e-filing in Japan

Japanese Government try  to introduc e-filing in judicial procedure systems.

Cabinet Secretariat held the Research committee of Judicial Procedures.

We can read the reference documents produced to the committee.

I was surprised to see the references produced by Supreme Court.

Only four page slides were produced.And the contents were so poor that we are in despair.

At page four

 Tele conference sysytem.

Television conference system(Closed networjk for security concern)

Page five

Provosional Payment system

More than Ninety cases

Present civil procedure.

Page Seven

Future of IT civil procedure.

 Important subject

 How utulize the IT to realize the accelerated /efficient civil procedure.

Challenges to overcome

How to consider people who cannot use IT.

           How to secure information security.

Detailed challenges

That’s all!! Probably Japanese Supreme Court may be kidding.

They do not know  Japanese Court is not so high evaluated. I think they believe   Japanese Court  system is the best legal system in the world.

“A frog in the well knows not the sea”. It is a ridiculous to make a investment to such a country which lack the sense of internationality.

 

 

 

 

 

 

 

no brothers and/or sisters

(N) No there are no brothers and/or sisters

In this case, it means that there is no heir.

In the absence of an heir, an inherited property manager will be appointed and sometimes deal with its property relationship.

 

No spouse No children No ascendant Yes Brothers/sisters (Different parent)

(N) No. Share the only one parent.

As mentioned in the previous entry,

Civil Code 900 Article 4 set out

iv) if there are two or more children, lineal ascendants, or siblings, the share in the inheritance of each shall be divide : divided equally; provided that the share in inheritance of an child out of wedlock shall be one half of the share in inheritance of a child in wedlock, and the share in inheritance of a sibling who shares only one parent the share in inheritance of a sibling who shares both parentswith the decedent shall be one half of the share in inheritance of a sibling who shares both parents.

 A “sibling who shares only one parent with the decedent shall be one half of the share”.

For statutory inheritance, in this case, brothers and sisters who share only one parent will be half of brothers and sisters who share the same.

No spouse No children No ascendant Yes btothers/Sisters (same parent )

(Y) Yes. Brothers and sisters share the same their parents.

According to the Civil Code Article900 . In paragraph 4,

iv) if there are two or more children, lineal ascendants, or siblings, the share in theinheritance of each shall be divided equally; provided that the share in inheritance of an child out of wedlock shall be one half of the share in inheritance of a child in wedlock, and the share in inheritance of a sibling who shares only one parent with the decedent shall be one half of the share in inheritance of a sibling who shares both parents.

In this case, it means that brothers and sisters who share the same parents (sometimes siblings of whole blood), so the inheritance becomes even.

In addition, if brothers and sisters are dead, their children will be inherited

No spouse No children Yes linear ascendant

Y) Yes. When there is linear ascendant

Heirs are linear ascendant only.

As for the article, Article 889 of the Civil Code set out ((Right of Inheritance of Lineal Ascendant and Sibling)

Article 889 

(1) In the the case where there is no person to become an heir pursuant to the provisions of Article 887, the following persons shall become heirs in accordance with the following order of rank:

(i) lineal ascendants of the decedent; provided that between persons of differing degree of kinship, the person who is of closer relationship shall have higher priority of inheritance;

(ii) siblings of the decedent.

(2) The provisions of paragraph (2) of Article 887 shall apply mutatis mutandis to the case referred to in item (ii) of the preceding paragraph.

The statutory inheritance is shared equally by linear ascendant.

No spouse No Children

(N) No. They have no children.

This case means No spouse,No children.

In this case, it means that there is no heir of the first rank

Then, the next question,

Second rank

Is there a relative superior such as the lost parent, grandparents, great-grandparents, grandparents and grandparents? (Hereinafter referred to as linear ascendant) .

As an option here,

(Y) Yes. There is a  linear ascendant

(N) No. There is no  linear ascendant

No spouse Children Yes

(Y) Yes.  They have the child.

Article 900 set out the Statutory Share in Inheritance.

Article 900 If there are two or more heirs of the same rank, their shares in inheritance shall be determined by the following items:

( 1)-(3) omitted

( 4) if there are two or more children, lineal ascendants, or siblings, the share in theinheritance of each shall be divided equally; provided that the share in inheritance of an child out of wedlock shall be one half of the share in inheritance of a child in wedlock, and the share in inheritance of a sibling who shares only one parent with the decedent shall be one half of the share in inheritance of a sibling who shares both parents.

In this case,only Child(ren) is/are heir. They share in inheritance eaqually, In addition, although there was a child, if the chihas already passed away, the grandchild will inherit on behalf of the child (art.887 sec2).

As a text, Civil Code 887 (inheritance rights of the child and its transferees) set out the heir.

Article 887

(1) The child of a decedent shall be an heir.

(2) If a decedent’s child has died before the commencement of inheritance, or has lost the right to inheritance by application of the provisions of Article 891 or disinheritance, the child of the decedent’s child shall be an heir as an heir per stirpes; provided that this shall not apply if the child is not a lineal descendant of the decedent.

(3) The provision of the preceding paragraph shall apply mutatis mutandis to the case where an heir per stirpes has died before the commencement of inheritance, or has lost the right of inheritance as an heir per stirpes by application of the provisions of Article 891, or by disinheritance.

The inheritance of legitimate child and child who is not legitimate in the past is equal, although there was a difference in the past (900 Civil Code).

Only spouse is heir

(N) No. When there are no brothers and sisters

In this case, it means that there are no heirs of the first and second rank.

Only the spouse will be the heir.

Set out in Civil Law Article 890

The spouse of a decedent shall always be an heir. In this case, if there is a person to become an heir pursuant to the provisions of Article 887 or the preceding Articlethe spouse shall be of the same rank as that  person.

Next, usually you will consider the question of will.