The doctrine of unjust enrichment, or futō ritoku (不当利得) in Japanese, typically addresses straightforward situations where one party directly benefits at another's expense without legal justification. However, the complexities of modern commercial and financial dealings often give rise to more intricate scenarios involving three or more parties. In

In the complex web of commercial and personal dealings, situations inevitably arise where one party gains a benefit at the expense of another, and the retention of that benefit seems, fundamentally, unfair. Japanese law, like most developed legal systems, addresses such scenarios through the doctrine of "unjust enrichment,"

In Japan, agreements for agency, professional services, or the general entrustment of affairs often fall under the legal category of inin (委任 – mandate) or jun-inin (準委任 – quasi-mandate). A defining characteristic of these contracts is their foundation on a deep personal relationship of trust and confidence (shinnin kankei – 信頼関係) between the

When businesses or individuals in Japan entrust another party with the management of their affairs, the performance of services, or the execution of legal acts on their behalf, the governing contractual framework is often an inin (委任 – mandate) or a jun-inin (準委任 – quasi-mandate) agreement. These contracts are fundamentally built on

When businesses look to outsource projects, commission custom-made goods, or engage services for a specific deliverable in Japan, they often enter into what is legally termed an ukeoi keiyaku (請負契約), or a "contract for work." This type of agreement is distinct from employment or simple service provision and

Employing personnel is a cornerstone of virtually every business operation. When establishing or managing a workforce in Japan, it's essential to understand the legal framework governing the employer-employee relationship. While a comprehensive body of specific labor laws (such as the Labor Standards Act and the Labor Contract Act)

Entering into a real estate lease in Japan, whether for residential or commercial purposes, often involves upfront payments beyond the first month's rent. These can include a shikikin (敷金 – security deposit), reikin (礼金 – key money or gift money), and sometimes a hoshōkin (保証金 – guarantee deposit). For businesses and

While the Japanese Civil Code provides the general legal framework for lease agreements (chintaishaku), anyone dealing with real property leases in Japan—whether for land intended for building or for existing buildings—will quickly encounter a highly significant piece of special legislation: the Act on Land and Building Leases (Shakuchi

Imagine you are a tenant, whether residential or commercial, operating under a lease agreement in Japan. One day, you learn that your landlord has sold the property to a new owner. This common scenario immediately raises critical questions: Is my lease still valid? Can the new owner force me to

Lease agreements are fundamental to both commercial and residential life, providing the framework for the use and enjoyment of property owned by others. In Japan, these agreements are known as chintaishaku (賃貸借). While the Japanese Civil Code provides the foundational rules for chintaishaku, it's crucial to recognize that

When businesses or individuals purchase goods in Japan, they do so with the expectation that the products will meet certain standards of quality, performance, and utility. But what happens when these expectations are not met, and the delivered goods turn out to be defective? Historically, Japanese law addressed this under

When purchasing goods, a buyer rightfully expects to receive not only the physical items but also clear and unencumbered legal rights to them. However, situations can arise where the seller, for various reasons, is unable to transfer the full, promised rights. This issue, distinct from physical defects in the goods

Contracts are the lifeblood of business, designed to create certainty and enforceability. However, circumstances can arise where one party may wish to, or need to, exit a contractual relationship. In Japan, the primary legal mechanism for unilaterally ending a validly formed contract, particularly in response to a counterparty's

Imagine entering into a contract, only for an unforeseen event—an "act of God," a sudden accident, or a change in circumstance beyond anyone's control—to render one party's performance impossible. In such situations, a critical question arises: what happens to the other party&

In the course of business, contractual obligations form the bedrock of predictable and fair dealings. However, what happens when one party to a bilateral agreement in Japan fails to uphold their end of the bargain? Can the other party—the one awaiting performance—legitimately withhold their own obligations? This common

In today's fast-paced commercial environment, standard form contracts—often referred to as "boilerplate" agreements—are a ubiquitous feature of business transactions globally. In Japan, these are known as yakkan (約款). While they offer undeniable benefits in terms of efficiency and uniformity, they also present unique legal

In the intricate dance of international business, establishing clear and enforceable agreements is paramount. When operating in Japan, understanding the precise legal requirements for contract formation can prevent costly misunderstandings and disputes. While a mutual understanding might seem sufficient, Japanese law, like many civil law jurisdictions, delineates specific elements that

The period leading up to a formal contract is often characterized by dynamic exchanges, proposals, and expressions of intent. While the full suite of contractual obligations typically crystallizes only upon execution of a definitive agreement, parties entering negotiations in Japan are not operating in a legal vacuum. Japanese law recognizes

In the world of commerce, contracts form the bedrock of business relationships. Whether engaging with partners, suppliers, or customers in Japan, a clear understanding of how Japanese law views contractual obligations is paramount. This article delves into the core concept of the binding force of contracts in Japan and explores

In the intricate process of criminal justice, the actions and procedures employed by investigating officers are foundational to the integrity of any case. Typically, investigators are the ones asking the questions. However, there are critical junctures—particularly when a suspect or defendant challenges the legality of how evidence was obtained

In any criminal investigation, information gathered from individuals other than the suspect—collectively known in Japan as "reference persons" (sankōnin, 参考人)—can be pivotal. These individuals might be eyewitnesses who directly observed the crime, or they could be experts whose specialized knowledge helps interpret complex evidence. While both

In the pursuit of justice, victim testimony is often a critical compass, guiding investigators through the complexities of a crime. However, when objective physical evidence is scarce, particularly in sensitive cases such as alleged sexual offenses or assaults where memory may be affected, the process of interviewing victims—known in

Victim testimony is a cornerstone of any criminal justice system, providing crucial insights into the nature of an offense, its impact, and the actions of the perpetrator. In Japan, the process of interviewing victims, known as higai-sha shirabe (被害者調べ), is conducted with care, aiming to gather a comprehensive and accurate