general practice Archives - Page 2 of 13

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 […]

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 […]

December 29, 2017

Can police in Japan make an arrest without a warrant?

In most cases, the police require a warrant in order to arrest someone. To obtain a warrant the police, or public prosecutor, must present evidence to a judge who then will issue a warrant if convinced that there is probable cause to suspect that the target of the warrant has committed a crime. The lengthy process of obtaining a warrant protects the public from baseless arrests but there are two main exceptions. First, warrants need not be obtained for flagrant offenders who are caught in the commission of a crime or immediately thereafter. Second, in cases of great urgency where […]

December 22, 2017

What can the Japan Legal Support Center help with?

The goals of the Japan Legal Support Center (JLSC) extend beyond providing legal support to financially disadvantaged individuals. Another important goal of the JLSC is helping victims of crimes by providing support and acting as a referral agency to help victims and their families deal with the multitude of legal issues that they face. The JLSC can provide information regarding the criminal justice system and the potential for recovery of damages. If necessary, the JLSC can also refer crime victims to an attorney to help them with their case or potentially help the client by advancing legal fees if the […]