Legal Services on Japanese Laws

Lawsuits in court

We provide general information about how to litigate in court.

Grounds for demanding monetary payment: contracts or torts

Those who would like to demand monetary payments from someone must have their reasons for demanding money. In some cases, the claim derives from a contract executed between the claimant and the counter party. In other cases, the claim may be based on any incident(s) caused by someone whom the claimant has never met before the incident.

In case of a demand pursuant to a contract, the claimant claims payment from the counterparty based on any provision(s) of the contract and the interpretation of the provision(s) will be main issue(s) of the dispute between the parties. Sometimes the provisions of the contract are not clear enough to decide which party's allegations are correct and reasonable. In such cases, statutory laws can apply to the disputes to solve the disputes; however, sometimes what law should be applied to the dispute becomes an issue, when the parties are located in other jurisdictions having different laws and if the contract and the parties did not specifically determine in advance about the applicable laws.

In case of a demand based on an incident, such as claim for damages against a tort-feasor like a car driver who caused a traffic accident, there is usually neither any agreement nor relationships between the parties before the incident. Therefore, the claim usually can be based on statutory tort law of the jurisdiction where the claimant was suffered the damages.

The real-world address of the counter party is indispensable

Filing a complaint or an answer for a lawsuit

A winning judgment may need to be enforced to collect money

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