FAQ Archives - Page 2 of 94 - Ohara & Furukawa

July 7, 2022

Child’s Surname in Japan

Normally in Japan, married couples are required to share the same last name. This requirement is based on the need to centralize the family in one family registry under one single name. When a baby is born to a couple with the same last name, the child’s surname in Japan will naturally be the name of its parents.

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 21, 2022

Enforce a Foreign Judgment in Japan

In many cases, it is possible to enforce a foreign judgment in Japan, however, Japanese courts will only recognize a final foreign judgment and enforce it in Japan if it meets certain conditions. First, the judgment must have been ordered by a court with proper jurisdiction and proper service must have been given to the defendant. Second, the judgment must not be contrary to public policy in Japan. Finally, a Japanese court will be reluctant to enforce a foreign judgment if the foreign country does not recognize Japanese court judgments in return.

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 […]