Series: Japanese Translation of Private International Law in KOSOVO Republic (2)

My series, “Kosovo’s new private international law (LIGJI NR.08/L-028 PËR TË DREJTËN NDËRKOMBËTARE PRIVATE) in Japanese translation(2)”, is published in Koseki-Jihoh, a Japanese legal and civil registration journal.

Regarding the translation of the term “overriding mandatory rule”, legal practitioners in Japan have adopted the term “absolute mandatory rule” (zettaiteki kyōkō hōki) – a term that was originally used by “a” former UT (ex)researcher and is also used in practice.

However, the classification into “absolute” and “relative” categories regarding overriding mandatory rules is unusual in the Private International Law of civil-law countries, and there are views (such as my own) questioning the validity of this distinction even within Japanese law. I have included a footnote explaining this point.

https://www.kajo.co.jp/c/magazine/001/31001004607