Article 90

Definition

Article 90 is a provision in the Japanese Civil Code that addresses the enforceability of obligations arising from agreements that violate public policy or good morals. This article plays a crucial role in ensuring that contracts and obligations are aligned with societal norms and legal standards, thereby safeguarding public interest and moral values.

5 Must Know Facts For Your Next Test

1. Article 90 emphasizes that any obligation arising from a contract that goes against public policy or good morals is considered null and void.
2. This article is significant in maintaining the integrity of contractual agreements within Japan's legal framework, ensuring they do not harm society.
3. The interpretation of 'public policy' and 'good morals' can evolve over time, reflecting changes in societal values and legal standards.
4. Judicial decisions regarding Article 90 often involve balancing individual freedoms in contracts with the need to protect the public interest.
5. In practical terms, Article 90 serves as a tool for courts to invalidate contracts that might lead to harmful consequences for individuals or society.

Review Questions

• How does Article 90 impact the validity of contracts in Japan, especially in relation to public policy?
  • Article 90 impacts contract validity by declaring any agreement that violates public policy or good morals as null and void. This means that courts will refuse to enforce such contracts, protecting societal interests over individual agreements. The provision ensures that all contractual obligations align with legal and ethical standards, fostering a fairer contractual environment.
• Evaluate how judicial interpretations of 'public policy' might change over time under Article 90, and what factors might influence these changes.
  • Judicial interpretations of 'public policy' under Article 90 can change due to evolving social norms, cultural shifts, and advancements in legal thought. Factors influencing these interpretations include significant societal events, legislative amendments, and changing public attitudes toward certain behaviors or agreements. As society evolves, so does the understanding of what constitutes an infringement on public policy.
• Analyze the implications of Article 90 on contract law in Japan and compare it to similar provisions in other jurisdictions.
  • Article 90 shapes contract law in Japan by providing a mechanism to invalidate agreements that conflict with societal norms. This contrasts with jurisdictions where freedom of contract may prevail without such stringent checks. Comparing this to other legal systems reveals different balances between individual contractual freedoms and societal protections, demonstrating how cultural and legal philosophies influence contract enforceability globally.

Related terms

Public Policy: A principle that suggests certain legal principles should be upheld for the welfare of society, ensuring that no legal rights can contradict the public interest.

Good Morals: The ethical standards and societal norms that are generally accepted within a community, influencing what is deemed acceptable behavior or agreements.

Void Contracts: Agreements that have no legal effect and are unenforceable because they involve illegal activities or violate public policy.