Archive for April, 2017

Automated Driving and Legal Liability

By Yasutomo Wakiyama

1. Introduction

The fatal crash in May last year that involved a Tesla Motors vehicle equipped with an automated driving function is still fresh in our memory.

Meanwhile, media outlets have reported last December’s announcement by Tokio Marine Holdings & Nichido Fire Insurance Co. that they will offer a special automobile insurance provision to policyholders free of charge from April this year that covers accidents occurring while a vehicle is under automated driving.

In this way, many issues regarding automated driving are being raised, but I would like to discuss the effect that automated driving has on legal liability for traffic accidents. Read the rest of this entry >

Qualified acceptance in practice (1)
– Views on procedure selection –

By Takuya Murao

 

  1. Inheritance methods

There are three inheritance methods in law that a legal heir may utilize, namely unconditional acceptance, qualified acceptance and renunciation of inheritance. Amongst these, unconditional acceptance and renunciation of inheritance are generally used, with it normally being the case that unconditional acceptance is selected when the assets outvalue the liabilities and renunciation is selected when the liabilities outvalue the assets. However, it is sometimes difficult to accurately ascertain the assets and liabilities during the period for deciding whether to renounce an inheritance (in principle 3 months, although an extension is available upon application); for example, when the decedent is a director of a company and it is possible that they are the guarantor for the company’s debts. The process of qualified acceptance is available for this type of situation. Read the rest of this entry >