What types of compulsory execution are there in Japan?

Are prenuptial agreements legal in Japan?
November 29, 2017
What is the Saiban-in system?
December 5, 2017

In Japan, compulsory execution is divided into two general categories, compulsory execution of a pecuniary claim and compulsory execution of a non-pecuniary claim. 

In spite of these complicated names, the idea behind them is relatively simple.  Pecuniary simply means “having to do with money” so compulsory execution of a pecuniary claim is the enforcement of a monetary debt by the court.  This usually will involve docking the debtor’s salary or forcing him or her to sell property in order to satisfy the debt.

Non-pecuniary compulsory execution is for claims that are not based simply on money.  For example, when one party breach a contract to sell real property, the court may use compulsory execution to force the seller to transfer the real property to the buyer.  The court execution officer will physically evict the seller and transfer the property to the buyer as agreed in the contract.

If you have any questions about compulsory execution in Japan, please contact our office to set up a legal consultation.