Beyond common methods like full performance, set-off, or the running of the statute of limitations, Japanese civil law recognizes several other distinct ways in which pre-existing obligations can be extinguished. Among these are "Novation" (Kokai 更改), "Release" (Menjo 免除), and "Merger" (Kondo 混同). Understanding

Imagine your company (let's call it "Garnishee Co.") owes a debt to a Japanese business partner ("Principal Debtor Co."). Suddenly, Garnishee Co. is served with an attachment order from a court, initiated by another creditor ("Attaching Creditor Co.") who has a claim

In the course of business, it's common for two companies to owe each other money or other obligations. When your company has an outstanding claim against a Japanese counterparty, and simultaneously owes a debt to that same counterparty, Japanese law provides a powerful and efficient mechanism for settling

It's a situation businesses and individuals sometimes face: you've paid a debt that was primarily owed by someone else – perhaps as a guarantor, a joint debtor, or to protect your own interest in a property securing the debt. Under Japanese law, when you make such a

In any contractual relationship, ensuring that performance is correctly rendered by the right party and received by the right party is fundamental to discharging the underlying obligation. Japanese civil law provides specific rules on who can validly perform a debt (bensai-sha 弁済者) and to whom performance can be effectively made

Imagine you are a debtor in Japan, ready and willing to fulfill your contractual obligation, but you encounter a roadblock: your creditor either refuses to accept your performance, is unable to accept it, or perhaps their identity or whereabouts are unknown. In such challenging circumstances, Japanese law provides a valuable

In business dealings, performance often requires cooperation from both parties. But what happens when you, as the debtor, are ready and willing to perform your obligations, and your Japanese counterparty (the creditor) refuses to accept your performance or fails to take necessary steps to enable it? This situation, known in

In the course of business, it's common for a party to owe multiple debts to the same creditor, or for a single debt to comprise various components like principal, interest, and costs. When a payment is made that is insufficient to discharge all outstanding amounts, the question of

Imagine a scenario: your Japanese debtor owes you a significant sum, but they themselves are owed money or have other actionable rights against a third party. Frustratingly, your debtor is taking no steps to enforce these rights, thereby diminishing their own assets and, consequently, your chances of recovery. In such

In commercial contracts, timely performance is often critical. When a Japanese debtor fails to perform an obligation by its due date, the creditor may suffer various losses. Japanese law provides for "Delayed Performance Damages" (Chien Baisho 遅延賠償) to compensate for such losses. Furthermore, a distinct and often stricter

When a Japanese contract is breached, leading to financial loss for the non-breaching party, a critical question arises: what is the extent of damages that can be legally recovered? Japanese Civil Code Article 416 provides the primary legal framework for determining the scope of compensable damages in cases of non-performance

When goods delivered or services rendered by a Japanese counterparty fail to meet contractual specifications—whether they are defective, incomplete, or simply the wrong items—the aggrieved party is not without recourse. A primary remedy under Japanese civil law is the "Right to Demand Subsequent Completion," or Tsuikan

When a Japanese business partner fails to fulfill their contractual obligations, a primary concern for the aggrieved party is whether they can legally compel the counterparty to perform as promised. Under Japanese civil law, the "Right to Demand Performance" (Riko Seikyuken 履行請求権) is a fundamental remedy. However, this

When a contractual relationship with a Japanese business partner sours due to a failure to meet obligations, understanding the Japanese legal framework for "non-performance" – known as Saimu-Furiko (債務不履行) – is the first critical step toward seeking redress. This concept is central to Japanese contract law and dictates the availability

When dealing with monetary claims and obligations in Japan, the rules governing interest can significantly impact the final amounts due, whether in commercial lending, trade credit, or damages for late payment. Japanese law provides a framework that addresses interest agreed upon by parties (yakujo-risoku), interest set by statute (hotei-risoku), and

In an increasingly globalized economy, cross-border transactions frequently involve monetary obligations denominated in currencies other than Japanese Yen. For businesses operating in or with Japan, understanding how Japanese law treats these obligations—particularly regarding the currency of payment and the impact of exchange rate fluctuations—is vital. The Japanese Civil

When your business involves contracts for the delivery of goods in Japan, a fundamental distinction in Japanese civil law can significantly impact your rights and obligations: whether the goods are "specific things" (tokuteibutsu 特定物) or "generic things" (shurui-mono 種類物, also referred to as futokuteibutsu 不特定物). This

In Japan, employers bear a significant legal responsibility for the safety and well-being of their employees, a principle encapsulated in the doctrine of "Anzen-Hairo-Gimu" (安全配慮義務), often translated as the "Safety Consideration Duty" or "Duty to Provide a Safe Working Environment." This duty, primarily developed

When a business relationship with a Japanese counterparty encounters a breach of obligations, understanding the full scope of duties owed under Japanese law becomes paramount. While the explicit terms of a contract are the primary reference point, Japanese civil law, particularly its principles concerning "Saimu" (債務 – obligations or

In the intricate landscape of Japanese civil law, the concept of "Saiken" (債権) holds a position of paramount importance, particularly in the realm of commercial transactions and interpersonal legal relationships. For businesses and legal professionals engaging with Japanese counterparts or navigating Japanese contractual agreements, a precise understanding of