Japan Compliance

What Exactly is an "Obligatory Relation" (Saiken Kankei) Under Japanese Civil Code and Why Does It Matter for My Business in Japan?

Understanding the foundational concepts of Japanese civil law is crucial for any foreign enterprise conducting business in or with Japan. One such cornerstone is the notion of "Saiken Kankei" (債権関係), often translated as an "obligatory relation" or "creditor-debtor relationship." This concept underpins a vast

Unlawful Asset Freezes in Japan: Calculating Damages for Wrongful Provisional Attachments

Case: Supreme Court of Japan, Third Petty Bench, Judgment of May 28, 1996 (Case No. 1995 (O) No. 531, Action for Damages) When a business or individual has their assets wrongfully frozen through an unlawful provisional attachment (kari-sashiosae), the financial repercussions can be severe. This Japanese Supreme Court judgment from

Navigating Liability for Wrongful Provisional Orders in Japan: A Supreme Court Perspective

Case: Supreme Court of Japan, Second Petty Bench, Judgment of January 22, 1990 (Case No. 1989 (O) No. 1546, Action for Damages) This case delves into the crucial question of when a party who obtains a provisional disposition (a temporary court order, akin to a preliminary injunction) can be held

The 'Locked' Defendant: How Japanese Provisional Injunctions Prevent Debtors from Evading Eviction Suits by Transferring Possession

Date of Supreme Court Decision: January 21, 1971 In legal disputes over the possession of real property, a common tactic by a defendant facing eviction might be to transfer possession to a third party, thereby attempting to render the ongoing lawsuit against them moot or to complicate future enforcement. Japanese

The Evolving Shield: How a Provisional Injunction in Japan Can Protect a Later-Perfected, Related Claim

Date of Supreme Court Decision: September 20, 1984 Provisional dispositions, particularly those prohibiting the disposition of property (処分禁止の仮処分 - shobun kinshi no karishobun), are vital tools in Japanese civil procedure. They aim to "freeze" an asset, preventing its sale or encumbrance, while the underlying rights to that asset

Flexible Security: Japanese Supreme Court on Provisional Attachment's Reach Beyond the Initially Stated Claim

Date of Supreme Court Decision: February 23, 2012 Provisional attachment (仮差押え - karisashiosae) is a vital tool in Japanese civil procedure, allowing a creditor to secure a debtor's assets to ensure that a future or pending judgment can be satisfied. A critical question often arises concerning the relationship

The Lingering Effect of Withdrawn Provisional Attachments: A Japanese Supreme Court Ruling on Third-Party Debtor Payments

Date of Supreme Court Decision: June 7, 2002 In the complex world of debt recovery, a "provisional attachment" (仮差押え - karisashiosae) is a crucial interim measure in Japanese law that allows a creditor to secure a debtor's assets pending a final judgment. When this targets a

Enduring Interruption: Japanese Supreme Court on Provisional Attachment's Lasting Impact on Statute of Limitations

Date of Supreme Court Decision: November 24, 1998 In the realm of debt recovery, the statute of limitations (消滅時効 - shōmetsu jikō, or prescription) sets a finite period within which a creditor must assert their claim. However, certain legal actions taken by the creditor can "interrupt" (時効中断 -

Executing Periodic Payment Orders in Japan: Supreme Court Clarifies 'Two-Week Rule' for Provisional Dispositions

Date of Supreme Court Decision: January 20, 2005 Provisional dispositions (仮処分 - karishobun) are a vital feature of the Japanese civil justice system, offering interim relief to protect a claimant's rights pending a final resolution of their case. When these dispositions order periodic payments, such as provisional wage

Opening the Gates: Japanese Supreme Court Clarifies Path for Permitted Appeals in Provisional Remedy Cases

Date of Supreme Court Decision: March 12, 1999 The Japanese judicial system, like many others, has specific pathways for appealing lower court decisions, with appeals to the Supreme Court being subject to particular restrictions. One such avenue is the "permitted appeal" (許可抗告 - kyoka kōkoku), a system primarily

Balancing Hardship in Provisional Injunctions: Japan's Supreme Court on Revocation When Creditor's Harm is Monetary

Date of Supreme Court Decision: February 6, 1951 Provisional dispositions (仮処分 - karishobun) in Japanese law, such as an injunction prohibiting a certain activity like construction, are powerful interim measures designed to protect a claimant's rights pending a final resolution of a dispute. However, because these orders can

Provisional Orders on Shaky Ground: Japanese Supreme Court on Revoking Injunctions After an Initial Loss in the Main Lawsuit

Date of Supreme Court Decision: November 20, 1952 Provisional dispositions (保全命令 - hozen meirei) in Japanese civil procedure, such as an injunction prohibiting the disposal of property, are granted to secure a claimant's alleged rights pending the final outcome of a main lawsuit. These interim measures are based

Restitution of Coercive Payments: Japanese Supreme Court on Unjust Enrichment After Provisional Disposition is Undone by Main Lawsuit

Date of Supreme Court Decision: April 24, 2009 In Japanese civil procedure, provisional dispositions (仮処分 - karishobun) serve as interim measures to protect a claimant's rights pending a final judgment. To ensure compliance with certain types of provisional dispositions, particularly those ordering or prohibiting specific actions, courts can

Undoing Provisional Relief: Japanese Supreme Court on Repaying Wages Received Under a Revoked Provisional Order

Date of Supreme Court Decision: March 15, 1988 Provisional remedies in Japan, such as a "provisional disposition for provisional payment of wages" (賃金仮払仮処分 - chingin karibarai karishobun), are designed to provide swift, interim relief to parties, particularly in employment disputes where a dismissed employee might face immediate financial

When Provisional Relief Leads to Irreversible Change: Japan's Supreme Court on Demolition After Provisional Eviction and Its Impact on the Main Case

Date of Supreme Court Decision: April 17, 1979 Provisional remedies, such as a "provisional disposition to determine a provisional status" (仮の地位を定める仮処分 - kari no chii o sadameru karishobun), are designed to offer swift, temporary protection of a creditor's rights pending the outcome of a full lawsuit.

Freedom of Expression vs. Reputation: Japan's Supreme Court on Prior Restraint of Publications (The Hoppo Journal Case)

Date of Supreme Court Decision: June 11, 1986 The conflict between the fundamental right to freedom of expression and the protection of an individual's reputation is a recurring theme in legal systems worldwide. In Japan, a landmark decision by the Grand Bench of the Supreme Court on June

Balancing Harms: Japanese Supreme Court on 'Necessity' for Provisional Injunctions in M&A Exclusivity Disputes

Date of Supreme Court Decision: August 30, 2004 In the high-stakes world of corporate mergers and acquisitions (M&A), preliminary agreements often include exclusivity clauses designed to prevent one party from negotiating with others for a certain period. When such an agreement breaks down and one party seeks to

Securing Full Recovery: Japanese Supreme Court Allows Successive Provisional Attachments on Different Assets for the Same Claim

Date of Supreme Court Decision: January 31, 2003 In the often uncertain landscape of debt recovery, "provisional attachment" (仮差押え - karisashiosae) stands as a vital pre-judgment (or pre-full-enforcement) remedy in Japan. It allows a creditor to secure a debtor's assets to prevent their disposal, thereby preserving

Preserving Future Claims: Japanese Supreme Court on Provisional Attachment for Unmatured Child Support with Existing Enforceable Title

Date of Supreme Court Decision: January 31, 2017 Civil provisional remedies, such as provisional attachment (仮差押え - karisashiosae), serve as crucial tools for creditors to secure assets before a final judgment or full enforcement is possible, preventing a debtor from dissipating property that might satisfy a future claim. However, a

Formal Auctions in Japan: Supreme Court Confirms "No Surplus" Rules Apply to Co-Owned Property Partition Sales

Date of Supreme Court Decision: February 7, 2012 In Japan, real property auctions are not solely for enforcing debts. A distinct category, known as "formal auctions" (形式的競売 - keishiki-teki keibai), serves various other legal purposes, such as the court-ordered sale of co-owned property to facilitate its partition among

Mortgagee Subrogation in Japan: Supreme Court Mandates Self-Attachment, Rejects "Demand for Distribution" Shortcut

Date of Supreme Court Decision: October 25, 2001 In the intricate dance of creditor claims against a common debtor, Japanese law provides various mechanisms for enforcement. For mortgagees seeking to claim rental income from a mortgaged property under their right of subrogation (物上代位 - butsujō daii), a pivotal question has

Finality of Assignment Orders: Japanese Supreme Court Clarifies Priority over Later Mortgagee Subrogation Claims

Date of Supreme Court Decision: March 12, 2002 In the complex interplay of creditor rights under Japanese law, the priority between different claims on a debtor's assets is a frequently contested issue. A significant decision by the Third Petty Bench of the Supreme Court of Japan on March

Race to Perfection: Japanese Supreme Court on Priority Between General Creditor's Rent Attachment and Later-Registered Mortgage

Date of Supreme Court Decision: March 26, 1998 In the realm of debt recovery and secured transactions, the timing of legal actions to perfect rights is often crucial in determining priority among competing creditors. A significant ruling by the First Petty Bench of the Supreme Court of Japan on March

The Critical Moment: Japanese Supreme Court on Securing Priority in Multi-Creditor Attachments and Third-Party Deposits

Date of Supreme Court Decision: March 30, 1993 In the complex arena of debt recovery, particularly when multiple creditors pursue the same asset of a debtor, the timing and nature of legal actions can be paramount in determining who gets paid and in what order. A crucial decision by the

Secured vs. Unsecured: Japanese Supreme Court on Lien Holder's Subrogation Rights Amidst Competing Creditor Attachments

Date of Supreme Court Decision: July 19, 1985 The world of debt recovery often resembles a race, with creditors employing various legal tools to secure repayment from a common debtor. A critical distinction in this race lies between secured creditors, who possess specific rights over certain assets, and general unsecured