Where Do We File Our Lawsuit in Japan? A Guide to Japanese Court Jurisdiction Choosing the correct court in which to file a lawsuit is a fundamental and critical first step in any litigation. In Japan, the rules governing which court has the authority to hear a case are collectively known as "jurisdiction," or Saiban kankatsu (裁判管轄). Filing a lawsuit in a
Before We Sue in Japan: What Are the Critical "Procedural Requirements" (訴訟要件) We Must Satisfy? Initiating a lawsuit in Japan, as in any jurisdiction, involves more than just having a substantive claim. Before a Japanese court will even delve into the merits of a dispute, a series of "Procedural Requirements," known in Japanese as Soshō yōken (訴訟要件), must be satisfied. These are essential
What is a "Future Performance Action" (将来の給付の訴え) in Japan, and When Can My Business Use It? Typically, lawsuits are initiated to address obligations that are already due and unpaid, or to remedy harms that have already occurred. However, Japanese civil procedure, under specific circumstances, allows a plaintiff to seek a judgment for performance that is not yet due. This is known as an "Action for
Can a Japanese Lawsuit Directly Change a Legal Status or Relationship? Understanding "Formative Actions" While many lawsuits aim to compel a party to act or to declare an existing legal truth, some possess a more profound power: the ability to directly create, modify, or extinguish legal statuses or relationships through the judgment itself. In Japanese civil procedure, these are known as "Formative Actions&
Seeking Clarity on Legal Rights in Japan: When is a "Declaratory Action" (確認の訴え) the Best Strategy? In the course of business, uncertainties regarding legal rights and obligations can create significant risk and impede strategic decision-making. Before a dispute escalates to a point requiring coercive remedies, or even when the very existence of a legal relationship is contested, parties often need a mechanism to simply clarify their
Enforcing a Contract in Japan: How Does an "Action for Performance" (給付の訴え) Work? In any commercial landscape, the sanctity of contracts is paramount. When a party fails to uphold its contractual obligations, businesses need effective legal mechanisms to seek redress. In Japan, the primary judicial tool for compelling a defaulting party to fulfill its contractual duties is the "Action for Performance,"
My Company Needs to Sue in Japan: What Are the Different Types of Claims We Can Make? When contemplating litigation in Japan, one of the foundational strategic decisions involves selecting the appropriate type of claim—or "action" (uttae 訴え)—that aligns with the company's objectives. The Japanese Code of Civil Procedure primarily categorizes lawsuits into three distinct types based on the nature of
What Are the Core Principles Governing Civil Lawsuits in Japan That Every Business Should Know? Navigating civil litigation in any foreign jurisdiction requires a foundational understanding of its unique procedural landscape. Japan, with its sophisticated civil law system, is no exception. For international businesses and legal professionals, grasping the core principles that underpin Japanese civil procedure is not merely an academic exercise but a practical
Heir Apparent, Shareholder In Limbo: Standing to Sue in Japanese Family Company Disputes When shares in a company are passed down through inheritance to multiple heirs, complex legal issues can arise, particularly if the heirs cannot agree on how to manage their co-owned shares or if disputes erupt over control of the company. Japanese company law generally requires co-owners of shares to designate
Who's the Real Shareholder? Japan's Supreme Court on Nominee Share Subscriptions In the world of corporate shareholdings, it's not uncommon for shares to be registered in the name of one person while actually being owned or controlled by another. Such "nominee shareholdings" can serve various legitimate purposes, but they also raise a fundamental legal question: when a
Empty Coffers, Phantom Capital: Japan's Supreme Court on Disguised Share Payments The financial health and integrity of a company begin with its initial capitalization. When shareholders subscribe for shares, the law expects a genuine infusion of funds to provide the company with the resources it needs to operate and meet its obligations. However, history has seen various schemes designed to merely
Who Pays the Bills? Promoter Liability for Company Incorporation Expenses in Early Japanese Law The birth of a company is rarely a cost-free endeavor. Promoters, the architects of a new corporate entity, often incur various expenses during the formation process – from legal fees and registration costs to advertising for initial share subscriptions. A fundamental legal question then arises: who is ultimately responsible for these
When Formality Clashes with Fairness: Promoters' Property Deals and Good Faith in Japanese Corporate Law The process of establishing a new company involves numerous steps, and Japanese company law imposes strict formalities on certain pre-incorporation transactions, particularly those where promoters arrange for the company-to-be to acquire specific property. These rules, designed to protect the nascent company's capital and its future stakeholders, can render
Promises Before Birth: Promoter Liability for Pre-Incorporation Contracts in Japan The period leading up to a company's formal incorporation is often bustling with activity. Promoters, the individuals orchestrating the company's formation, may enter into various contracts to secure assets, arrange services, or even generate initial publicity for the nascent enterprise. But what happens if these "
Behind the Corporate Mask: Japan's Supreme Court on Piercing the Corporate Veil The principle of separate legal personality is a cornerstone of company law, meaning a company is treated as an entity distinct from its shareholders, directors, and officers. This separation generally shields those individuals from the company's liabilities. However, there are circumstances where rigidly adhering to this principle can
Corporate Cash and Political Clout: The Yahata Steel Case and the Legality of Company Donations in Japan The role of corporations in the political sphere, particularly through financial contributions to political parties, is a contentious issue in many democracies. In Japan, a landmark decision by the Grand Bench of the Supreme Court on June 24, 1970, famously known as the Yahata Steel Political Donation Case, addressed the
Defining Corporate Boundaries: Japan's Supreme Court on Company Purpose and Transaction Validity The question of a company's legal capacity—what it can and cannot legally do—is fundamental to corporate law. Traditionally, this capacity has often been linked to the "purpose" for which the company was established, as stated in its articles of incorporation. Acts deemed outside this
Sidewalk Obstructions by Shops in Japan: Legal Tools for Municipalities and Rights of Pedestrians In many bustling shopping streets across Japan, it's a common sight: shops displaying their wares—clothing racks, fruit stands, signboards—spilling out onto sidewalks and pedestrianized roads. While this can contribute to a vibrant commercial atmosphere and attract customers, it also raises concerns about pedestrian safety, accessibility, and
Wartime Claims and Post-War Treaties: The Japanese Supreme Court's Decision The legacy of World War II continues to cast long shadows, particularly concerning unresolved claims for wartime suffering. A significant ruling by the Supreme Court of Japan on April 27, 2007, addressed the complex issue of individual compensation claims for forced labor against the backdrop of post-war peace treaties and
Municipal Waste Collection Fees in Japan: Legality and Challenges to User-Pay Ordinances In Japan, as in many countries, municipalities bear the primary responsibility for collecting and disposing of general household waste. Traditionally, this service was often funded through general tax revenues. However, facing increasing waste volumes, rising disposal costs, and a growing emphasis on environmental responsibility and the "polluter pays"
Regulating Waste Disposal Facilities in Japan (Part2): Challenging Permit Conditions and Seeking Revocation by Third Parties Part 1 of this series discussed the challenges businesses face when their applications for industrial waste disposal facility permits in Japan are met with non-acceptance or rejection based on extra-statutory administrative guidance. This Part 2 shifts focus to situations where a facility is already permitted and operating, but problems arise
Regulating Waste Disposal Facilities in Japan (Part 1): Handling of Non-Acceptance or Rejection of Permit Applications The establishment and operation of waste disposal facilities, particularly those handling industrial waste, are subject to stringent regulations in Japan under the Waste Management and Public Cleansing Act (廃棄物の処理及び清掃に関する法律 – Haikibutsu no Shori oyobi Seisō ni Kansuru Hōritsu, hereinafter "Waste Management Act" or "WMA"). Obtaining the necessary
Denial of Forest Road Use Permits in Japan: Challenging Administrative Discretion and Property Rights Forest roads, or rindō (林道), play a vital role in Japan, providing access for forestry operations, public recreational activities like hiking, and sometimes serving as the sole means of access to private land or facilities nestled within mountainous terrain. When these roads are established and managed by public entities such
Sidewalk Obstructions by Shops in Japan: Legal Tools for Municipalities and Rights of Pedestrians In many bustling shopping streets across Japan, it's a common sight: shops displaying their wares—clothing racks, fruit stands, signboards—spilling out onto sidewalks and pedestrianized roads. While this can contribute to a vibrant commercial atmosphere and attract customers, it also raises concerns about pedestrian safety, accessibility, and
Enrollment of Disabled Children in Japanese Municipal Junior High Schools: Litigating for Inclusive Education Japan, like many developed nations, is increasingly focused on promoting inclusive education for children with disabilities. National laws such as the Basic Act on Education, the Act for Persons with Disabilities, and the Act for Eliminating Discrimination Against Persons with Disabilities all underscore a policy direction towards enabling students with
