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When a client abroad asks about Japanese law, the answer has to rest on a provision and be readable on the other side. An assistant connected to japanlaw.org quotes the article, paragraph and item, with the Japanese that has legal effect, English beside it, and a link the client can open.

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Example questions

The answers here are examples written for these pages, to show how an answer rests on the law. They are not legal advice: for your own case, read the official text and ask a qualified professional.

Example question

Our contract names no governing law. Which country's law applies?

Under the Act on General Rules for Application of Laws (法の適用に関する通則法), the law the parties chose governs. With no choice, the law of the place most closely connected with the contract at the time it was made applies.

Article 7

Act on General Rules for Application of Laws 法の適用に関する通則法

  1. (1)

    The formation and effect of a juridical act are governed by the law of the place chosen by the parties at the time of the act.

    法律行為の成立及び効力は、当事者が当該法律行為の当時に選択した地の法による。

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Example question

Is a clause excluding all our liability to consumers valid?

No. Under the Consumer Contract Act (消費者契約法), a clause that completely exempts a business from liability for damage caused by its own default, or lets the business decide whether it is liable, is void.

Article 8, paragraph (1), item (i)

Consumer Contract Act 消費者契約法

  1. clauses completely exempting a business operator from liability to compensate a consumer for damages arising from default by the business operator, or granting authority to the business operator to determine whether or not the business operator is responsible;

    事業者の債務不履行により消費者に生じた損害を賠償する責任の全部を免除し、又は当該事業者にその責任の有無を決定する権限を付与する条項

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Example question

When does an ordinary claim expire?

Under the Civil Code (民法), a claim is extinguished if it is not exercised within five years from when the creditor came to know it could be exercised, or within ten years from when it became exercisable.

Article 166, paragraph (1)

Civil Code 民法

  1. A claim is extinguished by prescription in the following cases:

    債権は、次に掲げる場合には、時効によって消滅する。

  2. (i)

    if the obligee does not exercise the right within five years from the time when the obligee came to know that it was exercisable; or

    債権者が権利を行使することができることを知った時から五年間行使しないとき。

  3. (ii)

    if the obligee does not exercise the right within 10 years from the time when it became exercisable.

    権利を行使することができる時から十年間行使しないとき。

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