Japanese Attorney at Law - Bengoshi L.L.

Race to the Proceeds: Preferential Rights vs. General Creditors in Japanese Supreme Court Case

Date of Judgment: July 19, 1985 Case Name: Action for Objection to Distribution Table Court: Supreme Court of Japan, Second Petty Bench In the world of commerce, creditors employ various means to secure repayment of debts. Beyond consensual security like mortgages or pledges, Japanese law provides for "statutory preferential

Securing the Unsecured: When Can a Supplier Claim a Contractor's Receivables in Japan?

Date of Decision: December 18, 1998 Case Name: Appeal with Permission against Decision Dismissing an Execution Appeal against an Order for Attachment and Assignment of Claim Court: Supreme Court of Japan, Third Petty Bench In the complex web of commerce, suppliers of goods often face the risk of non-payment, especially

No Right to Hold On: When Post-Termination Expenses Don't Justify Retaining Property in Japan

Date of Judgment: July 16, 1971 Case Name: Claim for Vacant Possession of House, etc. Court: Supreme Court of Japan, Second Petty Bench The Japanese Civil Code grants a possessor of another's property a "right of retention" (ryūchi-ken), allowing them to hold onto the property until

Holding On: The Japanese Supreme Court on a Seller's Right of Retention Against Subsequent Property Owners

Date of Judgment: November 16, 1972 Case Name: Claim for Vacant Possession of Building Court: Supreme Court of Japan, First Petty Bench In commercial and private transactions, the Japanese Civil Code provides a powerful self-help remedy known as the "right of retention" (ryūchi-ken). This right allows a person

Collective Rights, Collective Voice: Japanese Supreme Court on Iriai Associations' Standing to Sue

Date of Judgment: May 31, 1994 Case Name: Claim for Confirmation of Ownership, etc. Court: Supreme Court of Japan, Third Petty Bench Japanese law recognizes unique forms of traditional communal landholding, notably iriai-ken (customary common rights of use, often over forests, grasslands, or fishing grounds) and property held in sōyū

Money Talks, But Who Does It Belong To? A Japanese Supreme Court Case on Ownership of Misappropriated Funds

Date of Judgment: January 24, 1964 Case Name: Third-Party Objection to Provisional Attachment Court: Supreme Court of Japan, Second Petty Bench Money, in its tangible form of cash, is a peculiar asset. While it's a physical object, its primary significance lies not in its material composition but in

Fair Share or Fair Price? A Japanese Supreme Court Landmark on Partitioning Co-owned Property

Date of Judgment: October 31, 1996 Case Name: Claim for Confirmation of Share Rights and Partition of Co-owned Property Court: Supreme Court of Japan, First Petty Bench The division of co-owned property can be one of the most contentious issues in property law, particularly when co-owners have differing needs, desires,

Co-ownership and Correcting the Record: A Japanese Supreme Court Decision on False Property Registrations

Date of Judgment: July 11, 2003 Case Name: Claim for Cancellation of Registration of Full Share Transfer, etc. Court: Supreme Court of Japan, Second Petty Bench The realm of co-owned property often gives rise to complex legal questions, particularly when the official property register does not align with the true

Who Owns an Incomplete Building Finished by Another? A Japanese Supreme Court Look at Accession vs. Processing

Case Reference: Supreme Court of Japan, First Petty Bench, Judgment of January 25, 1979 (Showa 54) (Case No. 872 (O) of 1978 (Showa 53)) Subject Matter: Claim for Vacation of House (家屋明渡請求事件 - Kaoku Akewatashi Seikyū Jiken) Introduction This article examines a 1979 Japanese Supreme Court judgment that addresses a

Rooftop Additions in Japan: Who Owns Them? A Supreme Court Look at Accession

Case Reference: Supreme Court of Japan, Third Petty Bench, Judgment of July 25, 1969 (Showa 44) (Case No. 120 (O) of 1969 (Showa 44)) Subject Matter: Claim for Building Removal and Land Vacation (建物収去土地明渡請求事件 - Tatemono Shūkyo Tochi Akewatashi Seikyū Jiken) Introduction This article delves into a 1969 Japanese Supreme

Landlocked Property in Japan: Does a Special Right of Passage Survive Sale of the Access Land?

Case Reference: Supreme Court of Japan, Third Petty Bench, Judgment of November 20, 1990 (Heisei 2) (Case No. 181 (O) of 1986 (Showa 61)) Subject Matter: Third-Party Objection, Confirmation of Right of Passage, Land Vacation, etc. Claim Case (第三者異議、通行権確認、土地明渡等請求事件 - Daisansha Igi, Tsūkōken Kakunin, Tochi Akewatashi tō Seikyū

Possessory Actions vs. Title Claims in Japan: Can a Landowner Counterclaim for Eviction in a Possession Suit?

Case Reference: Supreme Court of Japan, First Petty Bench, Judgment of March 4, 1965 (Showa 40) (Case No. 654 (O) of 1963 (Showa 38)) Subject Matter: Main Claim for Maintenance of Possession and Counterclaim for Building Removal and Land Vacation (占有保持請求本訴ならびに建物収去土地明渡請求反訴事件 - Sen'yū Hoji Seikyū Honsō narabi ni

Stolen Goods, Good Faith Purchasers, and the Right to Reimbursement in Japan: Balancing Interests Under Civil Code Article 194

Case Reference: Supreme Court of Japan, Third Petty Bench, Judgment of June 27, 2000 (Heisei 12) (Case No. 128 (Ju) of 1998 (Heisei 10)) Subject Matter: Main Claim for Delivery of Movables, Counterclaim for Return of Purchase Price (動産引渡請求本訴，代金返還請求反訴事件 - Dōsan Hikiwatashi Seikyū Honsō, Daikin Henkan Seikyū Hanso Jiken)

Immediate Acquisition of Movables in Japan: Is "Constructive Possession" Enough?

Case Reference: Supreme Court of Japan, First Petty Bench, Judgment of February 11, 1960 (Showa 35) (Case No. 1092 (O) of 1957 (Showa 32)) Subject Matter: Claim for Confirmation of Movable Ownership, Delivery thereof, etc. (動產所有権確認同引渡等請求事件 - Dōsan Shoyūken Kakunin Dō Hikiwatashi tō Seikyū Jiken) Introduction This article analyzes a

Inheritance and Acquisitive Prescription: Can an Heir's Possession Become "Ownership" in Japan?

Case Reference: Supreme Court of Japan, Third Petty Bench, Judgment of November 12, 1996 (Heisei 8) (Case No. 228 (O) of 1995 (Heisei 7)) Subject Matter: Claim for Land Ownership Transfer Registration Procedures (土地所有権移転登記手続請求事件 - Tochi Shoyūken Iten Tōki Tetsuzuki Seikyū Jiken) Introduction This article explores a 1996 Japanese Supreme

Corporate Possession vs. Personal Liability: Who is Sued When a Company Occupies Land?

Case Reference: Supreme Court of Japan, Second Petty Bench, Judgment of February 15, 1957 (Showa 32) (Case No. 920 (O) of 1954 (Showa 29)) Subject Matter: Claim for Land Delivery and Damages (土地引渡並びに損害金請求事件 - Tochi Hikiwatashi narabi ni Songaikin Seikyū Jiken) Introduction This article examines a 1957 Japanese Supreme Court

Perfecting Rights to Standing Timber in Japan: The Enduring Requirement of "Meinin Hōhō" (Clear Recognition)

Case Reference: Supreme Court of Japan, First Petty Bench, Judgment of May 4, 1961 (Showa 36) (Case No. 355 (O) of 1957 (Showa 32)) Subject Matter: Claim for Confirmation of Ownership of Standing Timber, etc. (立木所有権確認等請求事件 - Tachiki Shoyūken Kakunin tō Seikyū Jiken) Introduction This article examines a 1961 Japanese

Perfecting Security Over Movables in Japan: The Role of "Constructive Possession" (Sen'yū Kaitei)

Case Reference: Supreme Court of Japan, First Petty Bench, Judgment of June 2, 1955 (Showa 30) (Case No. 952 (O) of 1953 (Showa 28)) Subject Matter: Claim for Delivery of Movables (動産引渡請求事件 - Dōsan Hikiwatashi Seikyū Jiken) Introduction This article examines a 1955 Japanese Supreme Court judgment that addresses a

Unregistered Easements in Japan: When Can Visible Use Trump Lack of Registration Against a New Landowner?

Case Reference: Supreme Court of Japan, Second Petty Bench, Judgment of February 13, 1998 (Heisei 10) (Case No. 966 (O) of 1997 (Heisei 9)) Subject Matter: Claim for Passage Easement Registration Procedures, etc. (通行地役権設定登記手続等請求事件 - Tsūkō Chiekiken Settei Tōki Tetsuzuki tō Seikyū Jiken) Introduction This article analyzes a 1998 Japanese

"Bad Faith Acquirer" in Property Chains: Does the Taint Pass to Subsequent Buyers?

Case Reference: Supreme Court of Japan, Third Petty Bench, Judgment of October 29, 1996 (Heisei 8) (Case No. 956 (O) of 1993 (Heisei 5)) Subject Matter: Claim for Confirmation of Public Road, etc. (公道確認等請求事件 - Kōdō Kakunin tō Seikyū Jiken) Introduction This article delves into a 1996 Japanese Supreme Court

Relocating a Japanese Company's Head Office (Honten Iten) to a Different Jurisdiction: What are the Registration Steps?

A Japanese stock company (株式会社 - kabushiki kaisha, or KK) may decide to relocate its head office (本店 - honten) for a multitude of strategic reasons, such as accessing new markets, consolidating operations, or taking advantage of different regional incentives. While moving a head office within the same registrar'

How to Change a Japanese Stock Company's Method of Public Notice (Koukoku Houhou) and Register the Change

Under Japanese law, stock companies (株式会社 - kabushiki kaisha, or KK) are required to make certain public notices (公告 - kōkoku) regarding important corporate matters. These notices serve to inform shareholders, creditors, and the general public of significant events such as financial results, capital reductions, mergers, or dissolution. The method

Changing a Company's Business Purposes (Mokuteki) in Japan: Procedures and Registration

A company's business purposes (目的 - mokuteki) define the scope of activities it is legally authorized to undertake. In Japan, these purposes are a fundamental component of a stock company's (株式会社 - kabushiki kaisha, or KK) Articles of Incorporation (teikan) and are also recorded in the

How Do You Change a Company's Trade Name (Shogo) in Japan and Register It?

A company's trade name (商号 - shōgō) is more than just a label; it's a fundamental aspect of its legal identity in Japan. It's the name under which the company conducts business, enters into contracts, and is recognized by authorities and the public. Therefore,

Convening a Board of Directors Meeting in Japan: What is the Correct Procedure?

In Japanese stock companies (株式会社 - kabushiki kaisha, or KK) that have established a board of directors (取締役会 - torishimariyakukai), the board meeting is the central forum for making significant business decisions and overseeing the company's management. For the resolutions passed at these meetings to be legally valid