Act on the Law Applicable to the Obligation of Support


Published: 2006

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´╗┐Act on the Law Applicable to the Obligation of Support

(Purpose)

Article 1 This Act shall provide the necessary matters concerning the law applicable to the obligation of support arising from the relationship between a husband and wife, parents and their child(ren), and other family relationships (hereinafter referred to as "obligation of support").

(Applicable Law)

Article 2 (1) The obligation of support shall be governed by the law of the habitual residence of the support obligee; provided, however, that if the support obligee is unable, under the law of his/her habitual residence, to obtain support from the support obligor, the law of their common nationality shall govern.

(2) If the support obligee is unable, under the law applicable pursuant to the provisions of the preceding paragraph, to obtain support from the support obligor, the obligation of support shall be governed by Japanese law.

(Special Provisions for the Law Applicable to the Obligation of Support between Collateral Relatives and between Relatives by Marriage)

Article 3 (1) Notwithstanding the provisions of the preceding Article, a support obligation between collateral relatives or between relatives by marriage shall be governed by the law of their common nationality if the support obligor objects on the grounds that he/she does not owe a support obligation to the support obligee under said law of common nationality. The same shall apply where the parties do not have a law of common nationality and the support obligor objects on the grounds that he/she does not owe a support obligation to the support obligee under the law of the support obligor's habitual residence.

(2) The provisions of the preceding paragraph shall not apply to cases where the Convention on the Law Applicable to Maintenance Obligations Towards Children (Treaty No. 8 of 1977) applies.

(Special Provisions for the Law Applicable to the Obligation of Support between Divorced Parties, etc.)

Article 4 (1) Notwithstanding the provisions of Article 2, the obligation of support between divorced parties shall be governed by the law which governed their divorce.

(2) The provisions of the preceding paragraph shall apply mutatis mutandis to the obligation of support between a husband and wife who are legally separated or between the parties to a marriage which has been declared void or annulled.

(Law Applicable to the Right of a Public Body to Obtain Reimbursement of Expenses)

Article 5 The right of a public body to obtain reimbursement from the support obligor of its expenses for benefits it provided to the support obligee shall be governed by the law to which the body is subject.

(Scope of the Application of the Law Applicable to the Obligation of Support)

Article 6 The persons entitled to assert a right to support on a support obligee's behalf and the period during which such right may be exercised, as well as the extent of the obligation of the support obligor set forth in the preceding Article, shall be governed by the law applicable to the support obligation.

(Law of Habitual Residence and National Law)

Article 7 Where a party has habitual residence in a country where the applicable law differs based on region or on a personal attribute, or where a party has nationality in such a country, for the purpose of the application of the provisions of Article 2, paragraph (1) and Article 3, paragraph (1), the law designated in accordance with the rules of that country, or in the absence of such rules, the law most closely connected with the party, shall be the law of his/her habitual residence or his/her national law.

(Public Order)

Article 8 (1) Where foreign law shall govern, if the application of the provisions of the foreign law would be manifestly contrary to public order, it shall not apply.

(2) Even where the applicable foreign law provides otherwise, the amount of support shall be determined by taking into consideration the needs of the support obligee and the financial resources of the support obligor.