Good Faith and Abuse of Procedural Rights in Japanese Civil Procedure

Authors

  • Yasuhei Taniguchi

Abstract

In Japan, the doctrine of abuse of right was first introduced into the substantive law early this century and gradually permeated into civil procedure in the post-War period as a part of the broader principle of good faith. Today, the principle of good faith incorporated in the New Code of Civil Procedure of 1996 enjoys a central position in Japanese civil procedure. Japanese courts have relied on the principle whenever a straight application of a statutory rule would contravene the sense of fairness and justice in situations ranging from the use of civil action to the scope of res judicata.

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Published

2021-11-04

Issue

Section

Articles