Japan's main family law is Part IV of the Civil Code ( , Minp? ) . Family Register Act ( ??? , Kosekih? ) contains terms related to the list family ( , Koseki ) and notifications to the public office.
Video Family law in Japan
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The ie (?), Or "housekeeping," is the basic unit of Japanese law until the end of World War II: most civil and criminal matters are considered to involve families rather than individuals. The "ie" is thought to consist of grandparents, their sons and wives and their children, although even in 1920, 54% of Japanese households had become the nuclear family.
The system was formally abolished by the 1947 revision of Japanese family law under the influence of the allied occupying authority, and the Japanese public began the transition to a more Americanized nuclear family system. However, the number of nuclear families only slightly increased until 1980, when it reached 63%, and the Confucian principles underlying the "ie" concept only gradually faded and were still informally followed to some extent by many Japanese today.
Maps Family law in Japan
Wedding
Japanese formal marriage takes the form of civil marriage. Marriage is made by making a notice about it. A wedding ceremony conducted by a religious or fraternal body is not a necessary element for a legitimate marriage.
According to Article 731-737 of the Civil Code,
- A man before reaching the age of 18, a woman before reaching the age of 16, should not be married. (Article 731)
- Minors must get approval from at least one parent to marry. (Article 737)
- Bigamy is forbidden. (Article 732)
- [declared unconstitutional by 2016 by the Supreme Court : A woman should not remarry within 6 months from the day of discharge or previous marital cancellation, except in cases where she both became pregnant before the day and gave birth to a child. # 1 (Article 733)]
- Straight blood-straight relatives, additional families in third blood kinship level # 2, should not marry, except between adopted children and their relatives with blood through adoption. # 3 (Article 734)
- Straight-line relatives because affinity can not be married. # 3 (Article 735)
- Foster parents or lineal descendants of adoptive parents should not marry an adopted child, their spouses, their offspring, or their descendants. # 3 (Article 736)
- It is estimated that this remarriage ban is to avoid confusion regarding the identification of the child's father.
- between one and one brother, uncle, aunt, niece, niece by blood.
- This may be the case in which this prohibition applies after the termination of family relations between the parties.
If one or both of the couples are Japanese citizens, marriage is recorded in the family register with one Japanese person in question on his head.
It is a rule in principle that both will have the same surname after their marriage. However, if one of them is non-Japanese, this rule does not apply. They can use one of the couple's names as their surname or keep their name after marriage. If a Japanese couple changes the name of the family to his/her spouse, the name change must be filed within 6 months after the marriage. In the family list, strangers do not have their own entries, while they can be recorded in them as a couple, for example.
International marriage
Children
A child born of a married woman is assumed to be a child of her husband, although her husband may file in a family court to deny a father if the child's father is questioned. If a child is born by an unmarried woman, or if the father is denied by the mother's husband, the father may then claim the father through family court proceedings, or the child may file in a family court to force his father to be recognized as a father.
Children are given the names of their parents' families at the time of birth. If the father is unknown at the time of the birth of the child, the child is given the mother's surname, but may be his name changed into a father's surname after father confesses father.
Divorce
There are four types of divorce in Japan:
- Divorce by deal ( Ky? gi Rikon ), based on mutual agreement.
- Divorce through mediation in family court ( Ch? tei Rikon ), completed by applying mediation by family court (for cases where divorce by mutual agreement can not be contacted).
- Divorce with a family court decision ( Shinpan Rikon ), which is a divorce settled by a family court decision when a divorce can not be determined through mediation.
- Divorce with the district court ( Saiban Rikon ). If the divorce can not be determined by the family court, then the petition is filed to the district court for a decision (an arbitration request is a prerequisite). After the case is decided, the court will issue an official copy and a certificate of completion, to be attached to the Divorce Registry.
Foreign nationals must show evidence that they may be divorced in their home country and that the procedures used in Japan are compatible with their home country.
Custody with children ends in divorce. In divorce by agreement, the husband and wife must determine which parents will have custody of each child. In other types of divorce, custody is determined by a mediator or judge, with a strong preference for custody by the mother (especially with regard to children born after divorce).
Dispute resolution
Japan has a family court system ( ????? , Katei Saibansho ) that has jurisdiction in the first instance of all interpersonal disputes, including divorce and parenting. Family courts use the mediation system.
See also
- International kidnapping in Japan
- Family policy in Japan
References
External links
- English (unofficial) translations of Japanese family law and inheritance (Sections IV and V Civil Code)
- Colin P.A. Jones, 'In the Best of Court Interests: What US Lawyers Should Know about Child Care and Visitation in Japan' Asia-Pacific Law & Journal of Policy, Volume 8, Issue 2, Spring 2007
- Japanese Child Rights Rights - Extensive information on Japanese family law
- Takao Tanase, "The Divorce Law Governing Parents and Children in Japan" - US Department of State, September 14, 2010
- Takao Tanase, "Child Divorce and Best Interests: Disputes over the Visit and Family Court of Japan", Jiyu to Seigi vol.60, 12th edition (2009), pp.Ã, 9-27
Source of the article : Wikipedia
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