COMPETENCE OF COURTS IN JAPAN, PART 1

According to Japanise law, civil suits in Japan shall be governed by the provisions of Code of Civil Procedure of Japan. ART.1 in addition to the provisions of others laws and regulations.

 

To determine the competence of the court, firstly we apply the "General Venue", established at the location of the defendant. ART.4.2 The location is determined by

• his/her domicile or
• his/her residence if he/she has no domicile in Japan or his/her domicile is unknown,
• or by his/her last domicile if he/she has no residence in Japan or his/her residence is unknown.

Respect of juridical person or any other association ART. 4.4, the "General Venue" shall be determined by:

• its principal office or
• businees office or
• by the domicile of its representative or any other principal person in charge of its business if it has no business office or other office.

When we talk about foreign association or fundation shall be determined ART 4.5, notwithstanding the provision on ART 4.4 by:

• its principal office or
• business office in Japan or
• by the domicile of its representative or any other principal person in charge of its business assigned in Japan if it has no business or other office in Japan.

"General Venue" is replaced when the action is on property right by different criteria.ART 5

• An action on a property right: the place of performance of the obligation.
• An action relating to a tort: the place where the tort was committed.
• An action relating to real property: the location of the real property.
• An action relating to a registration: the place where the resgistration should be made.
• An action to claim payment of money for a bill or note or a check: the place of payment of the bill or note or the check.
• Disputed object located in Japan but a person has no domicile in Japan or whose domicile is  unkonwn: the location fo the subject matter of the claim or security thereof or any seizable property of the defendant.