Good Faith and Abuse of Procedural Rights in Japanese Civil Procedure

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.