FAQ Archives - Page 84 of 94 - Ohara & Furukawa

February 23, 2016

Is it possible for both spouses to keep their original family names after marriage?

Upon marriage in Japan a Japanese couple must choose to adopt either the wife’s or the husband’s family name. Therefore, it is not possible for both spouses to keep their pre-marriage names. This is due to the peculiarities of Japan’s family registration system. When two people marry in Japan, one spouse moves into the other’s family tree and takes the other spouse’s family name. Therefore, it isn’t normally possible to have a spouse with a different name from the rest of the family tree. Even though it is equally possible for a husband to take his wife’s last name upon […]

February 23, 2016

Can a minor marry without the consent of his or her parents?

In Japan, the minimum age for marriage is 18 for men and 16 for women. However, minors, those under 20 years of age, need parental consent to marry. The consent of only one parent is sufficient in cases where the other parent is unknown, has died or is unable to indicate intent.

February 23, 2016

What is a Seller’s Warranty?

The Japanese Civil Code contains certain provisions that establish what is known as the “seller’s warranty.” The seller’s warranty demands that the seller fix any problems relating to lack of good title, a discrepancy in quantity, or where there is a latent defect in the product. If any of these situations arise the seller’s warranty requires that seller fix these problems.

February 23, 2016

Is giving a gift a type of contract?

The giving of gifts is also considered a type of contract in Japan. Since these contracts involve one party donating a gift to the other party for nothing in return, Japanese law allows oral gift promises to be cancelled before completion. However, any part of the gift that has already been completed cannot be withdrawn.