FAQ Archives - Page 24 of 93 - Ohara & Furukawa

July 11, 2017

What happens to the contracts that a debtor is still performing at the start of a bankruptcy proceeding?

Sometimes, a debtor will still be in the process of performing a contract when he or she files for bankruptcy. If the contract is still at a stage where both the debtor and the contracting party have not finished their performance, the liquidator often has the choice between continuing the contract or canceling it completely. If performance on the contract would result in further assets for the debtor to distribute to creditors, it is in court’s interest to allow the debtor to continue performance of the contract.

July 5, 2017

Are most cases settled in Japan?

Many cases in Japan are settled by the parties before the final judgment is delivered. Many judges actually encourage parties to settle their disputes as it is usually easier to enforce an agreement that both parties have negotiated rather than an order granted by a judge.

July 3, 2017

Is it possible to sue someone for engagement fraud in Japan?

Breach of a promise to marry can lead to an award of damages in Japan. Furthermore, similar to some types of commercial contracts, promises to marry do not have to be written down to be enforceable, as long as there is enough evidence to show the existence of the promise. In many cases for breach of a promise to marry, the promise can be proved through showing that the couple had a traditional engagement ceremony, notified family and friends or purchased rings before the promise was broken.

June 30, 2017

Is it possible to request a copy of foreigner registration records in Japan?

The Ministry of Justice will accept requests for disclosure of alien registration records for foreigners living in Japan. Having a copy of these records can help foreign nationals clarify the source of their immigration problems or provide evidence in an immigration dispute. However, these records contain very private information and therefore, the Ministry of Justice takes great care to avoid disclosing them to the wrong person. The ministry does this by ensuring that only applications for disclosure by certain people will be accepted.