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 […]
November 7, 2018

Divorce and Property Division in Japan

Divorce and property division in Japan are often dealt with as completely separate issues. Although the general rule for division of assets in Japan is a 50/50 split of assets earned during the time of cohabitation, it is not always easy to calculate. Also, it is possible that the time of cohabiting with a spouse prior to marriage could also be counted for this. Divorce and property division in Japan is often resolved through mediation in the family court. In some cases both parties to a divorce may be convinced that they will never be able to work out their […]
November 6, 2018

Japanese and Foreign National Marriage Outside Japan

A Japanese and foreign national marriage outside Japan obviously must first obey the laws of that foreign country.  While laws and regulations regarding marriage are generally similar in most developed countries, it is important to check with local authorities to ensure that all of the correct procedures are being followed. One of the requirements for marriage in a foreign country is likely to be the submission of a “certificate of eligibility to contract marriage.”  This certificate is often required because the foreign country must confirm that the Japanese citizen is not currently married in Japan and that there is no […]
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 […]