Legal News

A 17-post collection

Mortgagee petition for pre-auction eviction of lessee

Supreme Court, Grand Bench, 平成8(オ)1697, November 24, 1999, appeal from Nagoya High Court Disposition The appeal is rejected. Costs to be born by Appellant. Reasons Counsel for Appellant sets for the reasons for appeal as follows. Facts confirmed in the proceeding below are in outline as follows. On »

Organized crime and public housing

Supreme Court, Second Petty Bench, March 27, 2015, 平成25(オ)1655, appeal from Osaka High Court Disposition The appeal is rejected. Cost of appeal to Appellant. Reasons Argument of counsel for Appellant: In outline, the facts established in the proceeding below are as follows: In August 2005, Appellee (Nishimiya City »

Damages for negligent disposition of moveables

Hiroshima High Court, 昭和36(ネ)90, Sept. 11, 1964 Disposition Appellant to pay to Appellee the sum of 25,650 yen, Other claims of Appellee dismissed. Costs of trial and appeal proceedings assessed 1/4 to Appellant, 3/4 to Appellee. Facts Counsel for Appellant pleas for "Quashing of »

Security, composite collateral, and transfers by the debtor

Supreme Court, First Petty Bench, 平成17(受)948, July 20, 2006, appeal from Fukuoka High Court Result The judgment of the court below is quashed. Among the claims of the appellee, the High Court appeal with respect to delivery of the goods set forth in item 1 of the record »

Directors' compensation

Supreme Court, Third Petty Bench, 昭和42(オ)461, September 3, 1968, appeal from Nagoya High Court Other citations: 裁判集民 92号163頁; 金法 528号23頁; 金商 129号7頁 Translation: Sean McGinty Background This decision deals with the border line between the applicability of two provisions in the old Commercial Code which relate to the »

Interpretation of a will

Buildings and land are separately registered assets in Japanese property law. This raises an issue of the interpretation of a testator's intent in this Supreme Court appeal. »

Right of lessee occupation upon enforcement of mortgage

Prior to a July 25, 2003 revision to the Civil Code, certain short-term leases survived foreclosure, unless collusive against the mortgagee. This case, overruled before the revision, concerns the right of the mortgagee to obtain vacant possession before auction. »

Minority rights in multi-building condominiums

The Condominium Act includes cram-down provisions applicable to collective decisions to reconstruct, which differ between single- and multi-building developments. This case challenges the latter under the Constitution. »