What are the Unwritten Rules for Preparing Japanese Court Documents? Navigating litigation in any foreign jurisdiction presents unique challenges, and Japan is no exception. Beyond the codified laws and procedural rules, a set of "unwritten rules" and expectations often dictates the effectiveness of court submissions. For legal professionals accustomed to different systems, understanding these nuances is crucial for
The "Right to Minimum Standards of Wholesome and Cultured Living" (Article 25) in Japan: A Social Ideal or an Enforceable Right Affecting Businesses? Article 25 of the Constitution of Japan stands as a significant declaration of social rights, articulating a commitment to the well-being of the nation's people. It states: 1. "All people shall have the right to maintain the minimum standards of wholesome and cultured living" (すべて国民は、健康で文化的な最低限度の生活を営む権利を有する。
Freedom of Assembly and Association in Japan (Article 21): How Does it Affect Labor Relations and Industry Groups? Article 21, Section 1 of the Constitution of Japan serves as a comprehensive charter for expressive liberties, declaring: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed." While freedom of speech and the press often take center stage in
Expression vs. Reputation in Japan: How Does Article 21 Address Defamation and Prior Restraint for Media and Online Content? Article 21 of the Constitution of Japan robustly guarantees "freedom of assembly and association as well as speech, press and all other forms of expression." This freedom is a cornerstone of Japan's democratic society, fostering open discourse, enabling the discovery of truth, and promoting individual self-fulfillment.
Freedom of Religion (Article 20) in Japan: What are the Implications of "Separation of Religion and State" for Businesses? Article 20 of the Constitution of Japan serves as the bedrock for religious liberty and the principle of separation of religion and state. Enacted in the post-World War II era, it reflects a deliberate departure from the pre-war system where State Shinto held a privileged position, profoundly influencing governance and
Protecting Business Assets in Japan: How Does Article 29 Handle Property Rights and "Just Compensation" for Takings? The right to own and hold property is a fundamental tenet of most market economies, providing security for investments and a basis for economic activity. In Japan, this right is principally enshrined in Article 29 of the Constitution. This article lays out the guarantee of property rights, the state'
Japan's Constitutional "Freedom of Occupation" (Article 22): How Do Courts Scrutinize Business Regulations and Licensing? Article 22, Section 1 of the Constitution of Japan proclaims: "Every person shall have freedom to choose his or her residence and to change it and to choose his or her occupation to the extent that it does not interfere with the public welfare." This guarantee of "
Navigating Japan's Constitution for Business: Why are "Provisions and Precedents" the Essential Map? Understanding the constitutional framework of a foreign jurisdiction is a formidable task for any legal or business professional. The Constitution of Japan, with its unique historical context and evolving jurisprudence, presents its own set of complexities. While academic theories and abstract doctrines abound, a practical and effective grasp of how
Commercial Speech in Japan: How Does Article 21 Balance Free Expression with Regulatory Needs for Businesses? Article 21, Section 1 of the Constitution of Japan provides a robust guarantee for expressive freedoms, stating: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed." This provision is fundamental to Japan's democratic framework, safeguarding the open
Understanding Japan's Constitutional Right to Equality (Article 14): Key Precedents and Business Implications? Article 14, Section 1 of the Constitution of Japan is a bedrock provision articulating the nation's commitment to equality. It unequivocally states: "All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed,
What are Japan's Constitutional "Freedoms of Private Life" (Article 13) and How Do They Impact Business Data Handling? Article 13 of the Constitution of Japan, promulgated in 1946 and in effect since 1947, stands as a cornerstone of individual rights. It declares: "All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it
Post-Bankruptcy Subleases: When Can They Stand Against the Owner's Trustee? A 1979 Japanese Supreme Court Ruling When a property owner goes bankrupt, what happens to the rights of tenants and, more complexly, sub-tenants, especially if the sub-lease was created after the owner's bankruptcy proceedings had already commenced? Japanese bankruptcy law generally restricts the creation or perfection of new rights over the bankrupt's
Amending Claims in Japan's Supreme Court When a Party Goes Bankrupt: A 1986 Ruling on Judicial Economy The path of litigation in Japan, as in many legal systems, can be lengthy, often proceeding through a district court, a high court, and potentially culminating in an appeal to the Supreme Court, which primarily reviews questions of law. A unique procedural challenge arises when a party to a lawsuit—
Objections to Bankruptcy Claims and the Statute of Limitations: A 1982 Japanese Supreme Court Ruling When a debtor enters bankruptcy proceedings in Japan, creditors must typically file a proof of their claim with the court to participate in any distribution of the bankrupt's assets. A crucial effect of properly filing such a claim is that it generally "interrupts" the running of
Triangular Set-Off in Japanese Civil Rehabilitation: Supreme Court Upholds Mutuality Requirement, Restricts Affiliate Set-Offs The right of set-off (相殺 - sōsai) in Japanese insolvency law provides a powerful mechanism for a creditor who also owes a debt to the insolvent entity to achieve a form of preferential recovery. However, this right is carefully circumscribed by statute to ensure fairness among all creditors. A significant
Set-Off by Non-Commissioned Guarantors in Japanese Bankruptcy: A 2012 Supreme Court Clarification The right of set-off (相殺 - sōsai) is a significant feature of Japanese bankruptcy law, allowing a creditor who also owes a debt to the bankrupt entity to offset these mutual obligations. This often results in the creditor obtaining a more favorable recovery than general unsecured creditors. However, the Bankruptcy
Can a Bankruptcy Trustee Agree to an Otherwise Prohibited Set-Off? A 1977 Japanese Supreme Court Ruling The right of set-off (相殺 - sōsai) in Japanese bankruptcy law allows a creditor who also owes a debt to the bankrupt estate to net these mutual obligations. This can result in the creditor receiving a de facto preferential payment on their claim. However, to ensure fairness among all creditors,
Set-Off Rights in Japanese Insolvency: The Limits of "Reasonable Expectation" – A 2014 Supreme Court Ruling on Investment Trust Redemptions The right of set-off (相殺 - sōsai) is a potent tool for creditors in Japanese insolvency proceedings, such as civil rehabilitation. It allows a creditor who also owes a debt to the insolvent debtor to net these mutual obligations, often leading to a more favorable recovery for that creditor compared
Bank's Set-Off Rights in Bankruptcy: The "Cause Existing Before" Crisis – A 1965 Japanese Supreme Court Ruling In the landscape of Japanese bankruptcy law, the right of set-off (相殺 - sōsai) serves as a vital, albeit carefully regulated, mechanism. It allows a party who is both a creditor and a debtor to a bankrupt entity to net out their mutual obligations. This can effectively provide the creditor
Set-Off Rights in Bankruptcy: When Can a Bank Use Funds Collected During a Customer's "Crisis Period"? A 1988 Japanese Supreme Court Ruling The right of set-off (相殺 - sōsai) is a significant tool for creditors in Japanese bankruptcy proceedings. It allows a party who is both a creditor and a debtor to the bankrupt to net out their mutual obligations, often resulting in the creditor effectively receiving a preferential recovery on their
Set-Off Rights in Japanese Bankruptcy: When Post-Bankruptcy Maturing Debts Can Still Be Used The right of set-off (相殺 - sōsai) is a powerful tool for creditors in Japanese bankruptcy proceedings. If a creditor also happens to owe a debt to the bankrupt entity, they can often "set off" these mutual obligations, effectively allowing the creditor to receive preferential payment on their
When Rehabilitation Fails: A 2014 Japanese Supreme Court Ruling on Secured Creditor Agreements in Subsequent Bankruptcy In Japanese civil rehabilitation proceedings, a common and vital tool for facilitating a debtor company's turnaround is the "agreement on the right of separation" (別除権協定 - betsujoken kyōtei). This is a negotiated settlement between the financially distressed debtor company and its secured creditors regarding the treatment
Waiving Security Over Abandoned Assets in Corporate Bankruptcy: Who is the Right Recipient? A 2004 Japanese Supreme Court Decision In Japanese bankruptcy proceedings, a secured creditor holds a "right of separation" (別除権 - betsujoken), allowing them to satisfy their claim from specific collateral outside the general distribution to unsecured creditors. However, these secured creditors can only participate in general bankruptcy distributions for any deficiency remaining after realizing
Guarantor's Right to Reclaim Car in Buyer's Bankruptcy: A 2017 Japanese Supreme Court Decision on Retained Title and Registration In Japan, "retention of title" (所有権留保 - shoyūken ryūho) is a widely used security device in installment sales, particularly for automobiles. Under this arrangement, the seller retains legal ownership of the vehicle until the buyer completes all payments. This provides security for the unpaid purchase price. Often, a
Security by Title Transfer (Jōto Tanpo) in Japanese Corporate Reorganization: Owner or Secured Creditor? A 1966 Supreme Court Ruling "Security by transfer of title" (譲渡担保 - jōto tanpo) is a long-standing, non-statutory form of security commonly used in Japanese commercial transactions. Under this arrangement, a debtor formally transfers legal title of an asset (movable or immovable) to a creditor to secure an obligation, with the understanding that
