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father, being alive at the time of their birth, was Japanese, or being dead, he died as Japanese; if the father was Japanese at the time of their conception, even though he may since have lost Japanese nationality; if the mother recovers Japanese nationality after their birth, although both the parents may have previously lost Japanese nationality; if born of a Japanese mother, the father being either unknown or of no nationality; or if born of parents unknown or of no nationality.

Japanese nationality may be acquired by a foreigner on changing his or her status, in the following cases: If she marries a Japanese; if he marries a Japanese woman who is the head of a family and thus becomes a member thereof; if a foreigner be recognized as a legitimate child of a Japanese father or mother; or being adopted by a Japanese subject, or his parents acquiring Japanese nationality during his minority unless otherwise provided by the law of their original nationality; where a foreigner's wife follows her husband on his acquiring Japanese nationality unless the law of his original nationality provides otherwise.

Japanese nationality may be acquired by naturalization on fulfillment of the following conditions:

(a) The man must have resided in the country for at least five consecutive years.

(b) He must be at least twenty years old, and of age according to the laws of his original nationality..

(c) He must bear a good character.

(d) He must be possessed of property, or else have the ability to earn an independent living.

(e) He must either belong to no nationality, or he must be allowed by the laws of his original country to expatriate himself.

In the following cases the above conditions need not be all fulfilled:

I. When (in case a) a person has a Japanese father, or a mother or wife, who was a Japanese, or being born in Japan, has resided there for at least three consecutive years, or, not being born in Japan, has been resident in the country for at least ten consecutive years.

2. When (in cases a, b, d) he has a Japanese father or mother and is domiciled in Japan.

3. When (in case b) a woman has a Japanese husband, or when a man has distinguished himself by meritorious services rendered to Japan.

Naturalized persons, or the children of those who have acquired Japanese nationality, or those who have been adopted by Japanese parents, or who have entered into a Japanese family by marriage with a Japanese woman who is the head of that family, cannot enjoy the following privileges except by Imperial sanction, which may be granted after the lapse of ten years from naturalization:

I. To become a Minister of State.

2. To become president, vice-president, or a member of the Privy Council.

3. To be raised to a certain rank in the service of the Imperial Household.

4. To become a Minister Pienipotentiary or Ambassador.

5. To become a General in the Army, or an Admiral in the Navy.

6. To become President of the Supreme Court, Administrative Court, or Director of the Audit Bureau.

7. To be elected a member of the Imperial Diet.

The law of application, or what is generally known as the conflict of laws, is the subject of special enactment. Its study is interesting in the present connection, to learn the status of foreigners or the position of their rights or interests in Japan. The general test adopted by Japan for the application of foreign laws is that of the law of nationality, as is the case in many countries of Continental Europe, instead of the law of domicile as found in AngloAmerican jurisprudence. Where the law of nationality is to be applied by the Japanese Court, which names for instance the law of domicile as the proper law, and the party concerned in the question is domiciled in Japan, or unless the act concerned be done or committed in Japan, the rules of the law of his nationality must always be sought.

The following are the rules of the Japanese law of application:

I. The Japanese Court will entertain the question as to whether a foreigner is living or dead according to Japanese Law, only in respect of his property in Japan or of such legal relations as are subject to Japanese Law.


The rules relating to domicile are provided in the Civil Code, and they are: That one's domicile is in the principal place where he earns his living; or if such a place is not known, the place of his residence shall be regarded as his domicile, such a place being regarded always as the domicile in case of persons, whether Japanese or fôreigners, who have no domicile.

3. The question of capacity is determined by the law of nationality, but that relating to an act done in Japan other than that relating to succession, marriage, divorce, matrimonial rights and duties, parental relations, the duty

of support or in respect of immovable property situated in a foreign country, by the Japanese Law, although the party concerned may have, according to the law of his country, no power to do the act under consideration.


The question of incompetency or disability is determined by the law of nationality, and the effect of an order of the court for the purpose by the law of the country to which the court belongs, the Japanese Court will decide upon such a question, as to a foreigner domiciled or resident in Japan, only where such a case is recognized by the law of his nationality, and the Japanese Law does not provide to the contrary.

5. Marriage is governed as to its essentials by the law of nationality of each party; as to its form by the law of place of celebration; and as to its effects by the law of nationality of the husband.

6. Divorce is governed by the law of the husband's nationality as found prevailing at the time of the cause thereof arising, but it will not be decreed by the Japanese Court unless for such as is also recognized by the Japanese Law.

7. The question of legitimacy is determined by the law of nationality, applicable to the father at the time of birth or that of the country he last belonged, if he died before the child is born.

8. The essentials for the recognition of a natural child is governed as to each parent or the child, respectively, by the law of the country to which he or she belongs at the time of such act.

9. Parental relations are governed by the law of the father's nationality or by that of the mother if there be no father.

10. The duty of support is governed by the law of nationality of the party liable thereto.

II. All family relations, other than those specifically provided and rights and duties arising therefrom, are governed by the law of nationality of persons concerned.

I 2. The intention of parties shall determine the law applicable to the existence or effect of their legal act if such be signified, or by the law of the place where the act is done, it being always sufficient for the purpose of formalities that the law of the place where the act was done be complied with, unless in connection with that which relates to the creation or disposal of rights in rem and other rights for which registration is required.

13. The place from which communication is sent is to be considered the place of act for the purpose of an expression of intention for an unilateral act made to a person who is in a place having a different law, and the place from which the communication or offer is made to be considered the place of the contract as to its existence or effect, unless where, at the time of acceptance, the party offered to did not know the place from which the offer was communicated, in which latter case the domicile of the offering party being considered the place of the act.

14. Rights in rem in law relating to movables and immovables and other rights for which registration is required by law are governed by the law of the place. where the subject of such rights is situated and their acquisition or loss by the law of the place where such subject is situated at the time of completion of facts proving such acquisition or loss.

15. The existence and effect of an obligation arising from tort, negotiorum gestor, or profit or payment made without cause shall be governed by the law of the place

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