Overview of contracts
I'd like to provide an overview of contracts.
They are in Claims Part of Civil Code.
The question "Is a contract valid even if it is an oral promise?"
A contract is a contract even if it is an oral promise.
However, in the real world, such idealism is not enough.
It becomes a problem when a dispute arises between the parties to the contract.
For example, a dispute between a seller and a buyer in a sales contract, or a owner and a tenant in a lease contract.
How will the dispute be handled if it turns into a trial.
Even if it does not develop into a trial, how dose a lawyer or other legal professional think to resolve the matter?
The facts will be found and the law will be applied.
What is a fact will be determined by evidence.
If a verbal agreement is broken, it becomes a he-said-she-said battle.
If you prepare a contract in advance, you can help prevent disputes.
For example, let's consider a real estate lease contract.
The tenant is obligated to pay the rent (debt).
The owner has a claim on the rent.
The owner has an obligation (debt) to rent the room.
The tenant has the right to rent the room (claim).
In a (bilateral) contract, it is possible to decipher the relationship between such claims and debts.
- To read this article in Japanese
- To return to Introductory course in Japanese real estate laws
They are in Claims Part of Civil Code.
The question "Is a contract valid even if it is an oral promise?"
A contract is a contract even if it is an oral promise.
However, in the real world, such idealism is not enough.
It becomes a problem when a dispute arises between the parties to the contract.
For example, a dispute between a seller and a buyer in a sales contract, or a owner and a tenant in a lease contract.
How will the dispute be handled if it turns into a trial.
Even if it does not develop into a trial, how dose a lawyer or other legal professional think to resolve the matter?
The facts will be found and the law will be applied.
What is a fact will be determined by evidence.
If a verbal agreement is broken, it becomes a he-said-she-said battle.
If you prepare a contract in advance, you can help prevent disputes.
For example, let's consider a real estate lease contract.
The tenant is obligated to pay the rent (debt).
The owner has a claim on the rent.
The owner has an obligation (debt) to rent the room.
The tenant has the right to rent the room (claim).
In a (bilateral) contract, it is possible to decipher the relationship between such claims and debts.
- To read this article in Japanese
- To return to Introductory course in Japanese real estate laws