Professional Documents
Culture Documents
Customs which are not incompatible with public order and good morals shall
have the same effect as laws if they are authorized by provisions of statutes
or statutory instruments, or concern matters not otherwise prescribed by
such provisions.
Chapter 3 - General Rules for Governing Law
Section 1 - Persons
Article 4 (Capacity to Act)
(1) A person's capacity to act is governed by his/her national law.
(2) Notwithstanding the preceding paragraph, a person shall be deemed to
have the capacity to act, when he/she has the capacity to act under the law
of the place of the act and all the parties of the juristic act are located in
the same jurisdiction at the time of the act, even if he/she is a person with
limited capacity under his/her own national law.
(3) The preceding paragraph does not apply to either a juristic act which is
governed by any law on family relationships or succession, or to a juristic
act involving immovables which are not located in the same jurisdiction as
that of the place of the act.
Article 5 (Order for Commencement of Guardianship, etc.)
A court may issue an order for commencement of guardianship, curator-ship
or assistance (hereinafter referred to as an "order for commencement of
guardianship, etc ") under Japanese law if the ward or person under
curatorship or assistance is domiciled or resident in Japan or has Japanese
nationality.
Article6 (Adjudication of Disappearance)
(1) A court may make an adjudication of disappearance if an absentee was
domiciled in Japan or had Japanese nationality at the time that he or she
was last confirmed alive.
(2) Even if the requirements provided for in the preceding paragraph are not
satisfied, if an absentee has property in Japan, a court may make an
adjudication of disappearance with regard to his/her property. Also, if an
absentee has a legal relationship which either is governed by Japanese
law or has some bearing on Japan in light of the nature of the legal
relationship, his/her domicile and nationality and other circum stances, a
(1) The formalities of a juristic act shall be governed by the law which applies
to the formation of the act (if the applicable law is changed after the
juristic act was made pursuant to the preceding article, it shall be
governed by the law that was previously applicable).
(2) Notwithstanding the preceding paragraph, a juristic act shall be formally
valid if it conforms with the law of the place where the juristic act was
made.
(3) In applying the preceding paragraph, with regard to a declaration of
intention to make a juristic act to a person who is in a different
jurisdiction, the law of the place where the declaration was made is
deemed to be the place where the juristic act was made.
(4) The provisions of the preceding two paragraphs shall not be applicable to
a contract concluded between persons who are in different jurisdictions. In
this case, notwithstanding paragraph 1, the contract shall be formally
valid if it conforms with the law of the place from which the notice of offer
or that of acceptance has been sent.
(5) The provisions of the preceding three paragraphs shall not be applicable
to juristic acts which create or dispose of rights in rent to movables or
immovables, or other rights requiring registration.
Article11 (Special Rules for Consumer Contracts)
(1) Even if the law governing the formation and effect of a contract (except
for a labor contract) that is concluded between a consumer (the term
"consumer" as used in this article means an individual who becomes a
contractual party neither in nor for the purpose of business) and a
business operator (the term "business operator" as used in this article
means a juridical person or other association or foundation, or an
individual who becomes a contractual party in or for the purpose of
business), which is referred to in the following provisions of this article as
a "consumer contract," is, according to a choice or change of governing law
pursuant to Article 7 or Article 9 respectively, a law other than the law of
the place where the consumer habitually resides, the specific mandatory
rules in the law of the consumer's habitual residence shall also apply to
matters subject to such mandatory rules with regard to the formation and
effect of the consumer contract, provided that the consumer expresses
his/her will to the business operator to the effect that such mandatory
rules should apply.
(2) If the parties have not chosen a law to govern the formation and effect of
their consumer contract pursuant to Article 7, the formation and effect of
such consumer contract shall be, notwithstanding Article 8, subject to the
law of the consumer's habitual residence.
(3) Even if a law other than the law of the consumer's habitual residence has
been chosen to govern the formation of a consumer contract pursuant to
Article7, the specific mandatory rules in the law of his/her habitual
residence shall exclusively apply to matters subject to such mandatory
rules with regard to the formalities of the consumer contract,
notwithstanding paragraphs 1, 2 and 4 of the preceding article, provided
that the consumer expresses his/her will to the business operator to the
effect that such mandatory rules should apply.
(4) If the law of the consumer's habitual residence has been chosen to govern
the formation of a consumer contract pursuant to Article 7, and if the
consumer expresses his/her will to the business operator to the effect that
the law of his/her habitual residence should exclusively apply to the
formalities of the consumer contract, the formalities of the consumer
contract shall be governed by the law of the consumer's habitual residence,
notwithstanding paragraphs 2 and 4 of the preceding article.
(5) If the parties have not chosen a law to govern the formation of their
consumer contract pursuant to Article 7, the formalities of the consumer
contract shall be governed by the law of the consumer's habitual residence,
notwithstanding paragraphs 1, 2 and 4 of the preceding article.
(6) The preceding paragraphs 1 through 5 are not applicable in any of the
following cases:
(i) the business operator's establishment which relates to the consumer
contract is located in a jurisdiction other than the jurisdiction of the
consumer's habitual residence, and the consumer goes to the
jurisdiction of the business operator's establishment and concludes a
consumer contract in that jurisdiction; except where the consumer has
been solicited by the business operator to conclude the consumer
contract in that jurisdiction.
(ii) the business operator's establishment which relates to the consumer
contract is located in a jurisdiction other than the jurisdiction of the
The effect of a marriage shall be governed by the spouses' national law, if the
national law of each of the spouses is the same. If that is not the case but
where the law of the spouses' place of habitual residence is the same, the
effect shall be governed by the law of that place. If none of these cases apply,
the effect shall be governed by the law of the place with which the spouses
are most closely connected.
Article26 (Matrimonial Property Regime and Protection of Domestic
Transactions)
(1) The preceding article shall apply mutatis mutandis to the matrimonial
property regime.
(2) Notwithstanding the preceding paragraph, the regime shall be governed
by the law that the spouses choose from among the following laws, where
such choice is made in writing, signed and dated by them. In this case, the
choice shall come into effect ex mine:
(i) the law of the country of either spouse's nationality;
(ii) the law of the place of either spouse's habitual residence; or
(iii) in respect of the matrimonial regime regarding immovables, the law of
the place where such immovables are located.
(3) A matrimonial property regime governed by a foreign law may not be
asserted against third parties without knowledge insofar as it concerns
juristic acts performed in Japan or property situated in Japan. The
matrimonial property regime in such cases as against third parties shall
be governed by Japanese law.
(4) Notwithstanding the preceding paragraph, a matrimonial property
contract concluded in compliance with a foreign law applicable pursuant
to paragraphs J or 2 shall be binding on any third parties insofar as the
contract is registered in Japan.
Article27 (Divorce)
Article 25 shall apply mutatis mutandis to divorce. However, a divorce
shall be governed by Japanese law if one of the spouses is a Japanese
national and has his/her habitual residence in Japan.
Article28 (Determination of Parentage of Child Born in Wedlock)
(1) A child shall be born in wedlock if he/she is considered as such under the
national law of one of the spouses at the time of the child's birth.
(2) If the husband dies before the child's birth, the national law of the
husband at the time of his death shall be deemed his national law in
reference to the preceding paragraph.
Article29 (Determination of Parentage of Child Born Out of Wedlock)
(1) The parentage of a child born out of wedlock with regard to his/her father
shall be governed by the national law of the father at the time of the
child's birth, and with regard to his/her mother, by the national law of the
mother at that time. Concerning the establishment of parentage by
acknowledgment, if the national law of the child at the time of
acknowledgment requires the approval or consent of the child or a third
party as a condition of acknowledgment, this requirement shall also be
satisfied.
(2) With regard to establishment of parentage of a child born out of wedlock
by acknowledgment, it shall be recognized if it is provided for under either
the national law of the acknowledging person or of the child both at the
time of the acknowledgment, irrespective of the result of application of the
governing law pursuant to the first sentence of the preceding paragraph.
In the case where the national law of the acknowledging person shall
apply, the second sentence of the preceding paragraph shall apply mutatis
mutandis.
(3) If the father dies before the child's birth, the national law of the father at
the time of his death shall be deemed the national law of the father as
referred to in paragraph 1. If any of the persons referred to in the
preceding paragraph dies before the acknowledgment, the national law of
that person at the time of his/her death shall be deemed his/her national
law in reference to that paragraph.
Article30 (Legitimation)
(1) A child shall acquire the status of a child born in wedlock, if the child is
legitimated according to the national law of the father, the mother or the
child at the time when the requirements for legitimation are completed.
(2) If a person referred to in the preceding paragraph dies before the
requirements for legitimation are completed, his/her national law at the