Habeas Corpus as a Last Resort: Japanese Supreme Court on Enforcing Hague Child Return Orders Date of Decision: March 15, 2018 Supreme Court of Japan, First Petty Bench The Hague Convention on the Civil Aspects of International Child Abduction aims to ensure the prompt return of children wrongfully removed or retained across international borders, with the primary goal of having custody disputes resolved in the
Hague Abduction Convention in Japan: Supreme Court Prioritizes Children's Welfare Amidst Changed Circumstances Date of Decision: December 21, 2017 Supreme Court of Japan, First Petty Bench The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty designed to ensure the prompt return of children wrongfully removed to or retained in a contracting state, with the underlying principle that
Surrogacy Across Borders: Japanese Supreme Court on Recognizing Foreign Parentage Orders Date of Decision: March 23, 2007 Supreme Court of Japan, Second Petty Bench The rise of assisted reproductive technologies (ART), including international surrogacy arrangements, presents profound legal challenges globally. When a child is born through surrogacy in one country where it is legal and parentage is established there, the intended
Untangling Family Trees: Japanese Supreme Court on Establishing Parent-Child Links Across Borders Date of Judgment: January 27, 2000 Supreme Court of Japan, First Petty Bench International family law cases often present deeply complex scenarios, requiring courts to navigate differing national laws to determine personal status and rights. A Japanese Supreme Court decision from January 27, 2000, provides a detailed illustration of this,
De Facto Marriage Breakdown Across Borders: A Japanese Supreme Court Case on Choice of Law Date of Judgment: December 27, 1961 Supreme Court of Japan, First Petty Bench In Japan, a long-term cohabiting relationship between a man and a woman that resembles marriage but lacks formal legal registration is known as a naien. While not a formal marriage, naien relationships have been accorded certain legal
Employee Inventions, Global Patents: Japanese Supreme Court on Remuneration for Foreign Patent Rights Date of Judgment: October 17, 2006 Supreme Court of Japan, Third Petty Bench When an employee creates an invention as part of their duties, and that invention leads to valuable patents not just domestically but in multiple countries, complex questions arise regarding fair compensation for the employee. A landmark Japanese
Foreign Patents, Japanese Courts: Supreme Court Tackles Cross-Border Infringement Claims Date of Judgment: September 26, 2002 Supreme Court of Japan, First Petty Bench In an era of global commerce, intellectual property rights, particularly patents, often find their protective reach tested across international borders. A significant issue arises when activities in one country, which may not directly infringe a patent there
Parallel Imports and Patent Rights: A Japanese Supreme Court Ruling on Territoriality and Implied License Date of Judgment: July 1, 1997 Supreme Court of Japan, Third Petty Bench The globalized marketplace often sees patented products, legitimately sold in one country, being imported into another country where a corresponding patent exists, without the patent holder's direct authorization for that specific importation. This practice, known
Dollar Debts, Yen Judgments: A Japanese Supreme Court Ruling on Foreign Currency Claims Date of Judgment: July 15, 1975 Supreme Court of Japan, Third Petty Bench In an increasingly globalized economy, contracts and debts denominated in foreign currencies are commonplace. However, when disputes arise and litigation ensues in a domestic court, questions emerge: Can a creditor demand payment in the local currency? If
Securing Debts Across Borders: A Japanese Supreme Court Case on Pledging Bank Deposits Date of Judgment: April 20, 1978 Supreme Court of Japan, First Petty Bench In the world of international finance, taking security over assets to guarantee loans or other obligations is a fundamental practice. When these assets are intangible, such as bank deposits or contractual rights (claims), and the parties or
Whose Car Is It Anyway? A Japanese Supreme Court Case on Stolen Vehicles, International Sales, and Choice of Law Date of Judgment: October 29, 2002 Supreme Court of Japan, Third Petty Bench The principle of lex rei sitae (law of the situs) is a cornerstone of private international law, dictating that the law of the place where property is located governs rights in that property. While straightforward for immovable
When Foreign Law Clashes with Local Values: Japan's Supreme Court on Public Policy and Divorce Property Rights Date of Judgment: July 20, 1984 Supreme Court of Japan, Second Petty Bench In the interconnected world of international legal relations, courts are often tasked with applying foreign laws. However, there are instances where the application of a designated foreign law might lead to a result that deeply offends the
The 'Renvoi' Doctrine in Action: A Japanese Supreme Court Case on International Inheritance and Conflict of Laws Date of Judgment: March 8, 1994 Supreme Court of Japan, Third Petty Bench In the realm of private international law (also known as conflict of laws), legal practitioners and courts often encounter situations where the laws of different countries point in different directions. One fascinating doctrine that attempts to resolve
The "Question Before the Question": Japan's Supreme Court Clarifies Choice of Law for Preliminary Issues in International Cases Date of Judgment: January 27, 2000 Supreme Court of Japan, First Petty Bench International legal disputes, particularly those involving family matters and inheritance across borders, often resemble a complex web of interconnected issues. To resolve the main legal question presented to a court, it sometimes becomes necessary to first answer
Navigating Cross-Border Inheritance: A Landmark Japanese Supreme Court Ruling on Real Estate and Conflict of Laws Date of Judgment: March 8, 1994 Supreme Court of Japan, Third Petty Bench The complexities of international inheritance, particularly when real estate is involved, often present challenging legal questions. Different countries have different rules governing who inherits, what rights they have, and how property can be transferred. When these differing
Union's Right to Seek Judicial Confirmation of Bargaining Status: The JNR (Kokuro) Railway Pass Case (Supreme Court of Japan, April 23, 1991) On April 23, 1991, the Third Petty Bench of the Supreme Court of Japan delivered a significant judgment in a case involving the Japanese National Railways (JNR), later the JNR Settlement Corporation (JNRSC), and the National Railway Workers' Union (Kokuro). This decision was the first by the Supreme Court
What Happens When There Are No Heirs in Japan? The Process for Unclaimed Estates The Japanese system of inheritance, like those in other developed nations, provides a clear framework for the transfer of a decedent's assets and liabilities to their legal heirs. But what happens when an individual passes away and no statutory heirs can be found, or when all known heirs
Renunciation and Acceptance of Inheritance in Japan: What are the Options and Deadlines for Heirs? Upon the death of an individual in Japan, their designated heirs face a critical and time-sensitive decision: whether to accept the inheritance, and if so, under what terms, or to renounce it entirely. This decision carries significant legal and financial consequences, particularly as inheritance in Japan involves succeeding not only
Disinheritance in Japan: Grounds and Procedures for Disqualifying an Heir (Sōzoku Haijo & Kakkaku) While Japanese law establishes a clear order of statutory succession to ensure the orderly transfer of a decedent's estate, it also recognizes that not all individuals who stand to inherit may be deserving or legally qualified to do so. Beyond simply omitting an heir from a will (which
Union's Standing for Remedy After Membership Loss: The Asahi Diamond Industrial Case (Supreme Court of Japan, June 10, 1986) On June 10, 1986, the Third Petty Bench of the Supreme Court of Japan delivered a crucial judgment in the Asahi Diamond Industrial Co. case. This decision provided significant clarification on a labor union's "interest in seeking remedy" (救済利益 - kyūsai rieki) for unfair labor practices
How to Claim a Legally Reserved Share (Iryūbun) in Japan: The Process for Seeking Monetary Compensation In Japanese inheritance law, the concept of iryūbun (遺留分), or the "legally reserved share," serves as a vital safeguard for certain close family members. It ensures that even if a decedent's will (igon - 遺言) or substantial lifetime gifts (zōyo - 贈与) attempt to distribute their
'Iryūbun' – The Legally Reserved Share in Japanese Inheritance: What is it and Who is Entitled? Japanese inheritance law, while generally respecting a testator's freedom to dispose of their property by will (igon - 遺言), incorporates a crucial protective mechanism for close family members known as iryūbun (遺留分). This "legally reserved share" guarantees certain statutory heirs a minimum portion of the decedent&
'Izō' – Testamentary Gifts in Japan: Understanding Specific and Universal Bequests In Japanese estate planning, a will (igon - 遺言) serves not only to designate heirs and their shares but also to make specific dispositions of property to individuals or entities who may or may not be statutory heirs. These dispositions are known as "testamentary gifts" or izō (遺贈)
Execution and Probate of Wills in Japan: How are a Deceased Person's Wishes Carried Out? Creating a legally valid will (igon - 遺言) is a critical step in estate planning in Japan, allowing individuals to direct how their assets should be distributed after their death. However, the will itself is merely a document until its provisions are put into effect. This process involves two key
'Igon' – Wills in Japan: What are the Formal Requirements and Legal Effects? In Japan, a will, known as an igon (遺言) or yuigon, serves as a crucial legal instrument allowing individuals to direct the disposition of their property and address other personal affairs after their passing. While statutory rules of inheritance provide a default framework, a valid will enables a testator (the
