International Recovery of Maintenance in Japan
![handle is hein.journals/jpyintl65 and id is 261 raw text is:
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INTERNATIONAL RECOVERY OF MAINTENANCE IN JAPAN
Manabu Iwamoto*
Introduction
I. Current Legal Status in Japan
1. 1898 Horei
2. Fuyo in Private International Law
3. Legislation and Case Law
4. Challenge
II. 2007 Hague Convention and Protocol and Japanese Law
1. HCCH and Japan
2. Obstacles with Accessioning to the 2007 Convention
3. Comparison Between the 2007 Protocol and Current Japanese
Law
III. For the Future
1. Specific Settlements Regarding Maintenance or Child Support
2. Toward Future Accession in an International Maintenance
Recovery Regime
Conclusion
Introduction
As of March 2022, discussions to revise the domestic law regarding (1) the ob-
ligation to provide maintenance and (2) the treatment of agreements through
private alternative dispute resolution (ADR) on maintenance - including cases
between international parties - are underway in Japan. Regarding the former,
Hoseishingikai Kazokuhosei Bukai [the Division on Rule of the Family Law of the
Legislative Council] examines the nature of child support, recognizing that from
the perspective of securing the interests of children, it is necessary to conduct a
wide range of studies on divorce and related systems, such as the nature of chil-
drearing following the divorce of parents, and related issues such as the minor
child adoption system and the property division system.1 Despite the challenge to
predict the outcome of the former, concentrated efforts will hopefully resolve the
non-payment of child support. However, the latter, Hoseishingikai Chusaihosei
Bukai [the Division on Rule of the Arbitration Law of the Legislative Council], has
* Associate Professor of Law, University of Toyama, Japan. This research was supported by
JSPS KAKENHI Grant Number JP17K17748 and JP20K01308.
The minutes of the Division of Kazokuhosei Bukai (in Japanese), available at < https://
www.moj.go.jp/shingil/housei02_003007 > (last visited on August 20, 2022).
Japanese Yearbook of International Law
vol. 65 (2022), pp. 247-269](ViewImageLocal?handle=hein.journals/jpyintl65&div=15&collection=&method=preview&ext=.png&size=3)
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