Archive for March, 2018

10 Major Revisions to the Japanese Civil Code
Part Seven – Interest Rates and Set-off

By Shinya Yoshida and Peter Cassidy

This is the final column in our series on revisions to Japan’s Civil Code. looks at two issues concerning contracts – cancellation and mistake. There has been a major change to the principle regarding cancelling a contract. Also, the Code has been revised to change what happens when a party discovers a mistake in a contract; in other words, they find out that they what they have signed is not what they intended.

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10 Major Revisions to the Japanese Civil Code
Part Six – Work Contracts and Leases

By Shinya Yoshida and Peter Cassidy

This penultimate entry in our series on revisions to Japan’s Civil Code looks at two issues that are important to many businesses. Contracts for the performance of work, including subcontracts for construction, do not always go to plan. This column will look at how the Code has been revised to decide issues regarding payment to a contractor when the work cannot be completed, a defect is discovered in the work, or one of the parties enters bankruptcy.

Also worthy of note is some changes that have been made to the Code on leases. In particular, the maximum length of a lease allowed under law and the parties’ responsibilities for repairs to the leased property.

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Introducing Peter Cassidy as a Registered Foreign Attorney

We would like to announce that Peter Cassidy was registered as a foreign attorney with the Hyogo Bar Association as of 13th February 2018 and is now licensed to practice Western Australian law in Japan, as well as to act in international arbitration cases and coordinate with lawyers in other jurisdictions.

Peter is a native of Perth, Western Australia and holds degrees in law and Japanese. He was admitted to practice by the Supreme Court of Western Australia in 2008 and spent several years working at a small firm in Perth, where part of his practice was serving the expatriate Japanese in various areas of law. He relocated to Japan at the end of 2011 and settled in Kobe, where he previously spent one year as a university exchange student.

After working in a large manufacturing company for five years, where he was involved in document review and checking compliance with international regulatory requirements, Peter joined Higashimachi, LPC in a paralegal role in April 2017. Now that his registration as a foreign attorney has been approved, we are pleased to officially introduce him as the newest member of our firm.

Hyogo Prefecture and Western Australia have maintained a sister state relationship for more than 35 years. We hope that Peter, working in combination with our other lawyers, will be able to help contribute to the continued friendly commercial relationships between Japan and Australia and especially Hyogo Prefecture and Western Australia.

10 Major Revisions to the Japanese Civil Code
Part Five – Cancellation of Contracts and Mistake

By Shinya Yoshida and Peter Cassidy

This part in our series on revisions to Japan’s Civil Code looks at two issues concerning contracts – cancellation and mistake. There has been a major change to the principle regarding cancelling a contract. Also, the Code has been revised to change what happens when a party discovers a mistake in a contract; in other words, they find out that they what they have signed is not what they intended.

Read the rest of this entry >

10 Major Revisions to the Japanese Civil Code
Part Four – Guarantees

By Shinya Yoshida and Peter Cassidy

This part of our series on revisions to Japan’s Civil Code looks at guarantees. The revised Civil Code contains major changes to interpretations and several major revisions to the law concerning sales contracts. The main feature is that under the revised Code, if there is a problem with the type, quality or quantity of the subject matter, the buyer’s options are no longer limited to compensation for damages or cancellation of the contract. Instead, it will be also possible to make a claim for a reduction of the purchase price or “subsequent completion” (i.e. repair or delivery of a replacement), regardless of whether the subject matter is an “identified good” or “unidentified good”.
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