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Japan: Proof of and Information About Foreign Law in Japan

  • Shunichiro NakanoEmail author
Chapter
  • 385 Downloads
Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 26)

Abstract

According to Japa3nese theory and practice, the application of conflict of laws rules is regarded as mandatory. Once designated by the conflict of laws rules, foreign law ought to be applied by the domestic courts in the same manner as is domestic law. Foreign law is considered “law” and the judicial authorities have a duty to apply it ex officio. Judges are obliged to interpret and apply governing foreign law in the same manner as judges in the country of origin do. If the content of applicable foreign law cannot be ascertained, the recent literature and the court practice supports the application of lex fori. The misapplication of the designated foreign law constitutes grounds for an appeal to the Supreme Court.

Copyright information

© Springer International Publishing AG 2017

Authors and Affiliations

  1. 1.Graduate School of LawKobe UniversityKobeJapan

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