Civil Code and Housework Procedure Act was amended last year. It was a major amendment of the law of succession in Japan.
Revised matter has been enforced gradually.
The stages are
(1) Measures to ease the method of autograph test will
It has been implemented since January 13, 2019.
(2) Principle enforcement date-July 1, 2019
details are below
(3) New establishment of spouse residence right and spouse short-term residence right-April 1, 2020
From July 1, 2019,
(1) Refunding system for deposits and savings before division of heritage
(2) Review of the legacy system
(3) Review of effects of inheritance, etc.
(4) Special contributions
Is in force.
On July 6, 2018, the Act on the Storage of Wills in the Legal Affairs Bureau (Law No. 73 of Heisei 20) was enacted.
The Law on the Storage of Wills in the Legal Affairs Bureau (hereinafter referred to as the “Wills Storage Act”) is the system which Legal Affairs Bureau may store autographs wills pertaining from the perspective of preventing disputes over inheritance .
Codeblue 2018 is the info security conference held in Tokyo from October 29-November 2, 2018.
Conference website is here.
Codeblue 2018 opens Call For Papers here.
This year Codeblue starts Law and Policy track.I think it is quite unique and I am very proud . I hope it may be the good opportunity for Law and Policy people to gather and share their knowledge fro secure world in Tokyo.
You can enjoy Robot Restaurant and Fugu fish also.
I hope to see you in Tokyo this autumn.
MtGox goes to company rehabiltation proceedings.Tokyo district court issued civil revhabilitationl decision on 22 June.Bankruptcy decision is stayed till the authorisation of the revial plan approval.
Tokyo Shoko Research reported this yesterday.
Time line is follows;
Feb 28,2014 Mt.Gox applied civil revival decision
Tokyo District Court decision to Civil Rehabilitation proceedings
April 24,2014 Tokyo district court decided Bankruptcy decision
The price of Bitcoin skyrocketed during Bankruptcy procedure.
Based on Bankruptcy law section 103,credit shall be estimated based on the price of the beginning of the Bankruptcy proceedings.
It means that the price will be estimated the price on April 23,2014=483 dollars/1 bitcoin.
If the bankruptcy proceedings goes on,creditors will receive 100 percent of the estimated credit and the surplus will go to shareholder of Mt.Gox.
Under the Civil Rehabilitation proceeding,the creditors can approve the plan that is not bounded above Bankruptcy law section 103.It means that they can be paid by based on Bitcoin market price.
There is an News Paper article saying “Amendment of Personal Status Litigation Act has passed through the House of Representatives “.
On the page of the 196th Diet proposal page,
the 196th Diet bill type: Cabinet Law No. 11
Proposal name: draft legislation to revise Personal Status Litigation Act etc.
So, the content will be here.
Subsection 1 Jurisdiction of the Japanese Court
(Jurisdiction of appeal concerning personnel affairs)
Article 3-2 (Jurisdiction of appeal concerning personnel affairs)
Article 3 (Jurisdiction by consolidation of related claims)
Article 3 – 4 (Jurisdiction of the case, etc. Pertaining to the trial on disposition concerning child custody)
Terms such as are added.
the Domestic Procedure Procedure Act
Article 3-2( Jurisdiction of the trial case of the disposition concerning the management of property of absentee)
Article 3-2( Jurisdiction of the case of revocation of rescission of declaration of disappearance)
Regarding this point, I mentioned in the entry of the draft of the guidelines on the establishment of international jurisdictional laws on domestic affairs cases and domestic affairs (September 18, 2015).
Personal Status Litigation Act Article 29 (1) sets out
For purposes of the application of the provisions of the Code of Civil Procedure in the procedures for personal status ,Code of Civil Procedure Book One Chapter two Section1,Article 145 (3) and Article 146 (3) shall not be applied.
So the provisions of the jurisdiction of the civil procedure law did not apply, international jurisdiction is ambiguous. Therefore this revision to clarify the international jurisdiction.
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)
Provosional Payment system
More than Ninety cases
Present civil procedure.
Future of IT civil procedure.
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.
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.
(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.
(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.
(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
(Y) Yes There are brothers and/or sisters
In this case, brothers and sisters will be heirs.
In this case, further
Brothers and sisters’ questions
Are the parents of the heirs the same for their brothers and sisters ? It will be a question.
(Y) Yes. the same.
(N) No. not the same.