Differences in Japanese Law

Hi All,

This is a question more in ignorance than anything. I don't expect to know or understand everything that this thread will cover.

One thing I've found interesting when living in different countries is how different countries have different legal expectations.

Two major different legal expectations that I believe are present in Japan are

(1) Children inherit parents debt

(2) People can be sued for slander - even if it is true.

Are these correct - and are there any other interesting differences that I might not be aware of?

I am not a lawyer, but when I read your first example (children inheriting debts) I thought that that would be “normal” and nothing to set Japanese law apart.

Looking a bit into Wikipedia it might be because surprisingly the Japanese legal system is based on Germanic civil law.

https://en.m.wikipedia.org/wiki/List_of_national_legal_systems

Civil law is fundamentally different from common law, which reigns in most commonwealth countries and the US.

So maybe this lies at the basis of the perceived difference between Japanese and Australian law.

Btw, what happens in Australia to a debt after someone dies? If you can only inherit possession but not debt…?

In Australia, if a loan/debt is incumbered, then it is passed on also. Car home etc.

Ability to sue for slander is normal. Even in Australia. Just don't here about it much.

So I don't see Japan unique in having these laws.

In Australia - my understanding for debt is the following (I may be incorrect):

- all debts come out of the estate of the deceased. If the debt is larger than the total amount - then there will be no inheritance.

My understanding for Japan was that if debt was still left - then it is passed onto the children.

For slander in Australia - it is definitely a thing. However - you can't win a civil suit of the comment is true (for example - if you cheated on a spouse and that was claimed).

My understanding for Japan is even if the claim was true - if it damages the reputation of the entity (person or business) then you can still win.

I've just realized that asking here is probably not the best place - not due to knowledge but complexity....