If you tried to contact our firm through our website between the period of June 1 to June 14, 2023, your email may have not reached us due to technical issues that have now been resolved. If you sent an email to our office during this time frame and did not receive a response, we would appreciate it if you can send another email to contact us. We sincerely apologize for the inconvenience caused by this. Please fill in our contact form and we will get back to you as soon as possible. The post Issues Contacting Our Firm Between June 1 to June 14, 2023 appeared first on Ohara & Furukawa ..read more

While it can’t match the drama of a judge reaching a decision after a long hard-fought trial, settlements are an efficient and relatively low-cost way to resolve disputes between parties.  Settlements allow businesses or individuals to maintain some level of control over their expenses and avoid the risky gamble of a judge’s decision.  Settlements also take effect immediately upon being approved by the court, which saves time and expense when compared to a potentially lengthy appeals process.  For these reasons, a majority of legal disputes are resolved though settlements throug ..read more

The validity of a Japanese Divorce by Agreement and whether divorce by agreement in Japan is recognized in other countries entirely depends on the laws of that country.  Because a Divorce by Agreement is an extra-judicial process that does not require both parties to be present, and can also easily be faked with a forged signature, many foreign jurisdictions feel uncomfortable recognizing them as valid divorces.  However, very few cases have considered this issue.  The court in H v. H (Queens’s Proctor Intervening) (Validity of Japanese divorce) is one of the few cases to direct ..read more

Normally in Japan, married couples are required to share the same last name.  This requirement is based on the need to centralize the family in one family registry under one single name.  When a baby is born to a couple with the same last name, the child’s surname in Japan will naturally be the name of its parents. However, for Japanese nationals married to foreign nationals overseas, it is not necessary for both spouses to share the same last name.  In these circumstances, when a baby is born between spouses with different last names, child’s surname in Japan will automatically ..read more

Wage garnishment in Japan is possible in the form of a “compulsory execution”. One of the many tools a creditor has to force a debtor to fulfill his obligation in Japan is to use compulsory execution to force the debtor to pay.  In some cases this can mean confiscating the debtor’s property, but under certain circumstances, perhaps the easiest and most efficient way is to garnish the debtor’s wages.  The debtor’s wages may be seized on a continuous basis until the debt and the creditor’s additional costs have been satisfied. It is important to note that Japan does not provide […] The ..read more

In many cases, it is possible to enforce a foreign judgment in Japan, however, Japanese courts will only recognize a final foreign judgment and enforce it in Japan if it meets certain conditions. First, the judgment must have been ordered by a court with proper jurisdiction and proper service must have been given to the defendant. Second, the judgment must not be contrary to public policy in Japan. Finally, a Japanese court will be reluctant to enforce a foreign judgment if the foreign country does not recognize Japanese court judgments in return. In general, a Japanese court should not consid ..read more

When one party breaches a contract by not fulfilling their promise, the other party usually has grounds to sue them for damages.  A successful lawsuit will compel a court to award a monetary value that is determined to be equal to the amount of damage the non-breaching party has sustained. The monetary amount of these damage awards can be very subjective and will vary from case to case since wide discretion is given to the judge. The law regarding risk of loss in Japanese contracts may not be the same as the laws of other countries, so it is important […] The post Risk of Loss in Japanese ..read more

By default, there is usually a Seller’s warranty in Japanese contracts. This warranty covers a variety of situations that might arise, such as a third party claiming ownership or a latent defect in the goods. However, these warranties are only intended to be default rules and they will not apply if the parties have contracted out of them. For example, if a seller includes a “no warranty” clause in the contract, the default warranty rules will not apply. Therefore it is always important to have a sales contract reviewed by an attorney before signing. Having a lawyer review the contract […] The ..read more

District courts in Japan have jurisdiction to hear foreign debt collection cases in Japan but it is important to consider the correct venue for debt collection in Japan. The best venue for debt collection in Japan is the court in the jurisdiction where the debtor lives. This provides the fairest opportunity for the debtor to present a defense and often will also be the court closest to the property and assets that will likely be used to pay the debt. However, if the debtor owns property in Japan but does not live in the country, the proper venue should be […] The post Venue for Debt Collection ..read more

Japan does not have a separate code of law for contracts to determine what laws govern contracts in Japan. Instead, contract law is governed by various laws contained in the Civil Code, the law of torts, the law of property, the law of succession and family law. While these codes contain the basic rules governing contract formation and execution in Japan, special rules relating to contracts between merchants are contained in the Commercial Code. Furthermore there are many other laws relating to protection of consumers and regulation of business operators. The Japanese Civil Code clearly identi ..read more