Private International Law
Legislations and Regulations
- Act on General Rules for Application of Laws
(Act No. 78 of 2006, Entry into force on January 1, 2007)
Court Cases of Private International Law
| 1 Tokyo High Court Judgment, 28 May, 2003 Copyright - Substantive Characterization of Contract under the Governing Spanish Law ? Spanish cession - Cession in Trust in Spanish Law - Internal Relationship - External Relationship - Mandate - Civil Code of Spain - Law Applicable to Obligation - Law Applicable to Transfer of Quasi-property Rights - Law Applicable to Copyright - lex loci protectionis (Law of the Country in which Protection is Claimed) - the Berne Convention for the Protection of Literary and Artistic Works - the Paris Convention - Japanese Law of Copyright - Opposability - Registration |
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| 2 Tokyo High Court Judgment, 24 March, 1999 Jurisdiction - Claim for Restitution of Contract Payments against a Japanese National Who Lives in the United States - Applicable Law of Contract - The Place of Performance |
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| 3 Tokyo District Court, Judgment, 1 October 1997 International Adjudicative Jurisdiction － Parties' Choice of Law Inferred from the Circumstances －Governing Law of International Employment Contract － Interpretation of German Law |
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| 4 Osaka District Court, Judgment, 30 September , 1983 Action for Debt－By the Indian Bank, having its Place of Business in Japan, against an Indian Debtor －jurisdiction over Banking Transactions done at the Branches in Japan and in Hong Kong － Effect of Hong Kong Bankruptcy Pronouncement on the Defendant's Qualification as the Proper Party in Japanese Proceeding － Payment in Local Currency for an Debt Expressed in Hong Kong Dollars |
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| 5 Tokyo District Court, Judgment, 27 March, 1970 International Law－Choice of Law－Default of Commercial Contract by Assignee－Jurisdiction |
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| 6 Yokohama District Court, 29 September, 1966 International Jurisdiction－Held, that Japanese courts have jurisdiction to provisionally attach a vessel of a foreign company not having an office in Japan, in order to enforce a claim against such foreign company. |
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| 7 Tokyo District Court Judgment, 27 May, 1965 Private International Law - Jurisdiction over Tort Action - Code of Civil Procedure Article 15, baring jurisdiction on place of tort, held to include place of damage or harm. Private International Law - lex actus delicti - Horei (Law Concerning the Application of Laws), Article 11, held to include place of harm, in turn held to include place of lost profit. |
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| 8 Tokyo District Court Judgment, 26 April, 1965 Private International Law-Labor Contract - Although personal services agreement between American pilot and American air service company stipulated U.S. law, where services were rendered by employee in and employee was dismissed in Japan, as a matter of public policy the contract and the effects of dismissal will be interpreted according to Japanese law. |
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