Concepts
Abuse of Rights in Japanese Law
Introduction The doctrine of abuse of rights (kenri no ran’yΕ) is a cornerstone of Japanese private law, codified in Article 1(3) of the Civil Code: “The abuse of rights shall not be β¦
Causation in Japanese Tort Law
Introduction Causation in Japanese tort law presents a dual requirement: the plaintiff must establish both factual causation (jijitsu no inga kankei) and legal causation or proximate cause (hΕteki β¦
Damages in Japanese Law
Introduction The law of damages in Japan governs the monetary compensation recoverable for breach of contract and for tortious conduct. The Civil Code establishes two principal regimes: contractual β¦
Good Faith (Shingi Seijitsu) in Japanese Law
Introduction The principle of good faith (shingi seijitsu) stands as one of the foundational general clauses in Japanese private law. Article 1(2) of the Civil Code provides: “The exercise of β¦
Precedent and Stare Decisis in Japanese Law
Introduction Japan is a civil law jurisdiction β its legal system is rooted in the civilian tradition, primarily influenced by German and, to a lesser extent, French law. In civil law systems, the β¦
Strict and Absolute Liability in Japanese Law
Introduction Japanese tort law is founded on the principle of fault-based liability, codified in Article 709 of the Civil Code, which provides that a person who intentionally or negligently infringes β¦
The Separate Property System in Japanese Family Law
Introduction Japanese family law adopts a separate property system (zaisan bengosaku) for married couples, codified in Book IV of the Civil Code (Articles 762 and following). Under this system, β¦
Unjust Enrichment in Japanese Law
Introduction The law of unjust enrichment (futo ritoku) in Japan is governed by Articles 703β708 of the Civil Code. The general provision, Article 703, states: “A person who has benefited from β¦