Navigating "Successor Liability" in Japanese Judgments: The Rights of a Bona Fide Purchaser In the realm of civil litigation, a judgment rendered between two parties can sometimes extend its effects—both its binding factual and legal determinations (res judicata) and its enforceability—to third parties who succeed to the rights or obligations of the original litigants. Japanese law provides for such extensions, notably
Enforcing Foreign Judgments in Japan: A Landmark Supreme Court Decision Explained The recognition and enforcement of foreign judgments are critical aspects of international litigation and commerce. For parties who have obtained a favorable judgment in one country, the ability to have that judgment recognized and enforced in another jurisdiction where the debtor has assets is often paramount. In Japan, the conditions
Beyond Heirs: Can Non-Inheriting Relatives in Japan Now Claim Compensation for Special Contributions to the Deceased? Japanese inheritance law has long included a system known as kiyobun (寄与分), or "contributory portion," which allows an heir who made significant personal or financial contributions to the maintenance or increase of a deceased person's assets to receive an enhanced share of the estate. However, this
Who Pays? Understanding the Burden of Iryūbun (Statutory Reserved Portion) Infringement Claims in Japan Japan's statutory reserved portion, known as iryūbun (遺留分), ensures that certain close family members receive a minimum share of a deceased person's estate, even if a will or lifetime gifts suggest otherwise. A significant recent reform, effective for inheritances commencing on or after July 1, 2019,
Japan's Statutory Reserved Portion (Iryūbun) Overhaul: How Does Monetization Change Heirs' Claims to an Estate? Japanese inheritance law, like that of many civil law jurisdictions, incorporates a vital concept known as iryūbun (遺留分), or the "statutory reserved portion." This legal principle guarantees certain close heirs a minimum share of the deceased's estate, regardless of contrary provisions in a will or the
Short-Term Spousal Residency in Japan: What Immediate Housing Protections Are Available for Surviving Spouses? The period immediately following the death of a spouse is often one of immense emotional distress and practical upheaval. Amidst grieving and managing urgent affairs, the question of housing security can become a significant concern for the surviving partner. Recognizing this vulnerability, Japanese inheritance law, through reforms effective from April
Valuing Spousal Residency Rights in Japan: How Does This New Right Impact Estate Division and Financial Planning? Japan's introduction of the "Spousal Right of Residence" (配偶者居住権 - haigūsha kyojūken) has provided a significant new avenue for surviving spouses to secure their housing in the marital home after their partner's passing. This right allows them to continue living in the property, typically
New Spousal Residency Rights in Japan: How Can a Surviving Spouse Continue Living in the Marital Home After Death? (General Overview) The question of how a surviving spouse can maintain their residence in the family home following the death of their partner is a deeply personal and often complex issue in estate matters. In Japan, particularly with its aging population, ensuring housing security for elderly surviving spouses has become an increasingly
Role of Will Executors in Japan: What Are Their Powers and Responsibilities Under the Amended Inheritance Law? The role of a will executor (遺言執行者 - igon shikkōsha) in Japan is pivotal in ensuring that a deceased person's testamentary wishes are accurately and legally carried out. Recent amendments to Japan's Civil Code have brought greater clarity and, in some instances, expanded the authority of
Making a Will in Japan: Are Holographic Wills Now Easier and More Secure with Recent Legal Changes? For individuals undertaking estate planning in Japan, several methods of creating a legally valid will have traditionally been available. Among these, the holographic will (自筆証書遺言 - jihitsu shōsho igon), entirely handwritten by the testator, has been recognized for its simplicity and privacy. However, this form of will also came with
Accessing a Deceased's Bank Accounts in Japan Before Formal Estate Division: What Are the New Rules for Heirs? When an individual passes away in Japan, their assets, including bank deposits, typically become part of their estate. While the ultimate distribution of these assets is determined through the estate division process (遺産分割 - isan bunkatsu), heirs often face immediate financial needs for funeral expenses, outstanding debts of the deceased,
Spousal Inheritance in Japan: How Does the New Law Protect a Surviving Spouse's Rights to the Marital Home Through Exemption from Hotchpot? Ensuring the housing security of a surviving spouse is a significant concern in any jurisdiction, and Japan is no exception. Japanese inheritance law incorporates rules determining how lifetime gifts from a deceased individual to their heirs impact the final distribution of their estate. A key principle in this calculation is
Japanese Inheritance Law Update: How Are Inherited Debts Handled, and What Are Creditors' Rights? When an individual passes away in Japan leaving behind debts, a critical question arises for both the heirs and the creditors: how are these liabilities apportioned, and what rights do creditors have to recover what is owed? Recent amendments to Japan's Civil Code, particularly the introduction of Article
How Do Japan's Inheritance Law Changes Affect "Sōzoku Saseru" Wills (Wills Designating Specific Heirs for Specific Assets)? In Japanese estate planning, a frequently utilized tool for directing specific assets to particular heirs is a type of testamentary disposition commonly known as a "sōzoku saseru" will (「相続させる」旨の遺言). This phrasing, which translates to a will "causing inheritance" or "having [an heir] inherit,"
What Do New Japanese Inheritance Laws Mean for Asserting Rights to Inherited Property Against Third Parties? Recent amendments to Japan's Civil Code have brought significant changes to how heirs can assert their rights to inherited property against third parties. These reforms, centered around the newly introduced Article 899-2 of the Civil Code, emphasize the importance of "perfection requirements" (対抗要件 - taikō yōken)
The Perils of "Signature Agency" in Japanese Notarial Deeds: Supreme Court's Stance on Validity In Japan, a "notarial deed" (公正証書 - kōsei shōsho), particularly one containing an "execution undertaking clause" (執行受諾文言 - shikkō judaku mongon), can serve as a powerful "title of obligation" (債務名義 - saimu meigi). This allows a creditor to proceed directly to compulsory execution without
Japanese Supreme Court Clarifies Debtor's recourse against enforcement despite non-enforcement agreement Decision Date: September 11, 2006 Case Number: 2006 (Ju) No. 13 (Supreme Court, Second Petty Bench) Case Name: Appeal against the dismissal of an appeal against an execution appeal against an order of attachment and assignment of claim. This article delves into a significant Japanese Supreme Court decision that clarified
No Copyright, No Tort? Japan's Supreme Court on Using Works from Unrecognized States (North Korean Film Case) Judgment Date: December 8, 2011 Court: Supreme Court of Japan, First Petty Bench Case Numbers: Heisei 21 (Ju) No. 602 & No. 603 (Claim for Injunction Against Copyright Infringement, etc.) The "North Korean Film Case" (北朝鮮映画事件 - Kita Chōsen Eiga Jiken), decided by the Japanese Supreme Court in
No Exclusive Rights to Racehorse Names: Japan's Supreme Court Rejects 'Publicity Rights for Things' in Gallop Racer Case Judgment Date: February 13, 2004 Court: Supreme Court of Japan, Second Petty Bench Case Numbers: Heisei 13 (Ju) No. 866 & No. 867 (Claim for Injunction Against Production and Sale, etc.) The "Gallop Racer" case (ギャロップレーサー事件), decided by the Japanese Supreme Court in 2004, is a landmark judgment
Why are 'Bankruptcy Remoteness' and 'True Sale' Crucial in Japanese Real Estate Securitization and Non-Recourse Financing? Structured finance techniques like real estate securitization and non-recourse financing have become integral to modern capital markets, enabling property originators to unlock value from their assets and providing investors with tailored investment opportunities. In Japan, as in other sophisticated financial centers, the success and stability of these complex transactions rely
What Incidental Costs Constitute the "Acquisition Cost" of Japanese Real Estate for Accounting and Tax Purposes, and Which Can Be Expensed? When acquiring real estate in Japan, the headline purchase price of the property is just one component of the total investment. A multitude of incidental costs are incurred throughout the transaction process, from brokerage fees and taxes to legal and registration expenses. The correct accounting and tax treatment of these
How Do Japan's Accounting Standards for Investment Properties (Fair Value Disclosure) and Asset Retirement Obligations Impact M&A and Property Valuation? In the realm of corporate finance and investment, accounting standards are the bedrock upon which financial transparency and comparability are built. For entities operating or investing in Japan, understanding the specific nuances of Japanese Generally Accepted Accounting Principles (Japanese GAAP) is crucial. Two particularly significant standards related to real estate—
Understanding Liquidity Risk in the Japanese Real Estate Market: What Challenges Might Foreign Investors Face During a Market Crash? Liquidity risk, the potential difficulty in quickly converting an asset into cash without a significant loss in value, is an inherent characteristic of many investments. Real estate, by its very nature, is one of the least liquid asset classes due to high transaction costs, lengthy transaction times, and the unique
What Are the Japanese Tax Implications for Non-Residents Investing in Real Estate, Concerning Capital Gains and Rental Income? Japan's real estate market continues to be an attractive destination for international investors seeking diversification and stable returns. However, for non-residents—whether individuals or corporations—venturing into Japanese property, a thorough understanding of the local tax implications is paramount. Japanese tax law, like that of most developed nations,
Achieving Tax Efficiency: How is 'Conduit Treatment' (Pass-Through Taxation) Secured in Japanese Real Estate Investment Schemes to Avoid Double Taxation? For investors venturing into international real estate markets, optimizing tax efficiency is a paramount concern. The specter of double taxation—where income is taxed once at the corporate entity level and again when profits are distributed to investors—can significantly erode net returns and deter cross-border capital flows. In Japan&