Overprotection to Consumers

The reason why Japanese Civil Law raised legal age from traditional fifteen to twenty was to integrate with Western economic custom, which determined the age of responsible for commercial contracts. Now, even the adults in Japan are recognized as vulnerable in commercial activities. The Council for Legislation, a consultative body of Minister of Justice, submitted a report on reviewing Civil Law, which focused on protecting consumers. The policy may make the people more ignoring about contracts and less independent.

One example is deposit in renting a house. Because there was no rule about deposit written in Civil Law, troubles always happened between landlord and tenant. They included demand of payment more than deposit or request of compensation for changing wallpaper stained by cigarette smoke. With the review of the council, Civil Law will include provisions about definition of renting deposit, timing of return the deposit or maximum payment of tenant. The law will prohibit landlord to demand payment without tenant’s error.

There is also no rule in the law about terms of contract. As seen in other nations, Japanese people are reluctant in reading through terms of contract. In internet shopping or contract for insurance, a buyer is required to accept terms of contract, which is written in small letters on pages. There were troubles over some description secretly inserted by seller. New rule will dismiss a contract that is unilaterally disadvantageous to buyer. Changing terms of contract can be done only when it leads to the benefit of consumer

If a man drinks a lot in a bar and put his payment on his charge account, the credit will be invalid in one year in current law. That expiration will be extended to five years in new rule. It is for integrating all kinds of prescription to five years. Two-year expiration for counseling fee to lawyer, three-year expiration for payment for medical treatment and payments in all other cases will be extended to five years. That may not be the protection of consumers, anyway.

It is necessary for disabled old people to be protected by law from malicious contractors. A lot of thefts have been reported to police, in which victims lost great amount of money. However, the more the government overprotects the people, the less they become immune to carpetbaggers. It is important to distinguish the people who really need to be protected from independent economic activities with appropriate assessment on contracts.