①The legal capacity of a person to act is governed by their national law.

②Notwithstanding the provisions of the preceding paragraph, when a person who has performed a juridical act is subject to the limitation of their capacity to act under their national law but has full capacity to act under the law of the place where the act is done (lex loci actus), that person is deemed to have full capacity to act, only in cases where all the parties were present in a place governed by the same law at the time of the juridical act.

③The preceding paragraph does not apply to a juridical act to be governed by the provisions of family law or inheritance law, or a juridical act relating to real property situated in a place governed by a different law from the law of the place where the act was done.

The court may make a ruling for commencement of guardianship, curatorship or assistance (hereinafter collectively referred to as a "Ruling for Commencement of Guardianship, etc.") under Japanese law where a person who is to become an adult ward, person under curatorship or person under assistance has domicile or residence in Japan or has Japanese nationality.

①The court may make an adjudication of their disappearance under Japanese law where an absentee had domicile in Japan or had Japanese nationality, at the latest point of time when they were found to be alive.

②Even in the case where the preceding paragraph does not apply, if an absentee's property is situated in Japan, or if an absentee's legal relationship should be governed by Japanese law or is connected with Japan in light of the nature of the legal relationship, the domicile or nationality of the party and any other circumstances concerned, the court may, by applying Japanese law, make an adjudication of the absentee's disappearance only with regard to the property or the relevant legal relationship, respectively.

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.

①In the absence of a choice of law under the preceding Article, the formation and effect of a juridical act are governed by the law of the place with which the act is most closely connected at the time of the act.

②In the case referred to in the preceding paragraph, if only one of the parties is to provide a characteristic performance involved in a juridical act, the law of the habitual residence of the party providing the performance (in cases where the relevant party has a place of business connected with the juridical act, the law of the place of business; in cases where the relevant party has two or more places of business which are connected with the juridical act and which are governed by different laws, the law of the principal place of business) is presumed to be the law of the place with which the act is most closely connected.

③In the case referred to in paragraph (1), if the subject matter of the juridical act is real property, notwithstanding the provisions of the preceding paragraph, the law of the place where the real property is situated (lex rei sitae)is presumed to be the law of the place with which the act is most closely connected.

The parties may change the law otherwise applicable to the formation and effect of a juridical act; provided, however, that if that change prejudices the rights of a third party, it may not be duly asserted against the third party.

①The formalities for a juridical act are governed by a law applicable to the formation of the act (the initially applicable law prior to the change governs if the law was changed under the preceding Article after the juridical act).

②Notwithstanding the provisions of the preceding paragraph, the formalities that comply with the law of the place where the relevant act was done are valid.

③For the purpose of the application of the preceding paragraph, with regard to a manifestation of intention to a person in a place governed by a different law, the place from where the notice of the manifestation was dispatched is deemed to be the place where that act was done.

④The preceding two paragraphs do not apply to the formalities for a contract concluded between persons in places governed by different laws. In this case, notwithstanding paragraph (1), the formalities for a contract that comply with either the law of the place from where the notice of offer was dispatched or the law of the place from where the notice of acceptance was dispatched are valid.

⑤The preceding three paragraphs do not apply to the formalities for a juridical act to establish or dispose of a real right (a right in rem) with regard to movable or immovable, or any other right requiring registration.

①Even when the law applicable to the formation and effect of a contract (excluding a labor contract: hereinafter referred to as a "Consumer Contract" in this Article) between a consumer (meaning an individual, excluding an individual who becomes a party to a contract as a business or for a business; hereinafter the same applies in this Article) and a business operator (meaning a juridical person and any other association or foundation and an individual who becomes a party to a contract as a business or for a business; hereinafter the same applies in this Article) as a result of a choice or a change of law under Article 7 or Article 9 is a law other than the law of the consumer's habitual residence, if the consumer has manifested their intention to the business operator that a specific mandatory provisions from within the law of the consumer's habitual residence should be applied, the mandatory provisions also apply to the matters stipulated by the mandatory provisions with regard to the formation and effect of the Consumer Contract.

②Notwithstanding Article 8, in the absence of a choice of law under Article 7 with regard to the formation and effect of a Consumer Contract, the formation and effect of the Consumer Contract are governed by the law of the consumer's habitual residence.

③Even where a law other than the law of a consumer's habitual residence is chosen under Article 7 with regard to the formation of a Consumer Contract, if the consumer has manifested their intention to the business operator that a specific mandatory provisions from within the law of the consumer's habitual residence should be applied to the formalities for the Consumer Contract, the mandatory provisions exclusively apply to the matters stipulated by the mandatory provisions with regard to the formalities for the Consumer Contract, notwithstanding paragraphs (1), (2) and (4) of the preceding Article.

④Where the law of a consumer's habitual residence is chosen under Article 7 with regard to the formation of a Consumer Contract, if the consumer has manifested their intention to the business operator that the formalities for the Consumer Contract should be governed exclusively by the law of the consumer's habitual residence, the formalities for the Consumer Contract are governed exclusively by the law of the consumer's habitual residence, notwithstanding paragraphs (2) and (4) of the preceding Article.

⑤In the absence of a choice of law under Article 7 with regard to the formation of a Consumer Contract, notwithstanding paragraphs (1), (2) and (4) of the preceding Article, the formalities for the Consumer Contract are governed by the law of the consumer's habitual residence.

⑥The preceding paragraphs of this Article do not apply in any of the following cases:

①Even where the applicable law to the formation and effect of a labor contract as a result of a choice or change under Article 7 or Article 9 is a law other than the law of the place with which the labor contract is most closely connected, if a worker has manifested their intention to an employer that a specific mandatory provisions from within the law of the place with which the labor contract is most closely connected should be applied, that mandatory provisions also apply to the matters stipulated in the mandatory provisions with regard to the formation and effect of the labor contract.

②For the purpose of the application of the preceding paragraph, the law of the place where the work should be provided under the labor contract (in cases where that place cannot be identified, the law of the place of business at which the worker was employed; the same applies in paragraph (3)) is presumed to be the law of the place with which the labor contract is most closely connected.

③In the absence of a choice of law under Article 7 with regard to the formation and effect of a labor contract, notwithstanding Article 8, paragraph (2), the law of the place where the work should be provided under the labor contract is presumed to be the law of the place with which the labor contract is most closely connected with regard to the formation and effect of the labor contract.

①A real right to movables or immovables and any other right requiring registration are governed by the law of the place where the subject property of the right is situated.

②Notwithstanding the provisions of the preceding paragraph, acquisition or loss of a right prescribed in that paragraph is governed by the law of the place where the subject property of the right is situated at the time when the facts constituting the cause of the acquisition or loss were completed.

The formation and effect of a claim arising from management without mandate (negotiorum gestio) or unjust enrichment are governed by the law of the place where the facts constituting the cause of it occurred.

Notwithstanding the provisions of the preceding Article, the formation and effect of a claim arising from management without mandate or unjust enrichment are governed by the law of the place that is obviously more closely connected with the management without mandate or unjust enrichment than the place indicated in that Article, in light of that the parties had their habitual residence in the places governed by the same law at the time of the occurrence of the facts constituting the cause of the management without mandate or unjust enrichment, that management without mandate was performed or unjust enrichment arose in connection with a contract concluded between the parties, or any other circumstances concerned.

The parties to the management without mandate or unjust enrichment may change a law applicable to the formation and effect of a claim arising from the management without mandate or unjust enrichment after the facts constituting the cause of it occurred; provided, however, that if the change prejudices the rights of a third party, it may not be duly asserted against the third party.

The formation and effect of a claim arising from a tort is governed by the law of the place where the result of the wrongful act occurred; provided, however, that if the occurrence of the result at the relevant place was ordinarily unforeseeable, the law of the place where the wrongful act was committed governs.

Notwithstanding the preceding Article, where a claim arises from a tort involving injury to life, body or property of others, caused by a defect in a product (meaning a thing produced or processed; hereinafter the same applies in this Article) that is delivered, against a producer (meaning a person who has produced, processed, imported, exported, distributed or sold a product in the course of trade; hereinafter the same applies in this Article) or a person who has provided a representation on the product in a manner which allows the others to recognize such person as its producer (hereinafter collectively referred to as a "Producer, etc." in this Article), the formation and effect of the claim is governed by the law of the place where the victim received the delivery of the product; provided, however, that if the delivery of the product at the relevant place was ordinarily unforeseeable, the law of the principal place of business of the Producer, etc. (in cases where the Producer, etc. has no place of business, the law of their habitual residence) governs.