Causation in Medical Omissions: Japan's Supreme Court on Delayed Cancer Diagnosis and Patient Death Date of Judgment: February 25, 1999 (Heisei 11) Case Reference: Supreme Court of Japan, First Petty Bench, 1996 (O) No. 2043 In a significant ruling on February 25, 1999, the Supreme Court of Japan addressed the complex issue of establishing a causal link between a physician's failure to
No Surplus, No Sale? Understanding Japan's "Prohibition of Sale Without Surplus" and the Principle of Surplus When a creditor initiates a real estate auction in Japan, the ultimate goal is, naturally, to recover the outstanding debt from the sale proceeds. However, what happens if the property is so heavily encumbered with prior claims—such as senior mortgages or substantial tax liens—that a sale at the
The Costs of Enforcement: Who Pays for Execution Proceedings and Procedural Fees in Japan? Undertaking legal action to enforce a judgment or other title of obligation in Japan, like anywhere else, incurs costs. These can range from court filing fees and expenses for official valuations to the fees of court execution officers. A critical question for any creditor considering or embarking on civil execution
Global Perspectives on Debt Collection: How Does Japan's Civil Execution System Compare to the US, UK, Germany, and France? The challenge of recovering debts is a universal concern for businesses and individuals operating across borders. When a debtor fails to meet their obligations, creditors often turn to the legal system to enforce their rights. However, the procedures and effectiveness of "civil execution"—the legal process by which
Securing Child Support and Alimony: Special Rules for Enforcing Family Obligations in Japan The financial well-being of children and dependent former spouses following a divorce or separation is a matter of significant societal concern. While Japanese law establishes clear obligations for child support (yōikuhi, 養育費) and spousal support or marital expense sharing (kon'in hiyō, 婚姻費用), the actual enforcement of these payments
"Collection Action" vs. "Assignment Order": Two Ways to Collect Seized Monetary Claims in Japan Successfully obtaining a seizure order (sashiosae meirei, 差押命令) against a monetary claim that your debtor holds against a third party (the garnishee) is a significant step in the Japanese civil execution process. However, the seizure order itself doesn't automatically transfer funds to your account. The next crucial phase
Multiple Claims on One Asset: How Does Japan Handle Competing Seizures and Deposits (Kyotaku)? It's a common scenario in debt collection: a debtor owes money to several different creditors, and all those creditors identify the same valuable asset ripe for seizure. This is particularly prevalent when the asset is a monetary claim held by the debtor against a third party—such as
Dividing the Spoils: How Are Proceeds from Japanese Auctions Distributed to Creditors? A successful real estate auction in Japan culminates in the sale of the property and the payment of the purchase price to the court. But this is not the final step. The crucial question then arises: how are these funds—the "spoils" of the auction—divided amongst the
Financing Your Auction Purchase: How to Utilize Loans for Real Estate Acquired Through Japanese Auctions Acquiring real estate through a court-ordered auction in Japan can present unique opportunities. However, a significant practical challenge for many potential buyers is the general requirement to pay the full purchase price in a lump sum shortly after a successful bid is confirmed and the sale is permitted by the
Transparency in Japanese Foreclosures: The Impact of the BIT (Broadcast Information of Tri-set) System Real estate auctions, or foreclosures, have historically often been perceived as opaque processes, accessible primarily to seasoned specialists and insiders rather than the general public. This lack of transparency can deter broader participation, potentially leading to less competitive bidding and sale prices that may not fully reflect true market value.
Fighting Back Against Execution Obstruction: Countermeasures for Unlawful Occupancy in Japanese Auctions A court-ordered real estate auction in Japan is intended to be an orderly process for creditors to recover debts. However, these proceedings can sometimes be targeted by debtors or illicit third parties attempting to delay the sale, devalue the property, or extort money. Such "execution obstruction" (shikkō bōgai,
Cyber Wrongs, Real Remedies: How Does Japan Handle Provisional Dispositions for Online Infringements? The digital age has brought unprecedented connectivity and information sharing, but it has also created new avenues for harm. Online defamation, invasion of privacy, copyright infringement, and the spread of false information can cause significant and often immediate damage to individuals and businesses. In Japan, when such "cyber wrongs&
Provisional Remedies Across Borders: International Jurisdiction for Civil Provisional Remedies in Japan In today's interconnected global economy, cross-border commercial disputes are increasingly common. When such disputes arise, a critical question for legal practitioners and businesses is how to secure assets or preserve a legal position pending a final resolution, especially when parties or assets are located in different countries. This
Foreclosing on Secured Property: Real Estate Auctions Based on Security Rights in Japan When a debt is secured by real estate in Japan, such as through a mortgage (teitōken, 抵当権) or other registrable security interests, creditors often have a more direct path to enforcement upon default than relying on general civil execution procedures. This specialized process is known as a "real estate
Uncovering Hidden Assets: How Does Japan's "Property Disclosure Procedure" (Zaisan Kaiji Tetsuzuki) Work and What Are Its Limits? For a creditor, obtaining a favorable judgment is often only half the battle. The real challenge frequently lies in locating the debtor's assets to actually satisfy the claim. Debtors may actively conceal their property, or their financial situation may simply be opaque to the outside world. To address
Pre-Litigation Protection: Understanding Provisional Remedies (Kari-Sashiosae & Kari-Shobun) in Japan In the often lengthy process of resolving civil disputes through litigation, a significant risk for potential plaintiffs is that the defendant may take actions that render a future favorable judgment unenforceable or that the plaintiff may suffer irreparable harm while the case is pending. Assets can be dissipated, evidence can
Beyond Money: How Does Japan Enforce Non-Monetary Claims like Delivery of Goods or Specific Performance? While many civil disputes revolve around monetary claims, a significant number involve obligations that cannot be satisfied by a simple payment of money. These "non-monetary claims" can range from the delivery of a specific piece of property or the vacating of real estate, to the performance of a
Garnishing Wages and Bank Accounts: How Monetary Claim Execution Works in Japan For creditors in Japan seeking to recover on a monetary judgment or other title of obligation, one of the most common avenues of enforcement is to target claims that the debtor holds against third parties. Prominent among these are bank account deposits and employment wages. This process, known as execution
Foreclosure in Japan: A Step-by-Step Guide to Compulsory Sale of Real Property When a creditor in Japan holds an enforceable title of obligation (such as a final court judgment or a notarized deed with an execution clause) and the debtor fails to satisfy the underlying monetary claim, one of the most significant enforcement mechanisms available is the compulsory auction of the debtor&
My Property Was Wrongfully Seized! What is a "Third-Party Action Opposing Execution" (Daisansha Igi Soshou) in Japan? Imagine this scenario: you discover that your property—be it real estate, valuable equipment, or a bank account—has been seized or is targeted for seizure as part of a debt collection process. The problem? The debt isn't yours; it belongs to someone else entirely. In Japan, when
Challenging Enforceability: How Can Debtors Contest a "Title of Obligation" in Japan via an "Action Opposing Execution" (Seikyu Igi Soshou)? In the Japanese legal system, a "title of obligation" (saimu meigi, 債務名義) serves as the formal authorization for a creditor to initiate compulsory execution against a debtor. However, the existence of such a title does not preclude the debtor from challenging its enforceability if they believe there are
Beyond the Judgment: Why is an "Execution Clause" (Shikkoubun) Necessary for Enforcement in Japan? In Japan, obtaining a favorable judgment or another "title of obligation" (saimu meigi) is a critical step towards realizing a claim. However, in many instances, this title alone does not automatically unlock the door to compulsory enforcement. An additional, often indispensable, procedural device known as an "execution
"Title of Obligation" (Saimu Meigi): What is the Japanese Equivalent of a Judgment for Enforcement? When a dispute is adjudicated in Japan and a party obtains a favorable outcome, the journey to actual recovery or compliance often requires navigating the intricacies of the Japanese civil execution system. Central to this system is the concept of a "title of obligation," or saimu meigi (債務名義)
What is the "Big Picture" of Resolving Civil Disputes in Japan? When commercial disagreements or other civil conflicts arise in Japan, understanding the established legal pathways to resolution is paramount. While amicable settlements are always encouraged, the Japanese legal system provides a structured, multi-stage process for when such agreements cannot be reached. This framework is designed to ensure fairness and maintain
Anesthesiologist's Duty and Causation: Japan's Supreme Court on Fatal Overdose During Surgery Date of Judgment: March 27, 2009 (Heisei 21) Case Reference: Supreme Court of Japan, Second Petty Bench, 2007 (Ju) No. 783 In a significant medical malpractice decision issued on March 27, 2009, the Supreme Court of Japan addressed the negligence of an anesthesiologist in a case involving the death of
