COMPARATIVE STUDY: THE NEW LEGISLATION OF FOREIGN-RELATED CIVIL JURISDICTION IN JAPAN

10 Pages Posted: 31 Dec 2020 Last revised: 27 Jan 2021

See all articles by Yujun Huang

Yujun Huang

University of Washington; Macau University of Science and Technology

Date Written: August 27, 2019

Abstract

The Japanese Civil Procedure Code has been amended several times since its promulgation in 1890, which is currently in effect from June 1996. But the Procedures Code has not made explicit provisions on foreign-related civil jurisdiction. In the previous cases, the Japan Supreme Court ("Supreme Court") established that the practice of establishing jurisdiction over international civil and commercial cases by the application of domestic civil jurisdiction provisions clearly complies with the procedural justice while in the latter case, the Supreme Court established the principle of special circumstances in a foreign-related case. Although the Japanese court has jurisdiction over the analogy or principle of domestic civil jurisdiction rules, the courts should not exercise jurisdiction if there are other special circumstances. This is based on the two precedents of the Supreme Court, through the legal development by Japanese courts, many binding precedents has been formed in the rules of international civil jurisdiction of Japanese courts, and two conditions (or steps) have been established to determine the foreign civil jurisdiction of Japanese courts. First, the Japanese court has jurisdiction over a foreign-related civil case in accordance with Articles 4 - 12 of the Domestic Civil Jurisdiction Rules. Secondly, there is no special case that violates the concept of fairness and procedural justice between the parties.

Suggested Citation

Huang, Yujun, COMPARATIVE STUDY: THE NEW LEGISLATION OF FOREIGN-RELATED CIVIL JURISDICTION IN JAPAN (August 27, 2019). Available at SSRN: https://ssrn.com/abstract=3718856 or http://dx.doi.org/10.2139/ssrn.3718856

Yujun Huang (Contact Author)

University of Washington ( email )

University of Washington School of Law
4293 Memorial Way NE, Seattle, WA 98195
Seattle, WA Washington 98105
United States

HOME PAGE: http://yujunh@uw.edu

Macau University of Science and Technology ( email )

R773,Macau University of Science and Technology
Avenida Wai Long, Taipa, Macau
Macau, Macau
China

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