日本法律适用通则法英文版word版.docx

1、日本法律适用通则法英文版word版Act on the General Rules of Application of LawsLaw No. 10 of 1898(as newly titled and amended 21 June 2006)CHAPTER 1 GENERAL RULESArticle 1 PurposeThis law shall provide the general rules for the application of laws.CHAPTER 2 GENERAL RULES FOR STATUTESArticle 2 Effective Date of Sta

2、tutesA statute shall come into force from the twentieth day after its promulgation.However,where a different effective date is provided by the statute, that date shall apply.Article 3 Customs with the Same Effect as LawCustoms not contrary to public policy (ordre public) shall have the same effect a

3、s law, to the extent that they are authorized by a statute or a statutory instrument, or that they concern matters not otherwise prescribed by a statute or a statutory instrument.CHAPTER 3 GENERAL RULES ON APPLICABLE LAWSECTION 1 PERSONArticle 4 A Persons Legal Capacity(1) The legal capacity of a pe

4、rson shall be governed by his or her national law.viii(2) Notwithstanding the preceding paragraph, where a person who has performed a juristic act is of full capacity under the law of the place where the act was done (lex loci actus), that person shall be regarded as having full capacity to the exte

5、nt that at the time of the juristic act, all the parties were situated in a place under the same law.(3) The preceding paragraph shall not apply either to a juristic act governed by family law or succession law, or to a juristic act regarding immovables situated in a place where the law differs from

6、 the lex loci actus.Article 5 Initiation of Guardianship or Similar ProceedingsThe court may initiate proceedings for guardianship, curatorship, or assistance (hereinafter referred to as “initiation of guardianship or similar proceedings”) under Japanese law where the person to be subject to the gua

7、rdianship, curatorship, or assistance has a domicile or residence in Japan or is a Japanese national.Article 6 Declaration of Disappearance(1) The court may declare a person to have disappeared under Japanese law where theperson was domiciled in Japan or was a Japanese national at the time when he o

8、r she was last recognized as alive.(2) Even where the preceding paragraph is not applicable, the court may declare a person to have disappeared under Japanese law with regards only to the property that the person had in Japan and only to the persons legal relations governed by Japanese law or otherw

9、ise connected to Japan in light of their nature, the domicile or nationality of the persons concerned, or other circumstances.SECTION 2 JURISTIC ACTSArticle 7 Choice of Applicable Law by the PartiesThe formation and effect of a juristic act shall be governed by the law of the place chosen by the par

10、ties at the time of the act.Article 8 In the Absence of a Choice of Applicable Law by the Parties(1) Where there is no choice under the preceding Article, the formation and effect of a juristic act shall be governed by the law of the place with which the act is most closely connected at the time of

11、the act.(2) For the purpose of the preceding paragraph, where only one party is to effect the characteristic performance of the juristic act, it shall be presumed that the juristic act is most closely connected with the law of his or her habitual residence (i.e., the law of his or her place of busin

12、ess where that place of business is related to the act, or the law of his or her principal place of business where he or she has two or more places of business related to the act and where those laws differ).(3) For the purpose of the first paragraph of this Article, where the subject matter of the

13、juristic act is immovables, notwithstanding the preceding paragraph, it shall be presumed that the act is most closely connected with the law of the place where the immovables are situated.Article 9 Variation of Applicable Law by the PartiesThe parties may vary the law otherwise applicable to the fo

14、rmation and effect of a juristic act. However, such variation shall not be asserted against third parties where it would be prejudicial to their rights.Article 10 Formalities of a Juristic Act(1) The formalities of a juristic act shall be governed by the law applicable to the formation of the act (w

15、here under the preceding Article the law was varied after the juristic act, the law applicable before the variation shall govern).(2) Notwithstanding the preceding paragraph, formalities that satisfy the requirements of the law of the place where the act was done (lex loci actus) shall be effective.

16、(3) For the purpose of the preceding paragraph, where a declaration of intent is addressed to a person situated in a place under a different law, the place from where the notice was sent shall be deemed as the place of the act (locus actus).(4) The second and third paragraphs of this Article shall n

17、ot apply to the formalities of a contract concluded between parties situated in places having different laws. In this case, notwithstanding the first paragraph of this Article, contract formalities that satisfy the requirements of either the law of the place from where the notice of offer was sent o

18、r the law of the place from where the notice of acceptance was sent shall be effective.(5) The second, third, and fourth paragraphs of this Article shall not apply to the formalitiesof a juristic act that establishes or disposes of a right in rem to movables or immovables, or of a right requiring re

19、gistration.Article 11 Special Rules for Consumer Contracts(1) Regarding the formation and effect of a contract (excluding labor contracts; hereinafter referred to in this Article as “consumer contract”) between a consumer (i.e., an individual, excluding those cases where the party acts as a business

20、 or for a business) and a business operator (i.e., a juridical person or other corporate association, or an individual in those cases where the party acts as a business or for a business), even where by choice under Article 7 or variation under Article 9, the applicable law would be a law other than

21、 that of the consumers habitual residence, when the consumer indicates to the business operator his or her intention that a particular mandatory rule from within the law of the consumers habitual residence should apply, this mandatory rule shall also apply to the matters covered by the rule concerni

22、ng the consumer contracts formation and effect.(2) Notwithstanding Article 8, where no choice under Article 7 has been made, the formation and effect of a consumer contract shall be governed by the law of the consumers habitual Residence.(3) In regards to the formation of a consumer contract, even w

23、here a law other than the law of a consumers habitual residence is chosen under Article 7, when the consumer indicates to the business operator his or her intention that a particular mandatory rule from within the law of the consumers habitual residence should apply to the formalities of the consume

24、r contract, only the mandatory rule shall apply to the matters covered by the rule concerning the consumer contracts formalities, irrespective of Article 10, paragraphs 1, 2, and 4.(4) Where the law of a consumers habitual residence is chosen under Article 7 with regards to the formation of a consum

25、er contract, and when the consumer indicates to the business operator his or her intention that the law of the consumers habitual residence should only apply to the formalities of a consumer contract, the formalities of the consumer contract shall be governed only by the law of the consumers habitua

26、l residence, irrespective of Article 10, paragraphs 2 and 4.(5) Notwithstanding Article 10, paragraphs 1, 2, and 4, where there is no choice under Article 7 with regards to the formation of the contract, the formalities of a consumer contract shall be governed by the law of the consumers habitual re

27、sidence.(6) The preceding paragraphs shall not apply in any of the following cases:(i) Where the business operators place of business that is associated with a consumer contract is in a place under a law that is different from the law of the consumers habitual residence, and where the consumer comes

28、 to a place that has the same law as that place of business to conclude the contract. However, excluding cases where the consumer, who is in the place of his or her habitual residence, is invited by the business operator to conclude the consumer contract in the place that has the same law as the pla

29、ce of business;(ii) Where the business operators place of business that is associated with a consumer contract is in a place under a law that is different from the law of the consumers habitual residence, and where the consumer has received or should receive the performance of all obligations under

30、the consumer contract in a place that has the same law as that place of business. However, excluding cases where the consumer, who is in the place of his or her habitual residence, is invited by the business operator to have all obligations performed under the consumer contract in a place that has t

31、he same law as that place of business;(iii) Where at the time of contracting the business operator did not know the consumers habitual residence and there were reasonable grounds for not knowing this; or(iv) Where at the time of contracting the business operator mistook the other party of the contra

32、ct for not being a consumer and there were reasonable grounds for this mistake.Article 12 Special Rules for Labor Contracts(1) Even where by choice under Article 7 or variation under Article 9, the applicable law to the formation and effect of a labor contract is a law other than the law with which the contract is most closely connected, when the employee indicates to the employer his or her intention that a particular mandatory rule from within the law of the place with which the employee is most closely connected should apply, this mandatory rule