FAQ Archives - Page 13 of 94 - Ohara & Furukawa

December 5, 2017

What is the Saiban-in system?

In 2004 the Japanese government passed a law to create a jury-like system for Japanese criminal trials. In 2008 that legislation was put into force as the saiban-in system.

December 4, 2017

What types of compulsory execution are there in Japan?

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

November 29, 2017

Are prenuptial agreements legal in Japan?

Japan’s Civil Code section regarding prenuptial agreements states that husbands and wives may enter into a contract before marriage that authorizes a different asset distribution from the normal statutory division used in a divorce. This allows the husband and wife to enter into a prenuptial agreement regarding the division of their assets upon divorce. However, there are some strict conditions on the use of this statute that couples should be aware of.

November 27, 2017

How do cases appear before the Japan Supreme Court?

The Supreme Court is the highest court in Japan and the final arbitrator of legal disputes. For a case to get heard by the Supreme Court it must have been litigated, and have reached a judgment, at every lower court without having settled or been dismissed. Therefore, it is quite rare for cases to reach the level of the Supreme Court in Japan.