Legal News

A 12-post collection

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. »

Bailment by overstaying lessee

In this case, a lessee who incurred expenses for repair of property damaged in a typhoon asserts a bailment of the lease pending compensation. »

Commercial bailment of warehouse space

(2005-05-28) This case concerns a claim of commercial bailment over leased property in the context of a family business incorporated as a limited corporation. »

Commercial bailment of a leasehold

(2017-12-04) On a literal reading, the Japanese Commercial Code permits a lessee in possession to assert a bailment of the property for debts owed by the lessor. In this case, the Supreme Court confirms this expansive reading. »

Easements and registration

(1998-02-13) In Japan, interests in immoveables are transferred by contract, and perfected through registration. In this case, constructive notice of a right-of-way easement is held a good defense against challenge by a transferee. »

AirBnB business

(2017-06-01) The legal position of AirBnB rentals is in flux in Japan. In this case, a petition for declaratory relief against a local government demand that proprietors register under the Ryokan Business Act is denied for lack of justiciability. »