Japan v. Shimizu

Negligence and Abuse of Rights in Early 20th Century Japan

Abstract

The article presents an English-language translation of Japan v. Shimizu (信玄公旗掛松事件 Shingen-kō hata kake matsu jiken), a critical case in the history of Japanese private law. While resolving a torts dispute about a historically important tree, the Japanese Imperial Court set a powerful precedent for the consideration of equitable claims. These “abuse-of-rights” (権利の濫用kenri no ran’yō) claims now play a major role within Japan’s system of tort, contract, and property law. In this article, the authors outline the history and discuss the doctrinal significance of Shimizu¸ reconstructing the case’s factual background and procedural posture. By making this case available, the authors hope to shine light on this important branch of Japanese law.