Concepts on ExcellentWiki - Legal Encyclopedia

Abuse of Rights in Japanese Law

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The doctrine of abuse of rights (kenri no ran’yō) is a cornerstone of Japanese private law, codified in Article 1(3) of the Civil Code: “The abuse of rights shall not be permitted.” This provision, together with Article 1(2) (good faith) and Article 132 (abuse of procedural rights), constitutes a general clause that empowers courts to deny legal protection to the exercise of a right where such exercise falls outside the legitimate social purpose for which the right exists.

Causation in Japanese Tort Law

Tue, 07 Jul 2026 00:00:00 +0000

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 (hōteki inga kankei, often described as the “scope of liability” or “protected interest” analysis). The distinction, while not always maintained with the clarity found in common law jurisdictions, reflects the same underlying policy intuition — that not all consequences factually traceable to a defendant’s conduct should give rise to liability.

Damages in Japanese Law

Tue, 07 Jul 2026 00:00:00 +0000

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 damages (Articles 415–422) and tort damages (Articles 709–724). While the two regimes share common principles, they differ in significant respects, including the standard of causation, the scope of recoverable loss, and the limitation period.

The fundamental purpose of damages in Japanese law is compensatory. Punitive damages are not recognised, and the Japanese legal system maintains a strong hostility toward awards that exceed the plaintiff’s actual loss. The exclusive function of damages is to place the plaintiff in the position that the plaintiff would have occupied but for the defendant’s wrongful conduct.

Good Faith (Shingi Seijitsu) in Japanese Law

Tue, 07 Jul 2026 00:00:00 +0000

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 rights and performance of duties shall be made in good faith.” This provision, together with Article 1(3) (prohibition of abuse of rights), Article 90 (public order and good morals), and Article 709 (tort liability), forms the core of the general clauses through which Japanese courts have developed and adapted private law in response to changing social conditions.

Precedent and Stare Decisis in Japanese Law

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Japan is a civil law jurisdiction — 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 primary source of law is statute (seibun hō), and judicial decisions are not formally recognised as binding sources of law. However, the role of judicial precedent in Japanese law has evolved significantly since the Meiji period, and today the practical authority of precedent — particularly decisions of the Supreme Court (Saikō Saibansho) — approaches that of a formally binding doctrine.

Strict and Absolute Liability in Japanese Law

Tue, 07 Jul 2026 00:00:00 +0000

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 another’s rights or legally protected interests is liable for resulting damages. However, the inherent limitations of fault-based liability — particularly the difficulty of proving negligence in complex industrial and technological contexts — have led to the creation of numerous statutory exceptions that impose liability without proof of fault.

The Separate Property System in Japanese Family Law

Tue, 07 Jul 2026 00:00:00 +0000

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, marriage does not create a community of property between the spouses. Each spouse retains ownership of property acquired before marriage, and property acquired during marriage in the name of one spouse is presumed to be the separate property of that spouse.

Unjust Enrichment in Japanese Law

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The law of unjust enrichment (futo ritoku) in Japan is governed by Articles 703–708 of the Civil Code. The general provision, Article 703, states: “A person who has benefited from the property or labour of another without legal cause and has thereby caused loss to another shall be obliged to return such benefit to the extent of the benefit existing.”

The unjust enrichment claim occupies a distinctive position within the Japanese law of obligations. It is subsidiary to contractual and tort claims — a plaintiff who has a claim in contract or tort cannot circumvent the rules governing those claims by bringing an action in unjust enrichment. However, where no contractual or tort claim is available, unjust enrichment provides a residual remedy that prevents one party from being unjustly enriched at the expense of another.