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Archive For Entries On Japan

The Death Knell to Loan Sharks by the Supreme Court of Japan: Excessive interest payments held to be returned to borrowers with statutory interest

On July 13, 2007, the Supreme Court of Japan held in two cases that consumer-loan companies return not only excessive payments of unlawful interest to borrowers but also to pay the statutory interest that accrued from the excessive payments, because the consumer-loan companies were found to be bad faith beneficiaries of unjust enrichment. Japanese courts [...]

Report from Japan: Surrogacy Contracts in the Supreme Court of Japan

On March 23, 2007, the Supreme Court of Japan handed down a judgment to deny the parenthood of Japanese genetic parents for twin boys given birth to by an American surrogate mother. This judgment reversed a Tokyo Appellate Court decision from 2006 that acknowledged the parenthood of the Japanese married couple who had their artificially [...]