CHRONOLOGY

1900

Despite being a civil code jurisdiction IBJ Act includes trust business first legal use of term 'shintaku' or trust

 

GLOSSARY

Civil Code

systematic codification of law

imposed by Napoleon adopted by Japan via France/Germany vs Common Law

bukken

a thing in Civil Code jurisdiction

also estate agent jargon for properties vs shizenjin, hojin

daiko

Civil Code jurisdiction vicarious execution

as daikosha an agent/proxy, daiko gyomu agency business

eigyo joto

Civil Code jurisdiction sale of a business

sale of a specific business operation in toto to an acquiror for management

eigyoken

goodwill in Civil Code jurisdiction

concept of transferable and established rights to a business cf eigyo joto

form over substance

Civil Code pattern of legal interpretation

narrow interpretation of form over substance vs substance over form

hojin

legal person in Civil Code jurisdiction

an incorporated entity at law a corporation vs shizenjin cf bukken

shadanhojin

Civil Code public interest entity trust

legal and regulatory framework reformed to prevent tax etc abuse cf zaidanhojin

shizenjin

a natural person in Civil Code jurisdiction

rational codification individuals at law vs hojin, bukken cf bukken

sozoku

inheritance launched by death Civil Code Art 882

Inheritance Tax is borne by the inheritors cf iryubun, jusho, legitime, sozokunin

sozokunin

heirs inheritors under Civil Code provisions

if the inheritance is not renounced the liability to settle the tax arises cf legitime

Stichting

Civil Code public interest entity foundation

Dutch endowment vehicle popular for inheritance tax avoidance cf Dutch Route

Stiftung

Civil Code public interest entity foundation

German endowment vehicle legal model for zaidanhojin cf Stichting

zaidanhojin

Civil Code public interest entity foundation

legal and regulatory framework reformed to prevent tax etc abuse cf shadanhojin

Common Law

customary law of England from 13th cent

adopted by English speaking countries unsystematised vs Civil Code cf bukken

eiri hojin

profit making legal person

Civil Code concept of dividend declaring incorporated body cf hojin

hieiri hojin

non profit legal person

Civil Code concept of non dividend declaring public interest incorporation

iryubun

legitime legitima portio

Civil Code jurisdiction doctrine of forced rules of succession restricting wills

kansa hojin

auditing corporation

Civil Code version of accounting firm partnership under the Act cf JICPA

kikin

fund

Civil Code jurisdiction under special provisions and not a simple trust structure

legitime

forced rules of succession

Civil Code jurisdiction principle restricts scope of will provisions cf iryubun

ninidantai

voluntary association

Civil Code association with no legal powers nicht rechtsfähiger Verein

shintaku

trust

application is made of trusts despite being a Civil Code jurisdiction

substance over form

Common Law pattern of legal interpretation

broad interpretation of circumstances vs Civil Code form over substance cf bukken

toshi jigyo kumiai

investment partnership

Civil Code jurisdiction Private Equity etc partnerships vs ninidantai cf bukken

yuigon

will

subject to Civil Code jurisdiction forced rules of succession cf legitime

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