Can a Third Party Perform an Obligation ("Daisansha Bensai") on Behalf of a Debtor in Japan? Under Japanese law, an obligation is typically a legal bond between a specific debtor (obligor) and a specific creditor (obligee), with the debtor being primarily responsible for its fulfillment. However, situations can arise where someone other than the debtor steps in to perform the obligation. This act, known as "
Can a Debtor Fulfill an Obligation with Substituted Performance ("Daibutsu Bensai") in Japan? When an obligation arises under Japanese law, the most straightforward path to its extinguishment is for the debtor to render the exact performance originally agreed upon. However, practical circumstances or mutual agreement may lead parties to consider alternative means of satisfaction. One such mechanism is "Daibutsu Bensai" (代物弁済)
When Can a Debtor Make a Deposit for Performance ("Bensai Kyōtaku") in Japan and What Are Its Effects? In the course of fulfilling obligations under Japanese law, a debtor might encounter situations where direct performance to the creditor becomes problematic. The creditor might refuse to accept a perfectly valid tender, be unable to accept it, or their identity might even be uncertain. In such circumstances, the Japanese Civil
What Happens if a Creditor Delays in Accepting Performance ("Juryō Chitai") Under Japanese Law? The performance of an obligation is typically a two-way street. While the debtor (obligor) has the primary duty to perform, the creditor (obligee) often needs to cooperate by accepting the performance or taking other necessary steps. But what happens when a debtor is ready and willing to fulfill their obligation,
What is Tender of Performance ("Bensai no Teikyō") and Its Effects on Debtor's Liability in Japan? In the performance of obligations under Japanese law, while the primary responsibility to act rests with the obligor (debtor), the successful completion of many duties often hinges on the cooperation of the obligee (creditor). When a debtor is ready, willing, and able to perform, but the creditor fails to cooperate
How is Performance ("Bensai no Jūtō") Applied When Multiple Debts or Components Exist in Japan? In commercial and private dealings, it's not uncommon for a debtor to owe multiple distinct obligations to the same creditor. Alternatively, a single obligation might comprise various components, such as principal, accrued interest, and incurred expenses. A practical legal question arises when the debtor makes a payment or
How Must "Bensai" (Performance) Be Made in Japan: Key Rules on Time, Place, and Method? Following our discussion on what constitutes valid "Bensai" (performance or payment) for extinguishing obligations under Japanese law, we now turn to the crucial practicalities of how such performance must be rendered. The Japanese Civil Code (Minpō - 民法) provides a framework governing the time, place, and method of
What Constitutes Valid Performance ("Bensai") for Extinguishing Obligations Under Japanese Law? In the intricate world of Japanese contract law and obligations, the concept of "Bensai" (弁済) stands as a cornerstone. Often translated as "performance" or "payment," Bensai signifies the act by which an obligor fulfills their duty to an obligee, thereby leading to the extinguishment
Challenging a Final Judgment in Japan: When is a Retrial (Saishin) Possible? The principle of finality is a cornerstone of any mature legal system. Once a court judgment becomes final and binding, it establishes legal certainty and brings an end to the dispute between the parties. In Japan, this finality is embodied in the doctrine of res judicata (kihanryoku). However, the pursuit
Appealing a Judgment in Japan: Who Can Appeal and Can the Outcome Get Worse? The conclusion of a trial at first instance in Japanese civil litigation does not necessarily mark the end of the dispute. Parties dissatisfied with the judgment may have the right to seek review by a higher court through the appellate system. This system is designed to correct errors made by
If a Property is Sold After a Lawsuit Has Started, Is the New Owner Bound by the Judgment in Japan? Litigation, especially concerning property or transferable rights, can be a lengthy process. During this period, the subject matter of the dispute might change hands, or a party to the lawsuit might pass away, leading to their rights and obligations being inherited. A critical question then arises: to what extent is
Suing for Only Part of Your Claim in Japan: When Can You Later Sue for the Remainder? In civil litigation, plaintiffs often face strategic decisions about the scope of their claims. One such decision is whether to sue for the entirety of an alleged right or to initially pursue only a portion of it. This latter approach, known as an "partial claim" (ichibu seikyū), is
Can Illegally Obtained Evidence Be Used in Japanese Civil Litigation? The quest for truth is a central aim of any judicial proceeding. However, this pursuit is not always absolute and can come into conflict with other fundamental legal and societal values, such as the protection of individual rights and the maintenance of procedural fairness. A critical question that arises in
Preparing for Trial in Japan: The Role and Effect of Preparatory Proceedings for Oral Argument Effective trial preparation is fundamental to achieving a just and efficient resolution in any civil litigation system. In Japan, while the core principle of "Party Presentation" (Benron Shugi) places the primary responsibility on litigants to present their factual allegations and evidence, the Code of Civil Procedure (CCP) provides
Serving Legal Documents in Japan: How Does It Work and What are the Pitfalls of Service by Mail or Public Notification? The proper service of legal documents, known as sōtatsu (送達) in Japanese civil procedure, is a cornerstone of due process. It ensures that parties are formally notified of legal proceedings initiated against them and are given a fair opportunity to respond and defend their interests. While Japanese law outlines several
How Much Authority Does My Japanese Lawyer Have in Court? The Scope of an Attorney's Power in Litigation When engaging legal counsel in Japan for civil litigation, understanding the extent of your attorney's (bengoshi) authority to act on your behalf is paramount. While clients grant a power of attorney, the Japanese Code of Civil Procedure (CCP) itself delineates certain powers that an attorney inherently possesses and,
Can an Unincorporated Association Sue or Be Sued in Japan? Understanding the Capacity to Be a Party In the realm of civil litigation, the ability of an entity to appear before a court as a plaintiff or a defendant is a fundamental prerequisite. This attribute, known in Japanese civil procedure as tōjisha nōryoku (当事者能力) or "capacity to be a party," is straightforward for natural persons
Suing the Right Person in Japan: What Happens if a Party Was Already Deceased Before the Lawsuit? In any legal jurisdiction, correctly identifying and naming the parties to a lawsuit is a foundational step. A failure to do so can lead to procedural complications, delays, and in some cases, the nullification of the entire legal action. Japanese civil procedure, like others, places significant emphasis on the proper
Can I Change My Claim Mid-Lawsuit in Japan? Requirements and Effects of Amending a Claim Litigation is a dynamic process. As a case unfolds, new facts may come to light, legal strategies may evolve, or the underlying circumstances of the dispute itself might change. In Japanese civil procedure, a plaintiff is not necessarily locked into the precise claim they initially filed. The Code of Civil
Too Late to Argue? Presenting New Claims or Defenses in Japanese Litigation and the Risk of Rejection Efficiency and fairness are cornerstones of any robust legal system. In Japanese civil procedure, while parties are afforded the opportunity to fully present their cases, this right is balanced against the need for orderly, efficient proceedings and the prevention of undue delay. A key principle underpinning this balance is the
Settling a Case in a Japanese Court: What are the Effects of an In-Court Settlement and Can It Be Undone? In the landscape of Japanese civil litigation, resolving disputes through an in-court settlement, known as soshō-jō no wakai (訴訟上の和解), is a prevalent and often encouraged practice. This mechanism allows parties, with the involvement of the court, to reach a compromise and bring their legal battle to a definitive close. However,
Who Bears the Burden of Proof in Japanese Civil Litigation, and What Happens if Evidence is Tampered With? In any adjudicative process, two fundamental questions shape the outcome of factual disputes: first, which party is responsible for convincing the court of a particular fact, and second, what happens if a party unfairly interferes with the evidence-gathering process? In Japanese civil litigation, these issues are addressed through the doctrines
Can I Sue for Future Damages or Performance in Japan? Understanding Actions for Future Performance In the realm of civil litigation, courts typically address disputes concerning rights and obligations that are presently existing or have already matured. However, Japanese civil procedure, under specific conditions, allows for what is known as an "action for future performance" (将来給付の訴え - shōrai kyūfu no uttae). This procedural
How Final is a Japanese Judgment? The Objective Scope of Res Judicata and the (Non-)Existence of Issue Preclusion (Sōtenkō) In any legal system, the principle of finality of judgments is paramount. It ensures that once a dispute has been adjudicated, the parties can rely on the outcome, and the same issues are not endlessly re-litigated. In Japan, this concept is embodied in the doctrine of kihanryoku (既判力), or res
Can I Force a Japanese Company to Disclose Internal Documents in Litigation? Understanding Document Production Orders and the "Self-Use Document" Exception In the course of commercial litigation, access to relevant documents held by the opposing party or third parties is often critical for substantiating claims or defenses. While Japan's civil procedure does not feature the broad, party-driven pre-trial discovery common in jurisdictions like the United States, it does provide
