Abstract payment undertaking in Japanese private law -A historical and comparative review

[1] Problematic.　　In causalism-systems of contract law < >, the abstract payment undertaking makes one important exception. This type of legal act may be allowed only by the authorization of express disposition of statutes< >. Indeed, even when a legal order which require a "cause" for valid contract does not manifestly allow the abstract undertaking, some altenative instruments shall permit very similar results as if it were an real valid abstract undertaking< >. For exemple, in French civil law, "promesse de paiement non causée" and "délégation certaine" may be considered as alternative instruments of this nature. Some authors even qualify these operations as "abstrait". [2] Importance of the problem in the context of ineternational trade.　　In the international commerce, Stand-by Credit or First Demand Guarantee < >, which has been created in recent 30 years on the field of banking service of foreign exchange, is considered as typical abstract payment undertaking. This kind of undertaking involve difficult problem in causalism system of contract< >. By the way, few author declare that the japanese contract law might be "anti-causalisme" system< >. In spite of the elimination of provisions about "cause" from Japanese Civil Code, some japanese civil law authors invoke "cause" as a device for introducing the theory of "justice contractuelle", ainsi, "obligations inhérentes". [3] Revision of Actual Civil Code of Japan and abstract undertaking. Currently the Legislative Council of Ministry of Justice is considering a revision of Japanese Civil Code - Book of Obligations. Indeed, in this work, Council does not mention this issue< >. This brief discours makes an esquisse of the historical review on the abstract undertaking in European and Japanese Private Law. [4] Structure of this article. The author treat in this provision a simple promises to pay an amount of money as an asset transfer (Zuwendung / acte d'attribution). In system of causalisme of contact, two alternatieves should be observed: Procedural abstraction of debt acknowlegement (I) and Material abstraction of délégation (II).