Legal Q&A
210 answers to common legal questions based on Japanese statutes.
Divorce
21 questionsQ. What are the legal grounds for judicial divorce in Japan?
Even without consent, divorce can be granted by court for reasons like infidelity, violence, or long separation.
Q. How is child custody decided in a Japanese divorce?
Custody is decided based on the child's best interests, considering caregiving history and stability. Mothers receive custody in about 85% of cases.
Q. What is the typical amount of child support in Japan?
Child support is calculated based on both parents' income and the child's age, typically around 40,000-60,000 yen per month.
Q. [Lawyer-Reviewed] Japan Divorce Property Division: 50/50 Rule & 2-Year Deadline
Marital assets are split equally (50/50). Pre-marriage or inherited assets are excluded. Claims must be made within 2 years of divorce.
Q. What is the typical range for divorce alimony in Japan?
You can claim alimony from the spouse at fault. Typical amounts: 1-3 million yen for adultery, 0.5-5 million yen for domestic violence.
Q. What is the process and duration of divorce mediation?
Divorce mediation is filed at family court, takes 3-6 months with monthly sessions, and costs only 1,200 yen.
Q. How can I apply for a protection order against domestic violence?
DV victims can apply for court protection orders banning approach or contact. Prior consultation with police or DV center is required.
Q. What is pension splitting in divorce?
Pension records during marriage can be split upon divorce. Dependent spouses may automatically receive half.
Q. How is child visitation decided after divorce?
Visitation is typically 1-2 times monthly. Courts generally favor it unless there is DV or abuse.
Q. How can I revert to my maiden name after divorce?
You automatically revert to your maiden name after divorce. To keep your married name, file within 3 months.
Q. Can I remarry immediately after divorce?
The 100-day remarriage waiting period for women was abolished in 2024. Both men and women can remarry immediately.
Q. What happens to the mortgage when divorcing?
Divorce does not eliminate mortgage obligations. Options include selling, one spouse assuming the loan, or refinancing.
Q. What procedures are needed for international divorce in Japan?
International divorce requires determining which country's law applies. Visa status may also be affected.
Q. What happens to child custody if divorcing during pregnancy?
If divorcing during pregnancy, the mother automatically becomes the custodial parent at birth. The father must petition the court.
Q. What legal protections exist when dissolving a common-law marriage?
Common-law partners can claim property division and alimony, but have no inheritance rights without a will.
Q. I found dating app history on my husband's phone showing conversations with multiple women. Can I claim compensation even if they didn't meet?
Messages alone may not constitute adultery, but could be grounds for marriage breakdown compensation.
Q. I can't endure my wife's moral harassment (silent treatment, daily insults about my income). Am I at a disadvantage if I initiate divorce as a man?
Initiating divorce as a man is not legally disadvantageous. With evidence of harassment, you can claim compensation.
Q. During divorce negotiations, my husband's pre-marriage cryptocurrency significantly increased in value. Are unrealized gains subject to property division?
If actively traded during marriage, gains may be divisible. Passive holding likely remains separate property.
Q. After divorce, my ex-wife won't let me see our children. If I file for visitation mediation, how often can I expect to see them?
Mediation typically results in 1-2 visits monthly. Refusal can be enforced through penalties or compensation claims.
Q. In an international marriage with my husband living abroad, can I proceed with divorce in Japan? Which country's law applies to custody?
If living in Japan, divorce can proceed here. Custody follows the child's nationality law. Be aware of the Hague Convention.
Q. My separated wife demands ¥200,000/month in marital costs via mediation, but I'm also paying the housing loan. Can I get a reduction?
Part of the housing loan payment can be deducted from marital costs, but full deduction is not allowed.
Inheritance
21 questionsQ. How are legal inheritance shares determined in Japan?
Inheritance shares depend on who survives: spouse and children split 50/50, spouse and parents get 2/3 and 1/3, and so on.
Q. What is the legally reserved portion (iryubun) and how to claim it?
The reserved portion guarantees a minimum inheritance share. Even if a will leaves you nothing, you can claim a monetary payment.
Q. What is the basic deduction for inheritance tax in Japan?
Inheritance tax has a basic deduction of 30 million yen plus 6 million yen per heir. No tax is owed if the estate is below this amount.
Q. How do you renounce an inheritance and what is the deadline?
You can renounce inheritance within 3 months by filing with family court, avoiding both assets and debts entirely.
Q. What types of wills exist in Japan and what are the requirements?
There are mainly two types of wills: handwritten and notarized. Notarized wills are the most reliable and recommended.
Q. How do I write a holographic will and what should I be careful about?
Handwritten wills require the entire text, date, name, and seal by hand. Storing at the Legal Affairs Bureau prevents loss.
Q. What is the spouse's legal share of inheritance?
The spouse's share is 1/2 with children, 2/3 with parents, or 3/4 with siblings.
Q. Can an heir who cared for the deceased receive a larger share?
Heirs who provided long-term care may receive a larger share. Keeping care records is essential.
Q. Must heirs repay the deceased's debts?
Heirs inherit debts too. To avoid them, renounce the inheritance within 3 months.
Q. What are the new mandatory inheritance registration requirements?
Since April 2024, inheritance registration is mandatory within 3 years. Failure results in fines up to 100,000 yen.
Q. Can digital assets like cryptocurrency and social media accounts be inherited?
Cryptocurrency is inheritable, but social media accounts usually cannot be inherited. Record access info in advance.
Q. Is it possible to disinherit a specific heir?
Disinheritance is possible for abuse or serious misconduct with court approval, but the forced share cannot be eliminated.
Q. What should I do if heirs disagree on estate division?
If heirs disagree, file estate division mediation at family court. If mediation fails, the judge decides.
Q. When is the inheritance tax filing deadline?
Inheritance tax must be filed within 10 months. Even if estate division is incomplete, a provisional filing is required.
Q. What is the process when an heir lives overseas?
Overseas heirs must participate in inheritance procedures. Embassy signature certification and a tax agent are required.
Q. After father's death, my brother claims 80% of the estate because he provided long-term care. There is no will.
Without a will, shares are equal. Care contributions are recognized but 80% is excessive; typically 10-30%.
Q. My brother who lived with our mother withdrew ¥20 million from her account before her death. Can I demand return?
Unauthorized withdrawals can be claimed as unjust enrichment. Even gifts count as special benefits in estate division.
Q. Father's will leaves "all assets to his mistress." What is the children's legally reserved share?
Children have reserved shares of 1/2 their statutory share. They can claim monetary payment for the infringed amount.
Q. Three siblings co-own an inherited house but one opposes selling. We're only paying property tax. What can we do?
Filing a partition action can lead to auction sale and distribution according to ownership shares.
Q. A sibling has been out of contact for over 10 years. We're told all heirs must agree for estate division. What if an heir is missing?
Apply for an absentee property administrator at family court to participate in estate division on behalf of the missing heir.
Q. I discovered my late father had massive debts after the 3-month renunciation period. Can I still renounce?
If within 3 months of learning about debts, renunciation may still be possible. Explain circumstances to family court.
Traffic Accidents
18 questionsQ. How is compensation for traffic accident injuries calculated in Japan?
There are three compensation standards; the court/lawyer standard is the highest. Additional compensation applies for permanent disability.
Q. How is fault ratio determined in a traffic accident?
Fault ratios are set by standard guidelines. If you share fault, your compensation is reduced. Dashcam footage is key evidence.
Q. How do you get a disability grade certification after a traffic accident?
Apply after treatment ends. Filing directly as a victim is more favorable than going through the insurer.
Q. What is the statute of limitations for traffic accident claims?
Personal injury claims expire in 5 years, property damage in 3 years from knowing the damage and perpetrator.
Q. The insurance company's settlement offer is low. Can I get more?
Insurance offers are often low. Hiring a lawyer can increase compensation 1.5 to 3 times using court standards.
Q. What compensation can pedestrians receive after being hit by a car?
Pedestrians can claim medical costs, lost income, and compensation. Fault at crosswalks is typically zero.
Q. What liability does a cyclist face when causing an accident?
Bicycle accident liability can be enormous - judgments have exceeded 95 million yen. Insurance is essential.
Q. Can I receive compensation as a hit-and-run victim?
Even if the hit-and-run driver is unknown, you can receive compensation from the government guarantee program.
Q. Can whiplash be recognized as a permanent disability?
Whiplash can qualify for disability compensation. Key factors are 6+ months of treatment and consistent symptoms.
Q. What is lawyer cost special coverage in auto insurance?
Lawyer cost coverage lets you hire a lawyer at no cost. Compensation often doubles or triples, and your insurance grade is unaffected.
Q. What compensation is available for victims of drunk driving accidents?
Drunk driving victims receive higher compensation. The driver is typically held 100% at fault.
Q. What is the fault ratio in rear-end collisions?
Rear-end collisions are basically 100% the rear driver's fault, except when the front vehicle brakes without reason.
Q. What happens if the at-fault driver has no insurance?
Even if the other driver has no optional insurance, compulsory insurance provides basic coverage. Use your own insurance too.
Q. How is lost income calculated for traffic accident victims?
Lost income from accident injuries is compensated. Even homemakers qualify at about 10,000 yen per day.
Q. Should I accept the insurance company's settlement offer?
Settlement is irrevocable once agreed. Never settle before your disability rating is finalized.
Q. I was rear-ended while stopped at a red light, but the insurer says it's not 100:0 fault. I have dashcam footage.
Rear-ending a stopped vehicle is 100:0. Use dashcam footage and lawyer cost coverage to negotiate.
Q. I hit a pedestrian while cycling. They're demanding high medical and consolation costs, but I have no bicycle insurance.
Bicycle accidents can result in tens of millions of yen in liability. Hire a lawyer for settlement and get insured.
Q. I was rated at disability grade 14 for a traffic accident, but my symptoms are more severe. How can I dispute the grade?
File an objection with new medical evidence for grade review. Consult a traffic accident specialist lawyer.
Labor Issues
31 questionsQ. How is overtime pay calculated in Japan?
Overtime beyond 8 hours/day requires at least 25% extra pay. Late night and holiday work have additional premiums.
Q. What constitutes unfair dismissal in Japan?
Dismissal without valid reason is void. Employers must give 30 days' notice or pay. Unfair dismissal can be challenged.
Q. I am experiencing workplace harassment. What legal remedies are available?
Power harassment is legally prohibited. Options include company hotline, labor bureau, or court. Document everything.
Q. My employer is not paying my wages. What can I do?
Unpaid wages are a criminal offense. Report to the labor inspection office or file a labor tribunal. The statute of limitations is 3 years.
Q. Is fixed overtime pay (minashi zangyo) legally valid?
Fixed overtime pay is valid only if the amount and hours are clearly stated, and excess is paid separately. Otherwise, you can claim the difference.
Q. Can I be fired during maternity or parental leave?
Dismissal during maternity/parental leave is prohibited. Childcare leave benefits are 67% of salary for the first 180 days.
Q. Is it legal for my employer to unilaterally cut my salary?
Unilateral pay cuts are generally illegal. They require worker consent or a reasonable justification.
Q. Are post-employment non-compete clauses enforceable?
Non-compete clauses must be limited to 2 years and reasonable in scope. Without compensation, they are unlikely to be enforced.
Q. Am I protected from retaliation if I report corporate misconduct?
Whistleblowers are legally protected from dismissal and retaliation, including former employees and executives.
Q. What compensation does workers' comp provide for workplace injuries?
Workers' comp covers full medical expenses and 80% of wages. You can file directly even if your employer refuses to cooperate.
Q. Are there legal limits on mandatory retirement age?
Retirement cannot be before 60. Employment to 65 is mandatory, and providing work to 70 is an effort obligation.
Q. Can I be dismissed during the probation period?
Probation dismissal still requires reasonable grounds, though a wider range is accepted than after full employment.
Q. What is the legal definition and boundary of power harassment?
Power harassment means abusing authority beyond business needs. Proper business instruction is not harassment.
Q. My dispatch contract was suddenly terminated. What can I do?
Even if dispatch is terminated early, the agency must pay at least 60% of wages and help find new work.
Q. Is it illegal for my employer not to enroll me in social insurance?
Not enrolling employees in social insurance is illegal. Even part-timers meeting certain conditions must be covered.
Q. After delivering web design work, the client refuses to pay ¥500,000 claiming "it doesn't match the image." The only contract is email exchanges.
Email contracts are valid. If specs are met, non-payment is unjustified. Use small claims court or the Freelance Protection Act.
Q. My company discovered my side programming job and is considering disciplinary action. Are side-job prohibition rules legally valid?
Side-job bans are only valid in limited cases. If no work interference, disciplinary action is likely void.
Q. A crowdsourcing project has had major scope additions beyond the original specs but pay remains unchanged. Can I request additional compensation?
You can request additional pay for out-of-scope work. The Freelance Protection Act clarifies client obligations.
Q. I have a freelance contract but my hours, location are fixed and other work is prohibited. Isn't this essentially employment?
Fixed hours/location and exclusivity are typical signs of false freelancing. You're likely legally an employee.
Q. I used my employer's camera and studio without permission for my side business EC shop photos. Is termination justified?
Unauthorized equipment use violates rules, but termination may be disproportionate depending on frequency and scale.
Q. The client is violating the Freelance Protection Act's 60-day payment requirement. Where should I seek help?
Contact the Fair Trade Commission or Freelance Trouble Hotline. Organize your evidence first.
Q. I work 2-3 hours overtime daily but the company insists it's covered by deemed overtime. Can I claim back 3 years of unpaid overtime?
You can claim overtime exceeding deemed hours. The 3-year statute of limitations applies, so act promptly with evidence.
Q. My boss tells me daily "you're useless" and "quit." I developed depression. How much compensation can I get for power harassment?
Compensation for depression from power harassment is typically ¥1-3M. The company is also liable.
Q. During remote work, my boss demands constant camera-on and berates me if I don't reply to chat within 5 minutes. Is this remote harassment?
Excessive monitoring may constitute harassment or privacy violation. Consult internal channels or the Labor Standards Office.
Q. When I submitted my resignation, I was told "you can't quit until handover is complete" and threatened with damages.
You can resign 2 weeks after notice without consent (Art. 627). Threats of damages are generally unenforceable.
Q. While working from home, I fell on the stairs while moving for work purposes and broke a bone. Is this covered by workers' compensation?
If the stair movement was work-related, workers' comp may apply. Documenting the work activity at the time is crucial.
Q. I'm told "no overtime pay because you're a manager" but I have no subordinates and no schedule flexibility. Am I a manager in name only?
Without subordinates or schedule flexibility, you're a nominal manager entitled to overtime back pay for 3 years.
Q. After returning from maternity leave, my position was given to someone else and I was reassigned to warehouse work. Is this maternity harassment?
Disadvantageous reassignment after childcare leave violates the law and constitutes maternity harassment. Consult the Labor Bureau.
Q. I was in a traffic accident during Uber Eats delivery but was told "workers' comp doesn't apply because you're an independent contractor."
Delivery workers can join workers' comp via special enrollment. Without it, use Uber's compensation or other party's insurance.
Q. As a food delivery driver, my app rating dropped and my account was suddenly suspended without explanation.
The Freelance Protection Act requires 30 days' notice and reason disclosure. Unexplained suspension may be illegal.
Q. A screenshot of my Slack DM badmouthing a colleague was spread company-wide and I was disciplined. DMs aren't "public," right?
Criminal defamation is unlikely for DMs, but disciplinary action for rule violations may be valid. Excessive punishment can be challenged.
Debt Relief
15 questionsQ. What happens when you file for personal bankruptcy? What are the downsides?
Bankruptcy eliminates most debts, but you cannot use credit cards or loans for 5-10 years.
Q. What is individual rehabilitation (kojin saisei)?
Individual rehabilitation reduces debts to 1/5-1/10, repaid over 3-5 years. You can keep your home.
Q. What is the statute of limitations on debt? What is invocation of prescription?
Debt expires in 5 years, but you must formally notify the creditor. Any partial payment resets the clock.
Q. What is voluntary debt arrangement and how does it differ from bankruptcy?
Voluntary arrangement cuts future interest and restructures repayment without court, and you keep your assets.
Q. Can my wages be garnished for unpaid debts?
With a court judgment, up to 1/4 of your salary can be garnished. For child support, up to 1/2 can be taken.
Q. I can't repay my credit card debt. What should I do?
Three options: voluntary arrangement, rehabilitation, or bankruptcy. Never borrow to repay debts.
Q. I became a joint guarantor. Do I have to pay?
Joint guarantors bear the same payment obligation as the borrower and cannot demand the creditor pursue the borrower first.
Q. What is overpayment and can I request a refund?
Interest paid above legal limits can be refunded. Claims must be made within 10 years of the last transaction.
Q. Debt collectors are harassing me. What can I do?
Collection calls between 9PM-8AM and workplace contact are illegal. Hiring a lawyer stops direct contact.
Q. Will debt restructuring put me on a credit blacklist?
Debt restructuring puts you on a credit blacklist for 5-10 years, but records are cleared after that period.
Q. Am I responsible for my spouse's debts?
You generally have no obligation for your spouse's debts, except for daily household expenses which are joint liability.
Q. Is there a simple way to collect small debts?
Claims up to 600,000 yen can be resolved in one hearing via small claims court. No lawyer needed, with lower fees.
Q. Can I file for bankruptcy over gambling debts?
Gambling debts can still be discharged through bankruptcy if you show genuine remorse and effort to rebuild your life.
Q. Must I pay a debt for which the statute of limitations has expired?
If the statute of limitations has passed, formally notify the creditor. Any partial payment resets the clock.
Q. How should a sole proprietor handle debts from business failure?
Personal rehabilitation suits those who want to continue business. Even in bankruptcy, you can keep up to 990,000 yen of business tools.
Criminal Defense
15 questionsQ. How long can you be detained after arrest in Japan?
After arrest, you can be detained for up to 23 days. You have the right to meet with a lawyer.
Q. What is a suspended sentence in Japan?
A suspended sentence lets you avoid prison. If you stay clean for the set period, the sentence lapses. Reoffending revokes it.
Q. What should I do if falsely arrested for groping on a train?
If falsely accused, immediately call a lawyer, exercise your right to silence, and never sign unfavorable statements.
Q. Does a criminal record last forever in Japan?
Criminal records don't fully disappear, but after 5-10 years without reoffending, legal disabilities are removed.
Q. What are the conditions for bail and how much does it cost?
Bail is available after indictment. Bail money is typically 1.5-3 million yen and is returned after the trial.
Q. What penalties exist for drunk driving in Japan?
Drunk driving carries up to 5 years imprisonment or a 1 million yen fine. Causing injury/death can mean up to 20 years.
Q. Will shoplifting result in a criminal record?
Shoplifting is theft. First-time minor cases often result in non-prosecution, but habitual offenders face serious penalties.
Q. What criminal charges apply to domestic violence?
DV can constitute multiple crimes including assault and injury. Call the DV hotline: 0120-279-889 (24 hours).
Q. What are the penalties for cannabis possession in Japan?
Cannabis possession carries up to 5 years imprisonment. First offenders often get suspended sentences, but career impact is significant.
Q. Under what conditions is self-defense legally recognized?
Acts done unavoidably to defend against an imminent unlawful attack are not punished as self-defense.
Q. What procedures apply when a minor commits a crime?
Juvenile cases (under 20) go to family court. Serious crimes may be transferred to regular criminal prosecution.
Q. Can crime victims participate in criminal trials?
Crime victims can participate in trials, question defendants, and state opinions. Financial support funds are also available.
Q. Will my employer find out about my arrest? Can I be fired?
Police typically don't notify employers. Arrest alone doesn't justify dismissal and may be challenged.
Q. Can the perpetrator of online fraud be caught?
For online fraud, preserve evidence, file a police report, and request a bank account freeze. Report even small amounts.
Q. Can a criminal record ever be erased?
Criminal records lose legal effect after 5-10 years without reoffending, and need not be disclosed on resumes.
Corporate Law
24 questionsQ. How much does it cost to establish a company in Japan?
A stock company costs about 200-250K yen, an LLC about 100K yen. Capital can be as low as 1 yen.
Q. Can directors be personally liable for damages?
Directors can be personally liable for damages caused by negligence, and can be sued by shareholders or third parties.
Q. Is a shareholders' agreement legally binding in Japan?
Shareholders' agreements are binding between parties but do not bind third parties or the company itself.
Q. How enforceable are non-compete clauses after leaving a company?
Non-compete clauses are valid only if reasonable in duration, scope, and compensation. Overly broad ones are void.
Q. Can you terminate a business contract before it expires?
Contracts can be terminated by mutual agreement, contractual clause, or for breach. Damages may apply.
Q. How much does trademark registration cost and how long does it take?
Trademark registration costs about 12,000 yen to file plus 32,900 yen to register, taking 6-12 months. Renewable every 10 years.
Q. What rules must companies follow under Japan's personal data protection law?
Companies must specify data use, ensure security, and report breaches. Violations can result in fines up to 100 million yen.
Q. What harassment prevention measures are mandatory for companies?
All companies must have harassment prevention measures, including a consultation desk, for power, sexual, and maternity harassment.
Q. A client went bankrupt. Can I recover accounts receivable?
Recovery options include security, set-off, and bankruptcy claims. Recovery rate is typically only 5-10%.
Q. How should a company protect its intellectual property?
IP can be protected through patents, trademarks, copyrights, and trade secrets. Proper management is essential.
Q. What legal points should I watch for in franchise agreements?
Watch for inflated sales projections and early termination penalties in franchise agreements. Get legal review before signing.
Q. What are the roles and responsibilities of the board of directors?
The board makes key decisions and supervises directors. Directors owe duties of care and loyalty.
Q. What is a labor compliance audit?
Labor compliance audits check work rules, overtime, wages, and social insurance. Essential for IPO preparation and M&A.
Q. What does legal due diligence cover in M&A?
Legal due diligence examines corporate structure, contracts, litigation, IP, labor, and permits. Findings affect the purchase price.
Q. What tax benefits are available for small businesses in Japan?
SMEs enjoy a reduced tax rate of 15% on income up to 8 million yen, plus investment and depreciation benefits.
Q. Our AI chatbot gave incorrect legal advice to a customer who suffered losses. Is our company legally liable?
The company bears liability as AI is a "tool." Mitigate with disclaimers and professional consultation notices.
Q. A competitor has copied our website content almost identically. Can we sue for copyright infringement?
If your web content has creativity, you can sue for copyright infringement. Preserve evidence first.
Q. As a freelance illustrator, AI is generating and selling works imitating my art style. Can I legally stop this?
Art style itself isn't copyrightable, but substantially similar outputs to specific works may constitute infringement.
Q. An employee input confidential company information into ChatGPT for work. How should the company handle this as a data leak?
Trade secret protection may be compromised. Investigate, discipline, and establish AI usage policies promptly.
Q. Our AI-generated logo was rejected for trademark registration. Can AI-generated works not be trademarked?
AI generation itself isn't grounds for rejection. The issue is likely insufficient distinctiveness or similarity to prior marks.
Q. Our AI development outsourcing contract doesn't specify ownership of training data. How can we prevent disputes?
Explicitly define ownership of training data, models, and outputs in the contract. Refer to METI's AI/Data guidelines.
Q. We commissioned a ¥5M web system but the deliverable is full of bugs and unusable. Can we pursue contract non-conformity liability?
If bugs violate specs, pursue repair, reduction, termination, or damages under contract non-conformity. Clear specs are key.
Q. The client keeps changing specs mid-development, far exceeding the original estimate. Can we charge additional fees?
Document each spec change with agreed additional costs. With records, additional fee claims are justified.
Q. After canceling a SaaS subscription, billing continued. The terms apparently state "3 months charged after cancellation."
Clauses charging for unused periods may be void under consumer protection law. Request a refund.
Real Estate
19 questionsQ. Can I claim against the seller if a purchased home has defects?
You can claim repair, price reduction, or damages for defects. Notify the seller within 1 year of discovery.
Q. My landlord refused to renew my lease. Do I have to move out?
Landlords need "just cause" to refuse renewal. Without it, the lease auto-renews and you can stay.
Q. Can I get my security deposit back when moving out?
Security deposits must be returned. Only tenant-caused damage is deducted; normal wear and tear is the landlord's responsibility.
Q. I have a boundary dispute with my neighbor. How can I resolve it?
Boundary disputes can be resolved through the Legal Affairs Bureau, court, or mediation at relatively low cost.
Q. Can I sublease my rented property?
Subleasing without the landlord's consent is prohibited and can lead to contract termination.
Q. Can I claim damages for renovation work disputes?
For renovation defects, you can demand repair, price reduction, or damages. Free consultation: 0570-016-100.
Q. Can I take legal action against a noisy neighbor?
Noise exceeding tolerance limits allows damage claims and injunctions. Record noise levels as evidence.
Q. Can I challenge a condominium management association resolution?
Flawed resolutions can be challenged in court. Rule changes require a 3/4 majority vote.
Q. What legal risks come from leaving a house vacant?
Neglected vacant houses can face up to 6x property tax and forced demolition. Owners are liable for any damage caused.
Q. How do I register inherited real estate?
Inheritance registration is mandatory. Gather family registers and apply at the Legal Affairs Bureau. Tax is 0.4% of property value.
Q. Can I hold the seller liable for building code violations?
If a purchased building violates building codes, you can claim repair, price reduction, or damages from the seller.
Q. Can I challenge a property tax assessment that seems too high?
You can challenge property tax assessments within 3 months of notice. Compare with similar nearby properties.
Q. Can I acquire ownership of land I've used for many years?
Continuous use of land for 10 years (good faith) or 20 years with ownership intent can grant ownership rights.
Q. What right of way exists for landlocked properties?
Landlocked property owners have a legal right of way through neighboring land, with compensation required.
Q. Can I cut tree branches or roots encroaching from a neighbor's property?
Since 2023, you can cut encroaching branches yourself under certain conditions. Roots can always be cut.
Q. After moving out of a rental after 8 years, I was charged ¥300,000 for full wallpaper replacement. Isn't wear and tear considered?
After 8 years, wallpaper has zero residual value. Normal wear is the landlord's cost. You can reject the ¥300K charge.
Q. My neighbor plays loud music late at night and the management company hasn't resolved it. What legal options do I have?
Noise exceeding tolerance limits is tortious. You can claim damages and injunction. Document the noise as evidence.
Q. I discovered my rental was a stigmatized property (accident property) that wasn't disclosed at move-in. Can I cancel for breach of disclosure duty?
Disclosure violations allow contract cancellation and damages. Guidelines require about 3 years of disclosure for rentals.
Q. The landlord suddenly asked me to vacate in 6 months for rebuilding. Can I request eviction compensation?
Without sufficient grounds, you need not vacate. You can negotiate eviction compensation of roughly 6-12 months' rent.
Consumer Issues
22 questionsQ. What are the cooling-off periods and eligible transactions?
Door-to-door and telemarketing have 8-day cooling-off; MLM has 20 days. Online shopping is excluded.
Q. Can unfair terms in consumer contracts be voided?
Unfair contract terms against consumers are void, including excessive penalties and clauses blocking cancellation.
Q. I was injured by a defective product. Can I sue the manufacturer?
If a defective product causes injury, you can claim damages without proving the manufacturer's negligence.
Q. Can I cancel an online purchase in Japan?
Online shopping has no cooling-off, but returns are possible within 8 days if no return policy is stated.
Q. I cannot cancel my subscription service. What can I do?
If cancellation terms were unclear, you can void the contract. Contact the consumer hotline at 188 for help.
Q. I was scammed into investing by someone I met on a dating app.
For romance scams, preserve evidence, file a police report, and freeze bank accounts. Crypto recovery is extremely difficult.
Q. I lost money on an investment promised as "guaranteed profit." Can I get a refund?
Contracts based on "guaranteed profit" claims can be cancelled and refunds demanded.
Q. I can't cancel a subscription service. What can I do?
You can cancel subscriptions if the terms were unclear on the confirmation screen. Contact the consumer hotline at 188.
Q. A product broke within warranty. Can I demand repair or replacement?
Within warranty, you get free repair or replacement. Even without warranty, you can claim repair or replacement from the seller.
Q. I noticed unauthorized charges on my credit card. What should I do?
Contact your card company immediately to freeze the card. Most cover unauthorized charges up to 60 days before your report.
Q. I've been approached about multilevel marketing. What should I watch for?
MLM has a 20-day cooling-off period. "Easy money" claims constitute illegal solicitation.
Q. I signed up through telemarketing. Can I cancel?
Telemarketing contracts can be cancelled within 8 days. No written contract means unlimited cancellation rights.
Q. I bought a product based on fake reviews. Do I have any recourse?
Fake reviews are illegal since 2023. Victims can cancel contracts or claim damages.
Q. Can I return an online purchase that doesn't match expectations?
Returns for unmet expectations are limited, but if no return policy is stated, you can return within 8 days.
Q. Are there ways to resolve consumer disputes without going to court?
Disputes can be resolved without court through consumer centers, small claims, or mediation. Start by calling 188.
Q. I paid ¥500,000 for a side-job seminar advertised on SNS as "earn ¥500K/month in 5 minutes/day" but got useless info products. Can I get a refund?
Cancellation and refund are possible under misrepresentation rules. Consult the Consumer Affairs Agency (#188) first.
Q. Someone I met on a dating app convinced me to invest ¥2M on a specified site, but I can't withdraw the funds.
This is a romance scam. File a police report immediately and request bank account freezing.
Q. I unknowingly applied for a "package receiving job" on SNS that turned out to be a dark part-time job (yami baito). Could I be arrested?
Arrest is likely. Consult a criminal lawyer immediately and consider voluntary surrender for potential leniency.
Q. A brand item I bought online was fake and the seller is unreachable. Can I request a refund from the credit card company?
Request refund via chargeback or defense connection with the card company. Also file a police report.
Q. A "free trial" supplement subscription automatically converted to regular purchases, and I can't reach them to cancel.
If disclosures were inadequate, cancel under the amended Commercial Transactions Act. Send written cancellation and consult Consumer Affairs.
Q. My child secretly spent ¥300,000 on mobile game purchases. Can I cancel these as a minor's contract?
Voidable as a minor's contract. Send cancellation notice to the game company and use Apple/Google refund systems.
Q. A Mercari purchase never arrived and the seller is unresponsive. Mercari says it's not covered by their guarantee.
Even without Mercari coverage, you can file a police report or small claims suit. Preserve transaction evidence.
Internet Issues
24 questionsQ. What is the typical compensation for online defamation in Japan?
Compensation for online defamation typically ranges from 300K-1M yen for individuals and 500K-3M yen for businesses.
Q. How can I identify an anonymous online poster?
You can identify anonymous posters through a court disclosure order. Act quickly as logs are only kept 3-6 months.
Q. Can I have old articles about me removed from search results?
Removing search results is difficult but possible if privacy interests clearly outweigh public interest. Start with Google's removal request form.
Q. What can I do if my photos or illustrations are used without permission on SNS?
Photos and illustrations are automatically protected by copyright. Use platform reporting or claim damages for unauthorized use.
Q. I am a victim of revenge porn. What legal remedies are available?
Revenge porn is a crime. Preserve evidence, report to police, request takedown, and claim damages.
Q. My child is being cyberbullied. What legal actions can be taken?
Cyberbullying can be addressed through takedown requests, identifying posters, damages, or criminal charges. Schools must also act.
Q. Deepfake videos using my face are circulating. What can I do?
Deepfakes violate portrait rights and defamation laws. Report to the platform and consult a lawyer immediately.
Q. I was scammed in a cryptocurrency fraud. Can I recover my funds?
Crypto fraud recovery is extremely difficult. Preserve evidence, file a police report, and request address freezes at exchanges.
Q. My social media account was hacked. What legal actions can I take?
Account hacking is a crime. Immediately change passwords, enable two-factor authentication, and file a police report.
Q. My personal data was leaked. Can I claim damages from the company?
You can claim damages from companies that leak your data. Typical compensation is 3,000-15,000 yen per person.
Q. Can I get a restraining order against an online stalker?
Online stalking is regulated under the Stalker Act. Prohibition orders can be issued for SNS messages and GPS tracking.
Q. I fell for a phishing scam. Can I recover my money?
If you fall for phishing, immediately contact your bank and card company. You are typically compensated unless grossly negligent.
Q. Do AI-generated contents have copyright protection?
Purely AI-generated content likely has no copyright, but human creative input may make it copyrightable.
Q. My online game account/items were stolen. What legal options exist?
Game account or item theft can be a crime. Report to the game operator and file a police report.
Q. What legal requirements exist for starting an online shop?
Online shops must display business info, file a business registration, and obtain permits for specific product types.
Q. A former employee left a 1-star Google Maps review calling our company a "black company" with a boss who habitually power-harasses. Can we request deletion and identify the poster?
You can seek a court injunction for deletion and identify the poster through disclosure requests to claim damages.
Q. False rumors of my infidelity are being spread on X (formerly Twitter) with my real name. Can I identify the anonymous poster through disclosure requests?
The amended Provider Liability Act enables faster identification. Consult a lawyer promptly as access logs have limited retention periods.
Q. A job review site has a post claiming "Mr./Ms. XX in that department is known for sexual harassment." This is completely false. What should I do?
Request site deletion, seek a court injunction, identify the poster, and claim damages for defamation.
Q. False YouTube comments claiming our restaurant covered up food poisoning have caused mass cancellations. Can we claim damages?
You can claim damages for credit defamation and business obstruction. Secure sales decline evidence and identify the poster.
Q. I am being threatened via Instagram DM that my photos will be AI-edited and uploaded to adult sites. What crimes does this constitute?
This constitutes intimidation, and if carried out, violates revenge porn and sexual image laws. Report to police immediately.
Q. A TikTok "exposure video" using my face without permission has tens of thousands of views. How can I get it removed?
Report to TikTok and seek a court injunction for removal. You can identify the poster and claim damages.
Q. My ex-partner is uploading photos taken during our relationship to SNS without permission. Can I request deletion and compensation?
Deletion and compensation are possible for portrait/privacy violations. Sexual images trigger criminal penalties under revenge porn law.
Q. Our customer database was hacked and 10,000 personal records were leaked. How should we handle notifications and reporting?
Reporting to the Commission (within 3-5 days) and notifying individuals are legally mandatory. Also file a police report.
Q. A departing employee copied our customer list to a personal USB drive. What legal actions can we take?
If it qualifies as a trade secret, injunctions, damages, and criminal penalties are available. Preserve access logs first.
Consult a Legal Professional
Find a lawyer through your local bar association
JFBA Legal Consultation Guide