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It should be noted that Ku, or Wards, the administrative units within municipalities, generally do not have legislative authority.
However, within Tokyo, the Capital, Wards are viewed as the equivalent of municipalities. In this instance, the Wards are vested
with law-making ability and Ward-made law generally receives the same treatment as that made by municipalities.
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2 CODE OF CIVIL PROCEDURE, art.108 provides: "Service in a foreign country shall be made by the judge entrusting the service to
that country's authority in charge, Japanese ambassador, minister or council."
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3 The Hague Convention on Service of Process, article 10(a), to which Japan has not made reservation, provides: "[The Convention
does not interfere with] the freedom to send judicial documents, by postal channels, directly to persons abroad". There are two
contradictory views as to the correct interpretation of the word "send". One is that it does not refer to service of process, therefore,
service by mail is not permitted under the Convention. The other is that the word does refer inclusively to service of process.
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4 Judgment of November 11, 1988 (Tokyo District Court); Judgment of March 26, 1990 (Tokyo District Court).
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5 CODE OF CIVIL PROCEDURE, art. 118 provides: "A foreign judgment which has become final and conclusive shall be valid only upon
the fulfillment of the following conditions: (1) That the jurisdiction of the foreign court is not prohibited by law or treaty; (2) That
the defendant subject to the adverse judgment has received service of summons, any other orders necessary to commence process,
public notice excluded, or has appeared in the action of his own accord without receiving service; (3) That the judgment of the
foreign court or its formation process is not contrary to the public order or good morals of Japan; (4) Comity exists in the issuing
country."
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6 Minji shikkou hou (Law of Civil Enforcement), art 24.
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7 Judgment of July 11, 1997 (Supreme Court).
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8 Judgment of November 15, 1993 (Tokyo High Court).
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9 Judgment of October 26, 1981 (Supreme Court).
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10 Saibansho hou (Court Organization Law), art. 31.
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11 CODE OF CIVIL PROCEDURE, art. 4, sec.1 provides: "A suit shall be subject to the jurisdiction of the court situated in the place of
the general forum of a defendant." CODE OF CIVIL PROCEDURE art. 4, secs. 2 and 4 provide: "The general forum of a natural person
shall be determined by his domicile, his residence if his domicile is not in Japan or it is unknown, or by his last domicile if his
residence is not in Japan or it is unknown." and "The general forum of a legal person shall be determined by its principal office or
place of business, or, in case it has no office or place of business, by the domicile of its representative or the person in charge of its
affairs in Japan.
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12 CODE OF CIVIL PROCEDURE arts. 5-13 refer, for instance, to place of contract performance and place of commission of tort.
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13 Judgment of November 28, 1975 (Supreme Court).
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14 Id.
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15 CODE OF CIVIL PROCEDURE, art. 11 provides: "1. The parties may decide the jurisdictional court of first impression by agreement.
2. The agreement referred to in the preceding paragraph shall not be valid unless it is made in writing and is made in respect to a
claim based on a specific legal relationship."
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16 Hourei (Law Concerning the Application of Laws in General), art. 7 provides: "As regards the formation and effect of a juristic
act, the question of the law of which country is to govern shall be determined by the intention of the parties."
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17 Law Concerning the Application of Laws in General, art. 33 provides: "If the law of a foreign country is to govern, and the
application of certain provisions of such law is contrary to public order or good morals, those provisions shall not apply."
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18 See also Judgment of July 20, 1984 (Supreme Court), where the court declined to apply Korean law to the property division in
a divorce case because it did not provide for the division of earnings made during the marriage.
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19 Japanese Constitution of 1947, art. 98, sec. 2.
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20 K. SATOU, KENPOU 1 (The Constitution 1) 48 (1986).
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21 These are called, respectively: To (one) - Tokyo, sui generis, the Capital; Dou (one) - Hokkaido, an historic administrative
division which is now the equivalent of a Prefecture; Fu (Two) - Prefecture-like entities which encompass the Osaka and Kyoto
metropolitan areas. Originally, Tokyo was also designated a Fu. The Fu were, at the time of their creation during the Meiji Era
land reforms, intended to represent the major urban centers of the nation. They are, in most important respects, the equivalent of
Prefectures; Ken (forty-three) - Prefectures, the basic regional units of local government in Japan; Shi (many) - Cities,
recognized based upon population and centralization requirements. Individual Prefectures may impose further limitations; Chou
(many) - Towns, recognized based upon Prefectural requirements; Son (many) -Villages, all other land outside Cities and
Towns.
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22 The Japanese Constitution of 1947, art. 94. The question primarily arises when Prefectural or Municipal law imposes more strict
regulation on the same act or activity than does national law.
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23 CODE OF CIVIL PROCEDURE, art. 6
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24 ISONO, BUSINESS AND JAPANESE JUDICIAL PRACTICE, 51 (1994).
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25 COMMERCIAL CODE, art. 522.
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26 CIVIL CODE, art. 724.
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27 CODE OF CIVIL PROCEDURE, arts. 158 and 159.
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28 CODE OF CIVIL PROCEDURE, arts. 164-178.
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29 CODE OF CIVIL PROCEDURE, art. 205.
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30 CODE OF CIVIL PROCEDURE, art. 89 provides: At whatever stage the suit may be, the court may endeavor to effect a compromise
or may have the commissioned or requisitioned judge endeavor to effect a compromise.
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31 CODE OF CIVIL PROCEDURE, art. 265.
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32 CODE OF CIVIL PROCEDURE, art. 30 provides: A large number of parties having a joint interest and not coming under the
provisions of the preceding Article [regarding non-juridical associations or foundations with representatives] may appoint from
among them one or more persons who is or are to act as plaintiff or defendant for all parties. 2. When, subsequent to the pendency
of the action, a person or persons acting as a plaintiff or defendant have been appointed in accordance with the provisions of the
preceding paragraph, the other parties shall withdraw from the litigation as a matter of course. ... 4. Persons who have appointed
a person who is to act as a plaintiff or defendant in accordance with the provisions of paragraph 1 ... (hereinafter referred to as
"appointers"), may cancel such appointment or change the parties who are appointed (hereinafter referred to as the "appointed
parties"). 5. If any of the appointed parties becomes unqualified because of death or some other reason, different appointed parties
may prosecute the action for all the other parties.
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33 CODE OF CIVIL PROCEDURE, art. 144.
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34 CODE OF CIVIL PROCEDURE, arts. 268 and 269.
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35 Saikou Saibansho Jimu Soukyoku (Supreme Court General Secretariat), Shihou toukei nempou (Annual Report of Judicial
Statistics), Vol. 1 (Civil Cases), 114 (1998).
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36 Id., at 146 and 170.
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37 CODE OF CIVIL PROCEDURE, art 285.
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38 Supreme Court General Secretariat, supra, at 114.
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39 CODE OF CIVIL PROCEDURE, art. 312.
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40 CODE OF CIVIL PROCEDURE, art. 318.
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41 Supreme Court General Secretariat, supra, at 170.
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42 Minji soshou kisoku (Rules of Civil Procedure), art. 53 provides: In addition to entering the subject of a claim and its bases (the
facts necessary to state the claim), facts which may become the basis for a claim shall be entered in a concrete manner in a complaint
and important items relating to said facts and evidence shall also be entered for each claim to be proven. 2. Assertions based on facts
in the complaint shall be entered by distinguishing to the best of one's ability assertions based on facts for a claim and assertions
based on items relating to said facts. Rules of Civil Procedure, art. 55 provides: The following relevant items shall be attached to
the complaint for each of the following types of cases: (1) case concerning immovables: a transcription of their registration, (2)
cases concerning personal affairs: a transcription of the household registration, (3) cases concerning bills or checks: a copy of the
bills or checks. 2. In addition to the provisions in the preceding paragraph, a copy of important documents which are to become
evidence in testimony (hereinafter referred to as a "copy of documentary evidence") shall be attached to the complaint.
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43 CODE OF CIVIL PROCEDURE, art. 234. This type of request is often used in medical malpractice cases.
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44 Rules of Civil Procedure, art. 153.
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45 CODE OF CIVIL PROCEDURE, art. 163.
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46 CODE OF CIVIL PROCEDURE, arts. 196 and 197.
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47 CODE OF CIVIL PROCEDURE, art. 247 authorizes the court, when rendering a judgment, to take into consideration all information
which appears before it.
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48 CODE OF CIVIL PROCEDURE, art. 220.
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49 CODE OF CIVIL PROCEDURE, art. 221.
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50 CODE OF CIVIL PROCEDURE, art. 222.
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51 CODE OF CIVIL PROCEDURE, art. 223.
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52 Id.
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53 CODE OF CIVIL PROCEDURE, art. 224.
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54 CODE OF CIVIL PROCEDURE, art. 225.
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55 CODE OF CIVIL PROCEDURE, arts. 191, 196, and 197.