Ohara Law Office

September 25, 2017

Can spouses always claim part of an estate in Japan?

Even if a deceased writes a will that excludes a spouse or child, under Japanese law, a spouse can almost always claim a portion of the estate by right.  This portion may not be as large as the spouse would have received if there had been no will at all, but this provision is meant to ensure that spouses will always receive something upon the death of their partner.
September 22, 2017

What parties are involved in performing a corporate reorganization in Japan?

When a company undergoes corporate reorganization to stabilize its business and avoid bankruptcy, two key officials will be appointed by the court to oversee the process: a Trustee and an Examiner.
September 20, 2017

How long can you prevent acceptance of a divorce registration in Japan?

Spouses who are worried that their partner might file a fraudulent divorce registration in Japan can file a Non-Acceptance of Notification of Divorce (rikon fujuri moshidesho 離婚不受理申出書) in order to prevent acceptance of a divorce form.  While this non-acceptance used to only last for 6 months, in 2008 the law was changed to allow such non-acceptance to be valid until withdrawn by the submitting spouse.
September 19, 2017

Can witnesses appear by video conference in Japan?

While trials in Japan normally take place as close as possible to the location of witnesses and evidence, sometimes witnesses from far away locations must be consulted on some aspect of the trial.  However, having these witnesses come to the court from a faraway location is not always possible.  Therefore, in order to facilitate the appearance of witnesses from remote areas, Japanese courts sometimes allow for the examination of witnesses by video conference.