences, Cultural Heritage, and Comparative Insights  
Natalia Alenkina

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Paper short abstract

My paper examines the evolution of Japanese inheritance law through the reception of European legal standards and their adaptation to cultural traditions, focusing on family structure, spousal rights, ancestor-related property, and consensus-based dispute resolution.

Paper long abstract

My paper examines the evolution of Japanese inheritance law, highlighting the interplay between traditional cultural norms and the selective adoption of European legal standards. Key developments include the abolition of the patriarchal family model, the special status of spouses in inheritance, unique rules governing items related to ancestor veneration, and the Family Court’s consensus-oriented approach to dispute resolution. Together, these features demonstrate Japan’s distinctive integration of Western legal concepts into a communitarian society while maintaining cultural continuity.

Modern Japanese civil law exemplifies a mixed legal system, incorporating elements from European, Chinese, and U.S. legal traditions, carefully adapted to local social norms. Inheritance law, in particular, illustrates how codified rules and informal, consensus-driven practices coexist, reflecting the tension between legal modernization and enduring cultural practices.

The study employs historical legal texts, Family Court decisions, and comparative analysis to trace the transformation of inheritance rules and their societal impact. Beyond its domestic significance, Japan’s experience provides insights for countries navigating similar challenges in balancing traditional norms with imported legal models. In this comparative perspective, Central Asian jurisdictions, including Kyrgyzstan, Uzbekistan, Kazakhstan, Tajikistan, and Turkmenistan, are highlighted briefly as examples where European-inspired legal reforms intersect with long-standing social customs.

By emphasizing the reception of European legal concepts within Japan, this research demonstrates broader mechanisms of legal adaptation and cultural accommodation. Its findings contribute to academic and practical discussions on law reform in culturally diverse societies, illustrating how legal systems can reconcile the preservation of cultural identity with contemporary legal and economic demands.

Ultimately, the project underscores the value of comparative approaches for cross-cultural understanding and highlights how Japanese legal experiences can inform global debates on inheritance law, while offering contextually relevant insights for regions encountering parallel challenges.

Keywords: Japanese inheritance law; European legal influences; comparative law; family law; mixed legal system; legal modernization

Panel INDLAW001
Law individual proposals panel
  Session 2