Juridical act
法律行為
An act by which a person, by manifesting their intention (意思表示), brings about the legal effect they intend, such as making a contract or buying everyday goods (Civil Code, Articles 3-2, 9, paragraph (1), and 91; Act on General Rules for Application of Laws, Article 10, paragraphs (1) and (4)). A contract is formed when one party's offer, a manifestation of intention showing its terms, is accepted by the other (Civil Code, Article 522, paragraph (1)). Where the parties to a juridical act manifest an intention that differs from a provision of laws and regulations not related to public policy, their intention prevails (Article 91). It is void if a party lacked mental capacity (意思能力) when manifesting the intention (Article 3-2), or if it goes against public order or good morals (公の秩序又は善良の風俗) (Article 90). A minor (under 18, Article 4) needs the consent of their legal representative to do one, except one by which they merely acquire a right or are released from an obligation, or a disposal of property the representative has allowed them to dispose of, and one done without that consent may be rescinded (取消し) (Article 5); a rescinded act is treated as void from the start (Article 121), and a void act does not take effect even if the parties later confirm it, though confirming it knowing it is void counts as doing a new act (Article 119). One made subject to a condition precedent (停止条件) takes effect when the condition is fulfilled, and one subject to a condition subsequent (解除条件) loses effect then (Article 127, paragraphs (1) and (2)). Under the Act on General Rules for Application of Laws, the formation and effect of a juridical act are governed by the law of the place its parties chose when they did it (Article 7), or, where they chose none, by the law of the place most closely connected with it at that time (Article 8, paragraph (1)); but a consumer can ask for the protective rules of the law where they habitually live, which governs a consumer contract where no law was chosen, and a worker can ask for those of the place most closely connected with the labor contract, usually where the work is done (Articles 11 and 12) — except in the cases Article 11, paragraph (6) lists, such as a consumer who went to a place under the same law as the business's office and made the contract there, unless the business had invited them, where they habitually live, to make it there.
Provisions and sources it draws on
Where the laws use it
4 laws in force use it in this sense, in 51 provisions; there the word opens this explanation.
- 40 provisions
Article 3-2 Article 5 Article 9 and more
- 5 provisions
Article 29-5 Article 40-3 Article 40-3-3 and more
- 4 provisions
法の適用に関する通則法
Article 7 Article 9 Article 10 and more
- 2 provisions