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62 Japanese Y.B. Int'l L. 119 (2019)
New International Civil Procedure Law of Japan in Status and Family Matters

handle is hein.journals/jpyintl62 and id is 133 raw text is: 







119


    NEW   INTERNATIONAL CIVIL PROCEDURE LAW OF JAPAN IN STATUS
                            AND   FAMILY  MATTERS

                                Yuko  Nishitani*

     Introduction
     I. Background  of the Legislation
     II. Issues in Implementing the New Act
        1. Procedural Rules in Status and Family Matters
        2. Conflict of Laws Issues
     III. International Jurisdiction Rules Under the New Act
        1. General Remarks
        2. Personal Status Litigation
        3. Domestic Relations Cases
        4. Common   Principles
        5. Characteristics of the New Act
     IV. Recognition and Enforcement of Foreign Decisions
        1. General Principles
        2. Recognition
        3. Enforcement
     Conclusion

Introduction

    In Japan, the new Act for the Partial Revision of the Personal Status Litigation
Act etc. (New Act)' was promulgated  on April 25, 2018 and entered  into force
on April 1, 2019. The New  Act comprises  extensive rules on international adjudi-
catory jurisdiction and sets forth some  provisions on  the recognition and  en-
forcement  of foreign decisions in status and family matters, including succession.
These  new rules will have a significant impact on the Japanese judiciary practice,
which  will be particularly relevant for foreigners residing in Japan and Japanese
nationals involved in cross-border family relationships.
    This paper  aims to provide an  overview  of the New  Act, expound  its basic
structure and characteristics in a comparative perspective, and shed light on the



*  Professor at Kyoto University Graduate School of Law, Japan. The author was a member
of  the Legislative Sub-Committee on International Jurisdiction in Personal Status and Family
Matters that consulted on and prepared draft provisions of the New Act. The opinions in
this paper, however, are all her personal views.
   Jinji Sosho Ho nado no Jchibu wo Kaisei sum Ho (Law No. 20 of April 25, 2018). For an
 English translation of the New Act, see pp. 486-495 of this volume.


Japanese Yearbook of International Law
         Vol. 62 (2019), pp. 119-150

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