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1.01 Historical Background
1.02 Political Organization
1.03 History of Japan's Procedural System
1.04 Sources of Law
Chapter 2 PROFESSIONAL LEGAL ASSISTANCE
2.01 Introductory Remarks
2.02 Legal Education
2.03 Law Offices
2.04 Counsel in Judicial Proceedings
2.05 Professional Legal Associations
2.06 Legal Representatives of the State: The Minister of Justice and Other Officials
2.07 Jurists in Public Administration
2.08 Notaries
2.09 Nonlawyer Specialists
2.10 Legal Aid
Chapter 3 THE JUDICIARY
3.01 Judicial Organization
3.02 The Judges
3.03 Court Officials Other Than Judges
Chapter 4 ADJUDICATORY AUTHORITY
4.01 Basic Concepts and Terminology
4.02 The Role of the Judiciary in Relation to Other Branches of the Government
4.03 Civil Controversies and Matters Cognizable by the Courts
4.04 Subject Matter Competence in the Court of First Instance
4.05 Territorial Competence
4.06 Related Procedural Rules
4.07 Competence in Cases with International Aspects
Chapter 5 PARTIES
5.01 Party Capacity
5.02 Procedural Capacity
5.03 Representatives in Litigation
5.04 Standing to Litigate
5.05 Joinder of Parties
5.06 Intervention
5.07 Substitution of Parties
Chapter 6 PRELIMINARY ACTIVITIES: PRE-COMMENCEMENT PREPARATION AND PROVISIONAL REMEDIES
6.01 Introduction
6.02 Pre-Commencement Preparation
6.03 Perpetuation of Evidence
6.04 Provisional Remedies: Introduction
6.05 Provisional Attachment
6.06 Provisional Disposition with Respect to the Subject Matter in Dispute
6.07 Provisional Disposition Temporarily Fixing the State of Affairs with Respect to the Legal Relationship in Dispute
6.08 Relief from Provisional Remedies Available to the Adverse Party
Chapter 7 ADJUDICATORY PROCESS IN THE COURTS OF FIRST INSTANCE
7.01 Preliminary Matters
7.02 Preparation and Pleadings
7.03 Joinder of Claims, Counterclaims and Amendments
7.04 The Main Hearing
7.05 Proof and Proof-Taking
7.06 Judgments and Decisions
Chapter 8 PROCEEDINGS IN THE HIGHER COURTS
8.01 General Characteristics
8.02 First Appeal (Kôso Appeal)
8.03 Second Appeal (Jôkoku Appeal)
8.04 Kôkoku Appeal
8.05 Retrial
Chapter 9 VARIOUS TYPES OF CIVIL ACTIONS
9.01 Introductory Remarks - Overview of Various Types of Actions
9.02 Administrative Litigation
9.03 Actions Concerning Domestic Relationships
9.04 Actions on Bills or Checks
9.05 Ordinary Civil Actions in Summary Courts
Chapter 10 SUMMARY PROCEDURES AND NON-CONTENTIOUS PROCEEDINGS
10.01 Introductory Remarks
10.02 Small Claims Procedure
10.03 Summary Debt Collection Proceedings
10.04 Proceedings for Pre-Commencement Compromise
10.05 Court-Annexed Conciliation Proceedings
10.06 Non-Contentious Proceedings for Decision-Making
Chapter 11 INSOLVENCY PROCEEDINGS
11.01 Introduction and Legislative History
11.02 Liquidation Bankruptcy
11.03 Civil Rehabilitation Proceedings
11.04 Corporate Arrangement and Special Liquidation
11.05 Corporate Reorganization
11.06 Cross-Border Insolvencies
Appendix 11A Insolvency Statistics
Appendix 11B Law Relating to Recognition and Assistance for Foreign Insolvency Proceedings
Chapter 12 ARBITRATION
12.01 Arbitration in Japan: Historical Background
12.02 Sources of Law
12.03 Outline of the Provisions on Arbitration
Appendix 12A Arbitration Law
Chapter 13 LITIGATION EXPENSES
13.01 The General Rule
13.02 Expense Assessment as a Procedural Sanction
13.03 Expense Determination When Neither Party is a Complete Winner
13.04 Expense Allocation in Multi-Party Litigation
13.05 Special Provisions for Determining Costs in Intervention Cases
13.06 Special Situations: Settlement and Termination of an Action by Means Other than Judgment
13.07 Rules for Processing Litigation Expenses
13.08 Security for Litigation Expenses
13.09 Assistance in Litigation
Chapter 14 ENFORCEMENT OF JUDGMENTS
14.01 Enforcement of Domestic Judgments
14.02 Enforcement of Security Rights and Other Forms of Judicial Sale
14.03 Recognition and Enforcement of Foreign Judgments
14.04 Enforcement of Arbitration Awards
Chapter 15 INTERNATIONAL COOPERATION IN LITIGATION
15.01 Introduction
15.02 Cooperation Sought by Japan
15.03 Cooperation Rendered by Japan
Appendix 15A Signatories of the Procedure Convention
Appendix 15B Signatories of the Service Convention
Appendix 15C Japan's Bilateral Arrangements for International Cooperation
Appendix A Sample Procedural Documents
Appendix BI Sample Judgment (PART 1)
Appendix BII Sample Judgment (Part 2)
Japanese Code of Civil Procedure
Japanese Rules of Civil Procedure
Table of Statutes, Treaties and Conventions
Table of Cases
Bibliography of Sources Cited
Glossaries
Index