Commercial Transactions Archives - Page 4 of 15

May 23, 2019

Inspection of Goods in Contracts in Japan

With regard to inspection of goods in contracts in Japan, a major problem arises in purchase and sales agreements when the seller and buyer are not clear on the products that are to change hands. The seller may ship a certain quality and quantity of products that he or she thinks the buyer wants, when in fact the buyer actually was hoping for something completely different. In these cases it is always best for the buyer to inspect products upon receipt. However, whether the buyer has an obligation to do so depends on the terms of the contract or whether […]

November 16, 2018

Industries Common in Kansai

If you are thinking of starting a business in Kansai Japan (such as in Osaka, Kyoto, etc.), it is important to understand the type of industries common in Kansai. There are a wide range of industries common in Kansai. The Kansai area, composed of the area surrounding Osaka, Kyoto, Kobe and Nara, has been a major hub of business and commerce since ancient times in Japan. Kansai’s traditional role as a hub of industry continues to this day but modern enterprises have taken their place alongside more traditional crafts. Some of the major companies that have their headquarters in the […]

November 14, 2018

Mandatory Provisions for Japanese Contracts

For the most part, parties have freedom of contract in Japan and are allowed to include, or not include, whatever they want in their contract. However, there are exceptions to this generally lenient rule and the Japanese Civil Code does set forth some cases which require mandatory provisions for Japanese contracts . Certain contracts are subject to special mandatory provisions that are automatically inserted into the contract by law. One example is for contracts governing the lease of land for the purpose of owning a building. The Land Lease and House Lease Act provides that these contracts shall have a […]

August 2, 2018

Contracts and Public Policy In Japan

It is necessary to have an adequate understanding of Japanese law to ensure that a contract does not violate public policy in Japan. The interaction between contracts and public policy in Japan is a complex one. Parties in Japan are free to contract regarding almost anything but contracts that are against public policy are considered void. This makes sense and most people would agree that the concerns of public health and safety outweigh the parties’ right to enforce a contract for the sale of illegal drugs. However, there is no specific line to determine which contracts will be considered as […]