In previous discussions, we've explored the concept of Jikō (時効) in Japanese law – the legal doctrine encompassing both acquisitive prescription (acquiring rights through time) and extinctive prescription (the extinguishment of claims or rights due to non-exercise, akin to statutes of limitations). A critical aspect of this doctrine, particularly

As discussed previously, the Japanese legal doctrine of Shōmetsu Jikō (消滅時効), or extinctive prescription (akin to statutes of limitations), dictates that claims can be extinguished if not exercised within statutory timeframes. However, the mere passage of time is not always an unstoppable march towards the loss of rights. The Japanese

In the world of commerce and legal rights, time is often of the essence. A valid claim, whether arising from a contract, a tort, or other grounds, can lose its enforceability if not pursued within specific time limits prescribed by law. In Japan, this concept is governed by the doctrine

In the realm of property law, the quiet, continuous, and long-term possession of an asset can, under certain circumstances, ripen into formal legal ownership, even if the possessor initially lacked valid title. This principle is recognized in Japanese civil law through the doctrine of Shutoku Jikō (取得時効), or "Acquisitive

In the realm of legal rights and obligations, the passage of time is not merely a chronological event; it can be a powerful force capable of creating, altering, or extinguishing those rights. Japanese civil law, like most mature legal systems, incorporates a comprehensive set of rules known as Jikō (時効)

While formally incorporated juridical persons (hōjin - 法人) like stock companies (kabushiki kaisha) are the most common vehicles for substantial business activities in Japan, numerous groups and organizations operate without undergoing formal incorporation. These entities, ranging from alumni associations and social clubs to unincorporated community groups or even some types

Juridical persons, such as corporations and associations, are fundamental actors in modern economies. While they are recognized as distinct legal entities, they can only act through individuals – their directors, officers, and other representatives. A critical question that arises is: when these representatives commit a tort (an unlawful act causing harm)

When engaging in business transactions with a Japanese company, or when your own Japanese subsidiary is entering into agreements, a critical question arises: who has the legal authority to act on behalf of the company and make its commitments binding? In Japan, like in many other jurisdictions, juridical persons (hōjin

When a corporation or any other type of juridical person (hōjin - 法人) is established in Japan, its founding documents, typically the Articles of Incorporation (teikan - 定款), will define its objectives or "purposes" (mokuteki - 目的). A fundamental question in Japanese corporate and civil law is whether

For foreign businesses looking to tap into the Japanese market, establishing a formal legal presence is often a critical step. This typically involves creating a "Juridical Person" (Hōjin - 法人), an entity recognized under Japanese law as having a legal personality separate from its founders or members. Understanding

In the dynamic landscape of commercial and private agreements, parties often need to account for future uncertainties or to schedule the commencement or cessation of their legal obligations. Japanese civil law provides sophisticated mechanisms for this through the concepts of "Conditions" (Jōken - 条件) and "Time Limitations&

Agency relationships are fundamental to modern commerce, allowing principals (such as corporations) to delegate tasks and empower agents to act on their behalf. However, this delegation inherently carries risks. What happens when an agent, while technically acting within the formal scope of their granted authority, secretly pursues their own interests

In the complex web of commercial transactions, businesses and individuals frequently rely on agents to act on their behalf. However, a critical question arises: what happens when a person purports to act as an agent but, in reality, lacks the proper legal authority from the principal? This situation, known as

In today's interconnected global economy, individuals and particularly corporations frequently rely on others to act on their behalf in legal and commercial transactions. The ability to delegate authority is fundamental to efficient business operations, allowing entities to extend their reach and leverage specialized expertise. In Japan, the legal

In the intricate world of legal agreements, not all purported contracts or juridical acts (legally significant actions intended to create legal effects) stand on firm ground. Some may be flawed from their inception, while others may carry a defect that allows a party to nullify them. Japanese civil law, like

The integrity of any agreement hinges on the voluntary and informed consent of the parties involved. However, situations arise where consent is tainted by deception or extracted under intimidation. Japanese civil law, under Article 96 of the Civil Code, provides remedies for parties whose manifestations of intention (such as entering

Mistakes are an inherent part of human interaction, and contractual dealings are no exception. A party might misunderstand a crucial term, misstate an offer, or enter into an agreement based on a fundamentally flawed assumption. In Japanese civil law, the doctrine of Sakugo (錯誤), or "Mistake," addresses such

In the world of legal and commercial dealings, parties sometimes create an outward appearance of a transaction that does not reflect their true intentions or agreement. Such an arrangement, where a manifestation of intention is made in collusion with the other party to feign a legal act that neither genuinely

In the course of business dealings and personal affairs, individuals may sometimes express an intention that does not align with their true, underlying will. This discrepancy between outward manifestation and internal intent, when consciously made by the declarant, is addressed in Japanese contract law under the doctrine of Shinri Ryūho

In the realm of contract law and other legal communications, the precise moment a declaration of intent—such as an offer, an acceptance, or a notice of termination—becomes legally effective is of paramount importance. This timing dictates when parties become bound, when rights and obligations arise or cease, and

In the landscape of Japanese civil law, the term "Juridical Act," or Hōritsu Kōi (法律行為), stands as a cornerstone concept. It's a fundamental building block for understanding how private rights and obligations are intentionally created, altered, or extinguished. While individuals and entities engage in various activities

The disappearance of an individual without a trace creates profound legal uncertainties for those left behind. Questions regarding the missing person's property, marital status, and successional rights can remain in limbo, causing significant hardship and hindering the orderly settlement of affairs. Japanese civil law addresses these situations through

In tragic circumstances where multiple family members perish in a common event, such as an accident or natural disaster, and the precise order of their deaths cannot be ascertained, Japanese civil law provides a crucial legal presumption to address the complex issues that arise, particularly concerning inheritance. Without such a

The question of whether a fetus can possess legal rights is a complex and nuanced area in Japanese civil law. While the general principle links legal capacity to birth, specific exceptions and ongoing legal interpretations create a unique framework for fetal rights. This article delves into the foundational rules, the