THE INFLUENCE OF CONDIFICATION TECHNIQUES IN THE FRENCH CIVIL CODE (1804) AND THE GERMAN CIVIL CODE 1896 ON RUSSIAN AND JAPANESE LAW

Abstract

This article examines the influence of Western European law, particularly the French Civil Code and the German Civil Code, on codification techniques in Russia and Japan from a comparative legal perspective. The purpose of the study is to clarify how Western codification models were received, applied, and adapted under different political, economic, social, and cultural conditions, and to draw implications for contemporary legal system development. The research employs historical–legal analysis, comparative law methodology, and doctrinal analysis of legislative texts. The findings indicate that Russia primarily absorbed Western codification through methodological learning and legal reasoning, combined with a continuous codification approach grounded in a strong theoretical framework, whereas Japan adopted a selective and pragmatic strategy, initially influenced by French law and subsequently shifting toward German models. Despite their differing trajectories, both countries demonstrate that codification is not a process of mechanical legal transplantation but one of creative adaptation between foreign legal models and domestic conditions. The study contributes to the theoretical discourse on legal reception and codification techniques by providing a systematic comparison of Russia and Japan, and offers valuable references for legislative reform and the modernization of legal systems in civil law jurisdictions, particularly Vietnam and other countries with written law traditions.