FAQ

June 3, 2024

Advanced Considerations for Global Businesses

As globalization continues to expand, understanding the intricacies of Japanese contract law becomes crucial for international businesses. This post delves into advanced topics of Japanese contract law and international trade, providing critical insights for companies engaged in cross-border transactions. Contract Interpretation and Ambiguity In Japanese contract law, the interpretation of contractual terms follows specific principles. Courts in Japan prioritize the intent of the parties involved, often examining the context and circumstances under which the contract was formed. This approach can be particularly important in cases where contract terms are ambiguous or open to multiple interpretations. Subjective vs. Objective Interpretation: Japanese […]
May 31, 2024

Navigating Contract Law in Japan and International Trade

In the increasingly globalized economy, understanding the nuances of contract law in Japan and its implications for international trade is essential for businesses looking to engage with Japanese counterparts. As a law firm specializing in international trade, we provide a comprehensive overview of the key aspects of Japanese contract law and practical considerations for foreign businesses. The Foundation of Contract Law in Japan Contract law in Japan is governed primarily by the Civil Code (Minpō), which was extensively revised in 2020 to modernize its provisions and make them more compatible with contemporary business practices. The fundamental principles of Japanese contract […]
June 28, 2022

Wage Garnishment in Japan

Wage garnishment in Japan is possible in the form of a “compulsory execution”. One of the many tools a creditor has to force a debtor to fulfill his obligation in Japan is to use compulsory execution to force the debtor to pay.  In some cases this can mean confiscating the debtor’s property, but under certain circumstances, perhaps the easiest and most efficient way is to garnish the debtor’s wages.  The debtor’s wages may be seized on a continuous basis until the debt and the creditor’s additional costs have been satisfied.
June 16, 2022

Risk of Loss in Japanese Contracts

When one party breaches a contract by not fulfilling their promise, the other party usually has grounds to sue them for damages.  A successful lawsuit will compel a court to award a monetary value that is determined to be equal to the amount of damage the non-breaching party has sustained. The monetary amount of these damage awards can be very subjective and will vary from case to case since wide discretion is given to the judge. The law regarding risk of loss in Japanese contracts may not be the same as the laws of other countries, so it is important […]