The Basics and Practice of General Terms and Conditions

Authors： Motoi Shimadera Aiko Hosokawa Naoya Kobayashi
Magazine/Book：The Basics and Practice of General Terms and Conditions
Publisher：Shojihomu Co., Ltd.
Practice： Consultations on Consumer Contracts, Terms of Use, and the Act on Specified Commercial Transactions Injunction Demands and Lawsuits General Corporate Practice
Date of publication： January, 2020

Other publications by Motoi Shimadera

2023.03.25
Legal Status of an Insurance Beneficiary under the Insurance Act: Changes to the Rule and Its Effects on Legal Interpretation
2022.02.14
6000 Legal Measures for Financial Institutions
2021.08.01
Theory and Practice of Commercial Lines Insurance
2021.06.10
Points to Consider when Reviewing Directors and Officers (D&O) Liability Insurance” including Utilization of Various Special Clauses in Line with the Business Environment
2020.11.15
Issues in Interpretation of Insurance Law from a Practitioner's Perspective
2019.08.01
The Revised Civil Code and Practices on Insurance Business
2019.02.01
Termination of an Insurance Contract due to a Material Event of Default Caused by a Duplication of Policy Coverage
2019.02.01
Review of the “Principle of Indivisibility of Premium” under the Insurance Act
2018.12.01
Interpretation Issues Concerning Duty of Disclosure under the Insurance Act
2018.03.01
Termination of an Automobile Insurance Contract by the Policyholder’s Creditor
2018.01.01
Despite Being Prepared for Management Risks, There May Still be Unexpected Risks! - Pitfalls of ‘Business Insurance’
2017.09.01
Practices Unforeseen at the Enactment of the Insurance Act and Issues for the Future - Focusing Mainly on the Issue Concerning One-sided Mandatory Rules
2017.02.28
Practices on Directors and Officers (D&O) Liability Insurance
2016.12.26
Derivative Actions, and Directors and Officers (D&O) Liability Insurance
2014.10.05
Corporate Rehabilitation Clinic (No. 46): “The Reorganization Case of Chotokan (Grand Hotel Hamamatsu) - DIP Corporate Reorganization of a Hotel Business Rooted in the Regional Economy”
2013.09.01
Policy Terms of Cooperative Insurance, Are They Good Enough? – Study of Insurance Policy Terms as a ‘Contract,’
2013.04.01
Points to Note in Concluding into Insurance Contract for Company Properties or Liability for Damages
2013.03.01
On the Third Anniversary of the Enforcement of the Insurance Act
2012.12.01
Insured Accident Caused by a Third Party and Discharge of the Insurer’s Liability
2012.10.01
[Special Topic] Use of Business Insurance and its Legal Risks / Points to be Checked on Business Insurance Contracts
2012.06.15
Benefits and Potential Legal Risks of Business Insurance
2012.04.01
Scope of Subrogated Claims under Personal Injury Insurance
2012.03.15
Manifestation of Intention to Change Insurance Beneficiary(ies)
2011.07.15
The Latest Insurance Circumstances
2011.05.15
Examination of the DIP-Type Corporate Reorganization - Spansion Japan (3) Issues on Concurrent Bankruptcy in U.S-Japan
2011.04.15
Examination of the DIP-Type Corporate Reorganization - Spansion Japan (1) Corporate Reorganization Proceedings on Spansion Japan
2010.05.25
A Consideration on Cancellation Filing by Insured
2010.04.30
New Practice of the General (or non-life) Insurance, Commentaries on the General Insurance Investigation Practice under the Insurance Law
2010.04.25
Commentaries on Insurance Law -Life Insurance / Fixed Return Accident and Health Insurance
2009.06.15
Revised Guidelines for Supervision on the New Insurance Law
2009.05.25
Series of Questions & Answers, Questions & Answers on Insurance Law
2009.04.01
The Effects of the New Insurance Law on Insurance Sales at Banks
2008.11.23
New Insurance Law - the book to read first!
2008.09.01
Commentaries on Insurance Law (1)-(5)
2008.07.01
Law on Insurance Framing and Drafting Materials - Overview of the New Law, Old and New Chart
2004.03.03
Theories, Practices, Formats Concerning the New Corporate Reorganization as a Practitioner of a Trustee
2003.09.01
Recent Reform of Japan’s Corporate Reorganization Act(co-authored)

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2024.03.19
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2023.09.13
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2022.03.15
The Court of Arbitration for Sport (CAS) Case Reports at Beijing 2022 Winter Olympic Games – Topics ranging from a Summary of CAS Olympic Arbitrations to Ms. Valieva’s Case
2022.03.04
The Court of Arbitration for Sport (CAS) Case Reports at Beijing 2022 Winter Olympic Games – Topics ranging from a Summary of CAS Olympic Arbitrations to Ms. Valieva’s Case
2021.09.24
JCAA's Amended Expedited Arbitration Procedures, Reduced Administrative Fees and New Appointing Authority Rules
2021.06.11
DELOS Guide to Arbitration Places (GAP)　- Japan Chapter
2020.12.10
Report of a German Case - Admissibility of a Dissenting Opinion in an Arbitral Award in Germany? -
2020.09.30
New Arbitration Rules Based on the Civil Law Tradition ―The 2018 DIS Arbitration Rules, the Prague Rules, and the JCAA Interactive Arbitration Rules
2020.01.24
Main Points of the Civil Code Reform regarding the Statutory Interest Rate
2020.01.24
Main Points of the Civil Code Reform regarding the Statute of Limitations
2020.01.21
DELOS Guide to Arbitration Places (GAP)　- Japan Chapter
2019.06.28
The New Interactive Arbitration Rules of the Japan Commercial Arbitration Association
2018.12.19
The “Sharing Economy” in Japan
2018.10.26
The New DIS Arbitration Rules 2018: Germany's Offer of an Attractive Arbitration Alternative for Asian Parties
2018.06.22
Japanese Supreme Court Provides Guidance on Arbitrator’s Duty to Disclose a Potential Conflict of Interest in an International Arbitration
2018.06.13
The New DIS Arbitration Rules 2018 - Germany's Offer of an Attractive Arbitration Alternative - [JCA Journal, June 2018 Issue]
2018.05.01
Learning about the Amendment to Laws on Obligations through Case Studies
2018.02.16
An Introduction to International Arbitration (2) – A comparative perspective – [JCA Journal, February 2018 Issue]
2018.01.16
An Introduction to International Arbitration (1) – A comparative perspective – [JCA Journal, January 2018 Issue]
2018.01.11
Report on the Arbitration Academy 2017 [JCA Journal, November 2017 Issue]

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[Series]Course on the Specified Commercial Transactions Act for Corporate Legal Affairs (Part Ⅱ) - Regulatory overview and latest developments in e-commerce (2)
2025.03.15
[New Series] Course on the Specified Commercial Transactions Act for Corporate Legal Affairs (Part I) - Regulatory overview and latest developments in e-commerce (1)
2024.10.28
What are the Laws and Regulations Governing Cross-border E-commerce? With a Focus on the Risks of Consumer Protection Laws in the U.S. and the EU
2024.09.01
Legal Affairs for Companies Expanding Overseas: Consumer Protection issues
2024.06.28
Overview of Responsive Actions to Defamatory Posts
2024.06.18
Panoramic: Defence & Security Procurement 2024 – Japan
2024.04.01
The Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers and Responses to be Taken by Companies
2022.12.21
[Practical Explanation] Commentary on the 2022 Revisions on the Consumer Contract Act and the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers by a Legislator
2021.05.15
[Series] E-Commerce Practices (No.9):Overview and Summary of Recent Legislative Trends related to E-Commerce
2021.04.16
Learn through Q&A : A Practical Guide to the Subcontracting Act for each Industry
2021.04.15
[Series] E-Commerce Practices (No.8):Points to Keep in Mind in Making Representations on Websites (2)
2021.03.15
[Series] E-Commerce Practices (No.7):Points to Keep in Mind in Making Representations on Websites (1)
2021.02.15
[Series] E-Commerce Practices (No.6): Points to Keep in Mind regarding Application and Amendment of Terms and Conditions
2020.12.15
Special Topic: A Commentary on the Impact on Practices of the Judgment Rendered by the Tokyo High Court on November 5, 2020 on the Terms of Use ーFrom the Perspective of Business Practices under Consumer Laws (i.e. Business Operators’ Side)
2020.12.15
[Series] E-Commerce Practices (No. 5): Points to Note in Drafting Terms and Conditions (5)
2020.11.15
[Series] E-Commerce Practices (No. 4): Points to Note in Drafting Terms and Conditions (4)
2020.10.15
[Series] E-Commerce Practices (No. 3): Points to Note in Drafting Terms and Conditions (3)
2020.09.15
[Series] E-Commerce Practices (No. 2): Points to Note in Drafting Terms and Conditions (2)
2020.08.15
[Series] E-Commerce Practices (No. 1): Points to Note in Drafting Terms and Conditions (1)
2019.11.21
Relationshipbetween Free Accessory Services and the Rules for Amending Standard FormContracts - Issues Surrounding Point Service Systems, etc.

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Q&As concerning the Practice of the Companies Act I (Vol. 1 & 2) to VII
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[To be Enforced on June 1, 2022 and thereafter] What is the Revision of the Act on Specified Commercial Transactions? An Easy-to-Understand Commentary on the Revised Act
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Companies Act Case Exercise Materials 4th edition
2022.01.01
Standard Commercial Code I: General Provisions/Commercial Transactions Law of the Commercial Code 2nd edition
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[Series] E-Commerce Practices （Points to Note in Drafting Terms and Conditions.etc.） (No. 12):Points to Note regarding Personal Data Protection (3)
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[Series] E-Commerce Practices （Points to Note in Drafting Terms and Conditions.etc.） (No. 11):Points to Note regarding Personal Data Protection (2)
2021.10.13
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2021.09.15
[Series] E-Commerce Practices （Points to Note in Drafting Terms and Conditions.etc.） (No. 10) :Points to Note regarding Personal Data Protection (1)
2021.07.30
Explanation of the Main Points: Revised Industrial Competitiveness Enhancement Act (2) - Focus on Venture Support, Business Restructuring and Business Rehabilitation
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Explanation of the Main Points: Revised Industrial Competitiveness Enhancement Act (1) - Focus on Regulatory Reform and Virtual-only General Meetings of Shareholders
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[Series] E-Commerce Practices (No.9):Overview and Summary of Recent Legislative Trends related to E-Commerce
2021.05.07
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2021.04.02
Points to Consider in M&A Practice Using "Share Delivery" – Based on Tax Reform and Tender Offer Regulations
2021.03.15
[Series] E-Commerce Practices (No.7):Points to Keep in Mind in Making Representations on Websites (1)
2021.03.01
COVID-19 and Corporate Legal Affairs – Legal Issues during/after COVID-19
2021.02.15
[Series] E-Commerce Practices (No.6): Points to Keep in Mind regarding Application and Amendment of Terms and Conditions
2021.01.01
Amendment of the Companies Act in 2019 (3) – Remuneration of Directors, etc.
2021.01.01
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2021 Book Guide for Legal Affairs "Updates to Common Business Sense in Response to Changes in the Social Environment" -Business Law Journal, February 2021 Issue
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Special Topic: A Commentary on the Impact on Practices of the Judgment Rendered by the Tokyo High Court on November 5, 2020 on the Terms of Use ーFrom the Perspective of Business Practices under Consumer Laws (i.e. Business Operators’ Side)
2020.12.15
[Series] E-Commerce Practices (No. 5): Points to Note in Drafting Terms and Conditions (5)
2020.11.20
Corporate Compliance on Utilization of External Human Resources - Intersection of Antimonopoly Act and Employment Law
2020.11.15
[Series] E-Commerce Practices (No. 4): Points to Note in Drafting Terms and Conditions (4)
2020.10.15
[Series] E-Commerce Practices (No. 3): Points to Note in Drafting Terms and Conditions (3)
2020.10.01
Direct Enforcement of Covenants – With Reference to the Judgment of the Tokyo High Court on January 22, 2020 (p.8, The Financial and Business Law Precedents No. 1592)
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[Series] E-Commerce Practices (No. 2): Points to Note in Drafting Terms and Conditions (2)
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Cooperation with the Internal Audit Division and Financial Auditor
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[Series] E-Commerce Practices (No. 1): Points to Note in Drafting Terms and Conditions (1)
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Integrating ESG Elements into “Stewardship Responsibilities” Outline of Revised Stewardship Code and Corporate Responses Thereto
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The Basics and Practice of General Terms and Conditions
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Dictionary of Contract Terms (Revised Edition)
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【Series】 Key Principles and Practice in English Contract Law (END) - Article (23) Remedies for Breach of Contract [JCA Journal, December 2019 Issue]
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【Series】 Key Principles and Practice in English Contract Law - Article (22) Discharge of Contract [JCA Journal, November 2019 Issue]
2019.10.10
【Series】 Key Principles and Practice in English Contract Law - Article (21) Discharge of Contract [JCA Journal, October 2019 Issue]
2019.08.10
【Series】 Key Principles and Practice in English Contract Law - Article (20) Vitiating Factors/Factors Tending to Defeat Contractual Liability [JCA Journal, August 2019 Issue]
2019.07.10
【Series】 Key Principles and Practice in English Contract Law - Article (19) Vitiating Factors/Factors Tending to Defeat Contractual Liability [JCA Journal, July 2019 Issue]
2019.07.01
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2019.07.01
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2019.06.10
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2019.05.10
【Series】 Key Principles and Practice in English Contract Law - Article (17) Vitiating Factors/Factors Tending to Defeat Contractual Liability [JCA Journal, May 2019 Issue]
2019.04.10
【Series】 Key Principles and Practice in English Contract Law - Article (16) Vitiating Factors/Factors Tending to Defeat Contractual Liability [JCA Journal, April 2019 Issue]
2019.04.01
Important Points of and Commentary on the Draft Outline of the Amendments to the Companies Act
2019.03.10
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2019.02.10
【Series】 Key Principles and Practice in English Contract Law - Article (14) Problems after Concluding a Contract [JCA Journal, February 2019 Issue]
2019.01.10
【Series】 Key Principles and Practice in English Contract Law - Article (13) Problems after Concluding a Contract [JCA Journal, January 2019 Issue]
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The “Sharing Economy” in Japan
2018.12.14
【Series】Key Principles and Practice in English Contract Law - Article (12) Problems after Concluding a Contract [JCA Journal, December 2018 Issue]
2018.11.20
【Series】Key Principles and Practice in English Contract Law - Article (11) Privity of Contract and Third Parties [JCA Journal, November 2018 Issue]
2018.10.17
【Series】Key Principles and Practice in English Contract Law - Article (10) For the formation of a valid, binding and enforceable contract (II) [JCA Journal, October 2018 Issue]
2018.09.14
【Series】Key Principles and Practice in English Contract Law - Article (9) For the formation of a valid, binding and enforceable contract (II) [JCA Journal, September 2018 Issue]
2018.08.31
【Series】Key Principles and Practice in English Contract Law - Article (8) For the formation of a valid, binding and enforceable contract (II) [JCA Journal, August 2018 Issue]
2018.08.28
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2018.08.10
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2018.08.07
Sample of a Manufacturing Agreement, and Points in Revising the Provisions in accordance with the Amended Civil Code
2018.07.24
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2018.07.19
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2018.07.04
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2018.07.02
Important Points of and Commentary on the Interim Draft of the Amendments to the Companies Act
2018.06.13
【Series】Key Principles and Practice in English Contract Law - Article (6) For the formation of a valid, binding and enforceable contract (II) [JCA Journal, June 2018 Issue]
2018.05.17
【Series】Key Principles and Practice in English Contract Law - Article (5) For the formation of a valid, binding and enforceable contract (II) [JCA Journal, May 2018 Issue]
2018.05.01
Learning about the Amendment to Laws on Obligations through Case Studies
2018.04.18
【Series】Key Principles and Practice in English Contract Law - Article (4) For the formation of a valid, binding and enforceable contract (I) [JCA Journal, April 2018 Issue]
2018.03.16
【Series】Key Principles and Practice in English Contract Law - Article (3) For the formation of a valid, binding and enforceable contract (I) [JCA Journal, March 2018 Issue]
2018.02.14
【Series】Key Principles and Practice in English Contract Law - Article (2) For the formation of a valid, binding and enforceable contract (I) [JCA Journal, February 2018 Issue]
2018.01.16
【Series】Key Principles and Practice in English Contract Law - Article (1) Introduction [JCA Journal, January 2018 Issue]
2018.01.01
Standard Commercial Code I: General Provisions/Commercial Transactions Law of the Commercial Code
2017.12.19
The Legal System of Hong Kong as an international business hub (Part 3)
2017.11.29
The Legal System of Hong Kong as an international business hub (Part 2)
2017.10.16
The Legal System of Hong Kong as an international business hub
2017.07.21
Establishment of the First Law on Sharing Economy -Gist of the New “Minpaku” Law
2016.01.01
Case Study: Companies Act
2015.01.01
Introduction to the Modern Companies Act 4th edition
2015.01.01
Primary Companies Act 4th edition
2013.01.01
Abusive Company Split and Right to Demand Revocation of a Fraudulent Act (Vol. 1 & 2)
2011.08.01
Dictionary of Contract Terms
2011.01.01
Supreme Court’s Decision in the Rakuten vs. TBS Case concerning Determination of the Stock Purchase Price and the Reference Time for the Calculation of a Fair Price
2009.01.01
Headhunting of Employees and Directors’ Duty of Loyalty
2009.01.01
Competitive Transactions/Transactions Involving Conflict of Interest and Directors
2007.01.01
Companies Act Case Exercise Materials
2007.01.01
Introduction to the Modern Companies Act
2005.09.01
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2002.01.01
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2000.02.01
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The Basics and Practice of General Terms and Conditions

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