Litigation in Japan
Q14: Can we commence the case right after the incident happened?

No. The Civil Code of Japan prescribes when a specific right will expire if any action has not been taken for the right.
For example, normal rights arising from a commercial contract become void when ten years have passed from the date when the holder can legally request performance of the relevant corresponding obligation.

You can avoid the expiry by certain actions such as;

  • a) That the provisional disposition order has been made, or
  • b) The other party acknowledges relevant obligation is born by it.
Please seek legal advice if you would like to postpone the timing of expiration of the obligation for your future legal actions.
A plaintiff must commence before the rights are expired.

Please note that a claim in tort becomes void by this legal expiry in three years. Accordingly, quick action is necessary to seek damage compensation for your business. Please contact us for further information. We provide certain legal information or consultation services for specific cases with new clients for reasonable fees starting from 100,000 yen.



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