GUARANTY CONTRACTS GUARANTEED
KEYWORDS: CONTRACTS, GUARANTY
Two Japanese court rulings proved that contracts of debt guaranty were without
a doubt valid under Japanese law. One case involving the guaranty of a member
of the Japanese parliament, ended with his bankruptcy when the Kumamoto District
Court found the contract valid. In another case, a similar contract involving
the 92 year old former chairman of a major, but bankrupt, department store
chain, Sogo Department Stores, the Tokyo High Court found the contract valid.
The defendant pleaded age, he did not understand, the bank promised it was
only a formality etc. but the court disagreed. They noted that the gentleman
had even taught law at a famous university. Another contract was ruled invalid
however. That the was contract where he tried to transfer real property to
his brother-in-law only weeks before the department store collapsed.
Copyright 2005. All rights reserved Attorney Roderick H.
Seeman