Japanese Attorney at Law - Bengoshi L.L.

Qualified attorney (Japan & NY), CIPP/E & CIPP/US, MCIArb, CFE — guiding Japanese corporate law & compliance.

The Power of Pronounced Intent: A 1966 Japanese Supreme Court Ruling on "Benefit of Suit" in Complex Real Estate Title Disputes

Date of Supreme Court Decision: March 18, 1966 In the intricate world of real estate law, a clear title is paramount. However, chains of transactions, some potentially invalid, can cloud ownership, leading to complex litigation. A pivotal decision by the Second Petty Bench of the Supreme Court of Japan, rendered

Trapped by a Contradiction: Japan's Supreme Court on Enforcing Conflicting Court Orders via Indirect Compulsion

Date of Supreme Court Decisions: January 22, 2015 In the realm of legal enforcement, few situations present as stark a dilemma as when a party finds itself bound by two perfectly valid yet diametrically opposed court orders. This was precisely the predicament faced by the Japanese government (hereinafter "Y&

Enforcing Child Visitation in Japan: The Supreme Court's Stance on Indirect Compulsion

Date of Supreme Court Decision: March 28, 2013 The delicate and often emotionally charged issue of child visitation rights following a divorce presents significant legal challenges worldwide. In Japan, a landmark decision by the First Petty Bench of the Supreme Court on March 28, 2013, provided crucial clarifications on the

Enforcing "Thou Shalt Not": Supreme Court on Indirect Compulsion for Non-Action Obligations – A 2005 Japanese Case

Date of Decision: December 9, 2005 Case Name: Appeal Against Dismissal of Execution Appeal Against Indirect Compulsion Order (Permitted Appeal) Court: Supreme Court of Japan, Second Petty Bench Case Number: 2005 (Kyo) No. 18 Introduction When a court orders someone not to do something – for example, not to compete with

Forcing an Apology? How Japanese Courts Enforce Judgments for Defamation Apology Ads – Insights from a 1956 Supreme Court Case

Date of Judgment: July 4, 1956 Case Name: Apology Advertisement Claim Case Court: Supreme Court of Japan, Grand Bench Case Number: 1953 (O) No. 1241 Introduction Defamation can cause significant harm to an individual's reputation. In Japan, beyond monetary damages, Article 723 of the Civil Code allows a

Claiming Every Last Yen: Supreme Court on Extending Default Interest in Japanese Debt Distribution Proceedings – A 2009 Case

Date of Judgment: July 14, 2009 Case Name: Distribution Objection Case Court: Supreme Court of Japan, Third Petty Bench Case Number: 2008 (Ju) No. 1134 Introduction When a creditor enforces a monetary claim that includes ongoing default interest (damages for late payment), a practical question often arises during the attachment

Unlocking the Box: Supreme Court Paves Way for Creditors to Access Safe Deposit Box Contents – A 1999 Ruling

Date of Judgment: November 29, 1999 Case Name: Claim for Delivery of Movables Court: Supreme Court of Japan, Second Petty Bench Case Number: 1996 (O) No. 556 Introduction For creditors seeking to enforce judgments, assets hidden away in a debtor's bank safe deposit box have long presented a

Worthless Assets, Worthless Orders? Supreme Court Rules on JPY 0 Value in Assignment Orders for Shares – A 2001 Decision

Date of Decision: February 23, 2001 Case Name: Appeal Against Appellate Court's Annulment of Share Assignment Order (Permitted Appeal) Court: Supreme Court of Japan, Second Petty Bench Case Number: 2000 (Kyo) No. 39 Introduction The ultimate goal of civil execution proceedings is to provide tangible satisfaction to a

Encumbered but Assignable? Supreme Court Clarifies "Face Value" for Pledged Claims in Assignment Orders – A 2000 Decision

Date of Decision: April 7, 2000 Case Name: Appeal Against Dismissal of Execution Appeal Against Rejection of Assignment Order Application (Permitted Appeal) Court: Supreme Court of Japan, Second Petty Bench Case Number: 1999 (Kyo) No. 42 Introduction In Japanese civil execution proceedings, an "assignment order" (転付命令, tenpu meirei)

The Shifting Sands of "Face Value": Why Pre-Paid Client Funds Can't Be Assigned to Creditors Before a Lawyer's Work is Done – A 2006 Japanese Supreme Court Case

Date of Decision: April 14, 2006 Case Name: Appeal Against Dismissal of Execution Appeal Against Assignment Order (Permitted Appeal) Court: Supreme Court of Japan, Second Petty Bench Case Number: 2005 (Kyo) No. 33 Introduction In the world of debt collection in Japan, an "assignment order" (転付命令, tenpu meirei)

The Great Divide: Can a Third Party in a Collection Lawsuit Challenge the Creditor's Original Claim? A 1970 Japanese Supreme Court Ruling

Date of Judgment: June 11, 1970 Case Name: Collection Claim Case Court: Supreme Court of Japan, First Petty Bench Case Number: 1969 (O) No. 1075 Introduction When a creditor (let's call them X) seeks to recover a debt from their debtor (A), they might discover that A is,

Jockeying for Position: When a Creditor's Subrogation Suit Meets a Tax Authority's Collection Suit – A 1970 Japanese Supreme Court Case

Date of Judgment: June 2, 1970 Case Name: Real Estate Sale Price Claim Case Court: Supreme Court of Japan, Third Petty Bench Case Number: 1969 (O) No. 626 Introduction Imagine a debtor (A) owes money to multiple creditors. A also happens to be a creditor to a third party (Y)

Unlocking Trapped Value: Can Creditors Cancel Insurance Policies to Collect Debts? A 1999 Japanese Supreme Court Ruling

Date of Judgment: September 9, 1999 Case Name: Collection Claim Case Court: Supreme Court of Japan, First Petty Bench Case Number: 1998 (Ju) No. 456 Introduction When a debtor possesses a life insurance policy with a cash surrender value, this value represents a potential asset. For creditors seeking to recover

Caught in the Crossfire: Validity of a Third-Party Debtor's Deposit Amidst Competing Attachments – A 1985 Japanese Supreme Court Analysis

Date of Judgment: July 19, 1985 Case Name: Distribution Objection Case Court: Supreme Court of Japan, Second Petty Bench Case Number: 1983 (O) No. 1548 Introduction Imagine being a company (a "third-party debtor") that owes money to another business. Suddenly, you're bombarded with court orders from

Just Reporting Facts? The Legal Impact of a Third-Party Debtor's Statement in Japanese Attachment Proceedings

Date of Judgment: May 12, 1980 Case Name: Claim for Assigned Claim Court: Supreme Court of Japan, Second Petty Bench Case Number: 1979 (O) No. 1134 Introduction When a creditor seeks to attach a monetary claim owed by a third party to their debtor, the legal process often involves an

When a Claim in Suit is Attached: Can the Original Creditor Still Pursue Unconditional Judgment? Insights from a 1973 Japanese Supreme Court Decision

Date of Judgment: March 13, 1973 Case Name: Loan Repayment Claim Case Court: Supreme Court of Japan, Third Petty Bench Case Number: 1970 (O) No. 280 Introduction Imagine a scenario: a creditor is in the process of suing a debtor for repayment. Suddenly, a third party—a creditor of the

Navigating Pre-Arranged Payments and Subsequent Attachments: A Deep Dive into a 2006 Japanese Supreme Court Ruling

Date of Judgment: July 20, 2006 Case Name: Claim Collection Case based on Attached Claim Court: Supreme Court of Japan, First Petty Bench Case Number: 2004 (Ju) No. 226 Introduction In the complex world of financial transactions and debt recovery, the timing of events can be paramount. A critical issue

Effect of Rent Attachment After Property Sale: A 1998 Japanese Supreme Court Ruling

Case Name: Claim for Confirmation of Entitlement to Deposited Funds, etc. Court: Supreme Court of Japan, Third Petty Bench Case Number: Heisei 7 (O) No. 514 Date of Judgment: March 24, 1998 This article examines a significant Japanese Supreme Court judgment from March 24, 1998. The decision clarifies the enduring

Effect of Wage Garnishment After Resignation and Rehire: A 1980 Japanese Supreme Court Ruling

Case Name: Claim for Collection of Attached Claim Court: Supreme Court of Japan, Second Petty Bench Case Number: Showa 54 (O) No. 789 Date of Judgment: January 18, 1980 This article examines a Japanese Supreme Court judgment from January 18, 1980, which addressed the enduring effect of a wage garnishment

Attaching a Doctor's Future Medical Service Fees for Support Obligations: A 2005 Japanese Supreme Court Ruling

Case Name: Appeal Against a Decision Dismissing an Execution Appeal Against a Decision Partially Dismissing an Application for a Claim Attachment Order Court: Supreme Court of Japan, Third Petty Bench Case Number: Heisei 17 (Kyo) No. 19 Date of Decision: December 6, 2005 This article examines a significant Japanese Supreme

Specificity in Attaching Bank Deposits: A 2011 Japanese Supreme Court Decision

Case Name: Appeal Against a Decision Dismissing an Execution Appeal Against a Decision Dismissing an Application for a Claim Attachment Order Court: Supreme Court of Japan, Third Petty Bench Case Number: Heisei 23 (Kyo) No. 34 Date of Decision: September 20, 2011 This article examines a pivotal Japanese Supreme Court

Debtor's Possession After Seizure of Movables: A 1959 Japanese Supreme Court Decision

Case Name: Objection to Compulsory Execution Court: Supreme Court of Japan, Second Petty Bench Case Number: Showa 32 (O) No. 1140 Date of Judgment: August 28, 1959 This article examines a foundational Japanese Supreme Court judgment from August 28, 1959. The case clarifies the extent of a debtor's

Administrator's Powers and Tenant's Set-Off Rights in Secured Real Property Revenue Execution: A 2009 Japanese Supreme Court Ruling

Case Name: Claim for Rent, etc. Court: Supreme Court of Japan, Second Petty Bench Case Number: Heisei 19 (Ju) No. 1538 Date of Judgment: July 3, 2009 This article analyzes a landmark Japanese Supreme Court judgment dated July 3, 2009. The decision provides crucial clarifications on the scope of an

The Aftermath of a Successful Distribution Objection: A 1965 Japanese Supreme Court Ruling

Case Name: Distribution Objection Case Court: Supreme Court of Japan, Second Petty Bench Case Number: Showa 39 (O) No. 1299 Date of Judgment: April 30, 1965 This article explores a foundational Japanese Supreme Court judgment from April 30, 1965. The decision clarifies how a court-approved distribution table (haitō-hyō) in execution

Standing to Sue in Distribution Objection Lawsuits: A 1994 Japanese Supreme Court Ruling

Case Name: Principal Action for Objection to Distribution; Counterclaim for Damages Court: Supreme Court of Japan, First Petty Bench Case Number: Heisei 2 (O) No. 1128 Date of Judgment: July 14, 1994 This article examines a key Japanese Supreme Court judgment from July 14, 1994, which clarified who has the