Identity Guarantee

Japan’s Act on Identity Guarantees, Mimoto hoshō ni kansuru hōritsu, dates from 1933. It governs the mimoto hoshō contract, in which a guarantor promises to pay for damage that an employer suffers through the actions of an employee.

A contract without a fixed term runs for three years, or five years for apprentices in commerce and industry. A fixed term may not exceed five years. In setting the guarantor’s liability, a court considers, among other things, whether the employer was at fault in supervising the employee and why the guarantor agreed to give the guarantee.

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