LAW OF APPLICATION OF THE LAWS IN GENERAL
- Law of application of the laws in general [名古屋大学法学図書室]
Article 1. The laws are to be observed after full twenty days from the day on which they have been promulgated, unless otherwise provided for by law. 2. The laws have no retroactive force. 3. The civil status and legal capacity of persons are governed by the law of the country to which they belong. The same applies to the relation of consanguinity and the rights and duties arising from it. 4. Movables and immovables are governed by the law of the place where they are situated. With regard to successions and legacies, they are, however, governed by the law of the country to which the ancestors and legators belong. 5. With regard to an agreement made in a foreign country, the law of whichever country is to be applied thereto, is determined in accordance with an express or implied intent of the parties. Where the intent of the parties is not clear, the law of the country to which they belong is applied if they are the peopie of one and the same country; if otherwise, the law of the place which bears in fact the greatest interests in the agreement is applied. 6. Where in Japan a foreigner makes an agreement with a Japanese, such one of the law of the country to which he belongs and that of Japan as is more favourable to its existence is applied in regard to his legal capacity. 7. Undue enrichments, unlawful injuries and legal administrations are governed by the law of the place where their causes have been produced. 8. In every case in which the law of the countiy to which a person belongs is applicable, the person who has no nationality, or the people of a countiy in which law is different in different localities, is governed by the law of their domicile; if it is not known, they are governed by the law of their place of residence. Any person who has both the Japanese and foreign nationalities is governed by the Japanese law, and those who have two or more foreign nationalities, are governed by the law of the country where they have last acquired their nationality. 9. The formalities of authentic documents and documents under private signature are governed by the law of the country where they are made. With regard to documents under private signature which are made by a person or several persons who are the people of one and the same country, they can be made in conformity with the formalities provided for by the law of the country to which they belong. 10. Even formal agreements or acts are valid so far as their formalities are concerned if the formalities of the country where they are made or done are complied with. The case, however, in which the Japanese law has intentionally been disregarded, is excepted. 11. A document made in a foreign country in conformity with the formalities of such country, can only be made operative in Japan upon it being legalized, if such document relates to an act of transferring the real immovable right, by the President of the District Court of the place where the immovable is situated, and if it relates to any other acts, by the President of the District Court of the parties' domicile or place of residence. 12. The formalities of public notifications established in favour of third persons are governed, if they relate to immovables, by the law of the place where they are situated, and in any other cases they are governed by the law of the country where their causes have been produced. 13. The procedures of suits are governed by the law of the country where such suits are conducted. The manner in which decisions and agreements are executed is governed by the law of the country where such execution is made. 14. With regard to the matters of criminal laws or any other public laws and to public policy or good morals, the Japanese law is applicable without regard to the place of acts, parties' nationality, and the nature of property. 15. Agreements or acts which are in contravention of the laws relating to public policy or good morals or are intended to elude their application cannot exist. 16. Agreements or acts which elude the laws providing for the civil status or legal capacity are null and void. 17. The Judges cannot refuse to decide under pretension of the obscurity, insufficiency or deficiency of the laws.