Navigating the Nexus of Risk and Responsibility: Japan's Supreme Court on the Suitability Principle in Securities Trading Judgment Date: July 14, 2005 In a significant ruling that continues to resonate within Japan's financial industry, the Supreme Court on July 14, 2005, delivered a judgment in a damages claim case (Heisei 15 (Ju) No. 1284) that meticulously examined the boundaries of the "suitability principle"
Bankruptcy Discharge and Its Impact on Guarantor's Defenses: A 1999 Japanese Supreme Court Ruling Date of Judgment: November 9, 1999 (Heisei 11) Case Name : Claim for Subrogation Rights Court: Supreme Court of Japan, Third Petty Bench This blog post delves into a 1999 Supreme Court of Japan decision. The case addressed a nuanced issue arising after a principal debtor receives a bankruptcy discharge: Does
Third-Party Property Attached from Bankrupt: Supreme Court on Proper Remedy After Bankruptcy Commencement Date of Judgment : January 29, 1970 (Showa 45) Case Name : Third-Party Objection Suit Court : Supreme Court of Japan, First Petty Bench This blog post examines a 1970 Supreme Court of Japan decision. The case clarifies the appropriate legal procedure for a third party who claims ownership of movable property that
Buyer's Rights with Pre-Bankruptcy Provisional Land Registration in Japan: A 1967 Supreme Court Ruling Date of Judgment : August 25, 1967 (Showa 42) Case Name : Claim for Ownership Transfer Registration Procedures Court : Supreme Court of Japan, Second Petty Bench This blog post examines a 1967 Supreme Court of Japan decision. The case addressed the rights of a buyer who had secured a pre-bankruptcy "provisional
Provisional Mortgage Registrations and Avoidance in Japanese Bankruptcy: A 1996 Supreme Court Ruling Date of Judgment (A8): October 17, 1996 (Heisei 8) Case Name (A8): Claim for Avoidance Registration of Base Mortgage Provisional Registration (Main Action), Claim for Final Registration of Base Mortgage Provisional Registration (Counterclaim) Court (A8): Supreme Court of Japan, First Petty Bench This blog post explores a 1996 Supreme Court
Garnishee's "Double Payment" and Preferential Act Avoidance in Bankruptcy: A 2017 Japanese Supreme Court Ruling Date of Judgment (A6): December 19, 2017 (Heisei 29) Case Name (A6): Claim for Exercise of Avoidance Power Court (A6): Supreme Court of Japan, Third Petty Bench This blog post explores a 2017 Supreme Court of Japan decision (referred to as A6 based on the provided source material). The case
Can Creditors Sue a Debtor Company Under a Payment Prohibition Order? A 1962 Japanese Supreme Court Ruling Date of Judgment (A4): March 23, 1962 (Showa 37) Case Name (A4): Claim for Payment on Promissory Note Court (A4): Supreme Court of Japan, Second Petty Bench This blog post delves into a 1962 Supreme Court of Japan decision (referred to as A4 based on the provided source material). The
Filing for Bankruptcy and Its Effect on the Statute of Limitations in Japan: A 1970 Supreme Court Ruling Date of Judgment (A1): September 10, 1970 (Showa 45) Case Name (A1): Claim for Loan Repayment Court (A1): Supreme Court of Japan, First Petty Bench This blog post explores a significant 1970 Supreme Court of Japan decision (referred to as A1 based on the provided source material) that addressed the
Unfiled Overpayment Claims in Corporate Reorganization: Supreme Court Upholds Extinguishment, Rejects Abuse of Rights Date of Judgment: December 4, 2009 (Heisei 21) Case Name: Claim for Return of Unjust Enrichment, etc. Court: Supreme Court of Japan, Second Petty Bench This blog post examines a 2009 Supreme Court of Japan decision concerning the fate of unfiled claims for the refund of overpayments (過払金返還請求権 - kabarai-kin
Unfiled Overpayment Claims in Civil Rehabilitation: Supreme Court Clarifies Effect of Plan and Payment Conditions Date of Judgment: March 1, 2011 (Heisei 23) Case Name: Claim for Return of Unjust Enrichment Court: Supreme Court of Japan, Third Petty Bench This blog post examines a 2011 Supreme Court of Japan decision that addressed the treatment of unfiled claims for the refund of overpayments (過払金返還請求権 - kabarai-kin
Fictitious Claims and Plan Approval in Individual Rehabilitation: Japanese Supreme Court on "Improper Means" Date of Decision: December 19, 2017 (Heisei 29) Case Name: Permitted Appeal Against Appellate Decision Annulling Rehabilitation Plan Confirmation Court: Supreme Court of Japan, Third Petty Bench This blog post examines a 2017 Supreme Court of Japan decision addressing a critical issue in "small-scale individual rehabilitation" (小規模個人再生 -
Manipulating Creditor Votes in Civil Rehabilitation: Supreme Court Defines "Improper Means" Date of Decision: March 13, 2008 (Heisei 20) Case Name: Permitted Appeal Against Appellate Decision Annulling Rehabilitation Plan Confirmation Court: Supreme Court of Japan, First Petty Bench This blog post examines a 2008 Supreme Court of Japan decision that addressed a critical issue in corporate civil rehabilitation proceedings: what constitutes
Can Creditors Pursue Fraudulent Conveyance Claims After a Debtor's Bankruptcy Discharge? Date of Judgment: February 25, 1997 (Heisei 9) Case Name: Claim for Avoidance of Fraudulent Act, etc. Court: Supreme Court of Japan, Third Petty Bench This blog post delves into a 1997 Supreme Court of Japan decision that addressed a significant question at the intersection of bankruptcy discharge and creditor
Enforcing Non-Dischargeable Claims in Japan: Supreme Court Clarifies Procedural Path Date of Judgment: April 24, 2014 (Heisei 26) Case Name: Lawsuit for Grant of a Writ of Execution Court: Supreme Court of Japan, First Petty Bench This blog post examines a 2014 Supreme Court of Japan decision that addressed a critical procedural question for creditors: after a debtor has received
Negligent Driving Causing Death/Injury: How Japanese Law Assesses "Avoidability" of Harm Traffic accidents, unfortunately, remain a common occurrence, often leading to tragic consequences including injury and loss of life. When such accidents are caused by a driver's failure to exercise due care, the Japanese criminal justice system can impose liability under the offense of "Negligent Driving Causing Death
Professional Negligence Causing Death/Injury: How Japanese Law Assesses "Foreseeability" of Harm In fields where specialized knowledge or activities carry inherent risks to others—such as medicine, construction, or transportation—professionals are held to a heightened standard of care. When a failure to meet this standard results in death or injury, Japanese criminal law can impose liability under the offense of "
When Does Failure to Care Become a Crime? Understanding "Abandonment by a Caretaker Causing Death" in Japan Societies universally recognize a moral and often legal responsibility to care for their most vulnerable members—the elderly, young children, and those suffering from illness or disability who require assistance for their survival and well-being. In Japan, a failure to fulfill this crucial duty by those entrusted with such care
Proving Intent for Assault and Battery in Japan: What Level of Awareness is Required? Assault (暴行罪 - bōkōzai) and the causing of bodily injury (傷害罪 - shōgaizai, often translated as battery or simply "injury") are fundamental offenses against the person under the Japanese Penal Code. While the physical act of harm or unwanted force is central to these crimes, a conviction also
What Counts as "Physical Force" (Yūkeiryoku) in Japanese Assault and Battery Cases? Does It Require Direct Contact? In Japanese criminal law, the crimes of assault (暴行罪 - bōkōzai) and injury (傷害罪 - shōgaizai, often translated as battery or causing bodily injury) are fundamental offenses designed to protect an individual's physical integrity and well-being. A core element, particularly for assault and for many instances of injury
Proving Intent to Kill (Satsui) in Japanese Homicide Cases Without a Confession Homicide (殺人罪 - satsujinzai), as defined under Article 199 of Japan's Penal Code, is among the gravest offenses in any legal system. A conviction for homicide carries severe penalties, reflecting the sanctity of human life. A critical element that distinguishes homicide from lesser offenses, such as assault resulting
What Qualifies as a "Bribe" in Japan? Beyond Cash Payments The act of bribery (贈収賄罪 - zōshūwaizai) is universally condemned as a serious crime that erodes public trust in government, distorts fair administrative processes, and can have far-reaching economic and social consequences. Japanese criminal law, under Articles 197 through 198 of the Penal Code, stringently prohibits the giving and receiving
Proving the Exchange in Japanese Bribery Cases: What Evidence Establishes the "Giving and Receiving" of Benefits? Bribery (贈収賄罪 - zōshūwaizai) stands as a pernicious crime that corrodes public trust, distorts fair administration, and undermines the integrity of governmental functions. In Japan, as in most nations, combating bribery is a critical priority for the legal system. A conviction for bribery requires the prosecution to prove several key
Does the Perpetrator's "Sexual Intent" Matter for Indecent Assault Charges in Japan? A Supreme Court Shift The crime of Forcible Indecent Assault (強制わいせつ罪 - kyōsei waisetsuzai), as defined in Article 176 of Japan's Penal Code, involves committing an "indecent act" (わいせつな行為 - waisetsu na kōi) upon a person by means of assault or intimidation. For decades, a crucial aspect of interpreting this
Defining Consent in Japanese Sexual Assault Cases: When is "Yes" Not a Yes? The concept of consent is universally understood as the bedrock of lawful sexual activity. However, its application and interpretation within the framework of criminal law, particularly in sexual assault cases, can be fraught with complexity. In Japan, the legal definitions of forcible sexual offenses have traditionally centered on the perpetrator&
What Constitutes "Overcoming Resistance" in Japanese Sexual Assault Law? The crime of sexual assault is a profound violation of personal integrity and autonomy. In Japanese criminal law, particularly for offenses such as Forcible Sexual Activity, etc. (強制性交等罪 - kyōsei seikōtōzai) and Forcible Indecent Assault (強制わいせつ罪 - kyōsei waisetsuzai), a central element that prosecutors must prove is that the perpetrator
