日本法律适用通则法—英文版—word版.doc

Act on the General Rules of Application of Laws Law No. 10 of 1898 (as newly titled and amended 21 June 2006) CHAPTER 1 GENERAL RULES Article 1 [Purpose] This law shall provide the general rules for the application of laws. CHAPTER 2 GENERAL RULES FOR STATUTES Article 2 [Effective Date of Statutes] A statute shall come into force from the twentieth day after its promulgation.However,where a different effective date is provided by the statute, that date shall apply. Article 3 [Customs with the Same Effect as Law] Customs not contrary to public policy (ordre public) shall have the same effect as law, to the extent that they are authorized by a statute or a statutory instrument, or that they concern matters not otherwise prescribed by a statute or a statutory instrument. CHAPTER 3 GENERAL RULES ON APPLICABLE LAW SECTION 1 PERSON Article 4 [A Person’s Legal Capacity] (1) The legal capacity of a person shall be governed by his or her national law.viii (2) Notwithstanding the preceding paragraph, where a person who has performed a juristic act is of full capacity under the law of the place where the act was done (lex loci actus), that person shall be regarded as having full capacity to the extent that at the time of the juristic act, all the parties were situated in a place under the same law. (3) The preceding paragraph shall not apply either to a juristic act governed by family law or succession law, or to a juristic act regarding immovables situated in a place where the law differs from the lex loci actus. Article 5 [Initiation of Guardianship or Similar Proceedings] The court may initiate proceedings for guardianship, curatorship, or assistance (hereinafter referred to as “initiation of guardianship or similar proceedings”) under Japanese law where the person to be subject to the guardianship, curatorship, or assistance has a domicile or residence in Japan or is a Japanese national. Article 6 [Declaration of Disappearance] (1) The court may declare a person to have di