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The List of Status of Residence Annexed Table I
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Legal Line for international residents in Japan
Q: What qualifications are required for a foreigner to reside in Japan? A: Any foreigner entering and residing in Japan cannot stay in Japan without status of residence stipulated by the Immigration Control and Refugee Recognition Act. The Immigration Control and Refugee Recognition Act, Article 3, stipulates many types of status of residence. According to this provision, the designation , for example, indicates the status of temporary Visitor, while signifies the status of student. The status of residence and the period of stay as provided for in the Immigration Control and Refugee Recognition Act are listed down separately. The scope of activities in which a foreigner residing in Japan may engage is limited by his/her Status of residence. If he/she desires to engage in any activity other than that permitted under his/her status of residence, he/she must receive permission from the Immigration authorities.
Q: Under what circumstances may a foreigner be deported from Japan? A: -Any person who is clearly found to be engaged solely in an activity other than permitted under his present status of residence. -Any person who stays in Japan beyond his authorized period of stay. -Any person who comes under the following items may also be deported from Japan. -Any person who has been sentenced to imprisonment or a heavier penalty for violation of the provision of the Alien registration law except when its execution is suspended; -Any person who has been sentenced to imprisonment exceeding three years by the Juvenile Law; -Any person who has been convicted of violation of the provisions of the narcotics Control Law, Marijuana Control Law, opium Law, stimulants control Law; -Any person who has been sentenced to imprisonment for life or for a period exceeding one year except when its execution is suspended; -Any person who is engaged in any business connected with prostitution; -Any person who has incited, instigated or aided the illegal entry or illegal landing; -Any person who is engaged in acts of destructive violence; -Any person whom the Minister of Justice finds has Committed acts detrimental to the interests security of Japan. Q: When a foreigner desires to change his status of residence, what procedures should be taken? A: Any foreigner must apply to the Minister of justice for the change of status of residence and obtain the permission in case a change of situation arises and, thus, forms the basis of a new status of residence. For example, this permission is required when a temporary visitor is married to a Japanese national or a student has come to be employed in a Japanese company. In applying for a change of status of residence, one must ex-plain in detail reasonable grounds for the change of status and submit the application forms and other necessary supporting documents. However, an application will not necessarily approved. In case a foreigner is formally married to a Japanese national, the change of status of residence to Spouse or Child of Japanese National may be readily acknowledged unless it is discovered to be a fake marriage. But other applications for change of status will be decided on a case-to- case basis. Application for Recognition of Refugee Q: When can one apply for recognition of refugee status? A: The term Refugees shall apply to those refugee as stipulated in the Refugee convention. As defined in the Refugee convention, a refugee is any person, owing to well-founded fear of being persecuted for reason of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable to, or is unwilling to avail himself of the protection of that country; or who, not having a nationality and being out-side the country of his former habitual residence as a result of such event, is unable or, owing to such fear, is unwilling to return to it. If a Foreigner deems himself to be a refugee under any one of the above categories, he can submit an application for recognition of refugee status to the minister of Justice. However, the Ministry of Justice, strictly adhering to the definition of Refugee, will not acknowledge unless some corroborating facts exist to support his claim, such as concrete proofs of his being persecuted in his home country. Procedures For Recognition of Refugee Q: What procedures should be taken in applying for recognition of refugee status? A: In applying for recognition of refugee status, an application must be submitted to the Minister of Justice at the nearest Immigration office within 60 days after landing in Japan, or with in 60 days after the applicant became aware of the fact that he is a refugee due to developments of circumstances during his stay in Japan . If it can be shown that the application was really impossible due to unavoidable circumstances, such as illness or traffic disruption etc., the application will be accepted even if 60 days had elapsed. The application for recognition of refugee status should be made by submitting a duly completed application in duplicate, together with two copies of a 5 cm x 5 cm photograph to the Immigration Office. Forms are available at the Immigration Office. Whenever available, presentation of any documented materials to prove he is a refugee may also be required. As part of the application procedures, an investigation and hearing of the applicant's case will be conducted by the Refugee Inquirer of the Immigration Office, and then the Minster of Justice will determine whether the applicant is a refugee, This process, from the time of the filing of the application until a decision is reached, may take about one year. should the recognition of refugee status be not approved, the applicant may file an appeal for reconsideration with the Minister of Justice with 7 days from receipt of notification. If this appeal is also not approved , he may lodge an administrative complaint with the District Court within 90 days from the day of receipt of the notification. Effects of Recognition of Refugee Q: What is the legal effect of recognition of refugee status? A: A grant of the refugee status by the Minister of justice has an effect in terms of residence status, of treatment in regard to permanent residence, of issuance of refugee travel document etc. When the recognition of refugee status has been made, the refugee can stay in Japan with a status of residence unless there arise special unavoidable circumstances. The status of residence given for recognized refugee is Long Term Resident with an initial period of stay of one year, which will be renewed thereafter by a three-year period. When a foreigner residing in Japan travels temporarily abroad with intention to re-enter to continue his residence in Japan, he does not need to obtain a new visa from a Japanese Embassy or consulate abroad if he has received a re-entry permission from the Immigration Office before he leaves Japan. However, if a refugee wishes to travel Document and, in this case, the re-entry permission will not be required . The terms of validity of refugee Travel Document shall be one year. If a foreign resident shall apply for permission of permanent residence, the permission is granted only when he, least, fulfills two conditions: -that he is of upright conduct: -that he has sufficient assents of ability to make an independent living.: However, if a person who has been recognized as a refugee applies for permanent residence, the Minister of Justice may give permission despite of the above (2), and even if he has not continuously resided in Japan for 5 years, but 3 years. The terms for permanent residence permission become a lot easier to meet. The marriage or divorce of residing in Japan shall be governed by the country of his domicile or, if he has no domicile, by the law of Japan as the country of his residence (The Refugee convention article 12). Q: How can foreigner obtain a special residence permit? A: As explained earlier, any foreigner cannot stay in Japan without status of residence as provided in the Immigration Control Act. However, other than the fixed types of status of residence stipulated by the law, there are also cases where the Minister of Justice recognizes certain types of status residence at his discretion. This is called the special residence permission, indicated by a provision falling under Long Term Resident. Under what conditions, then, is the special residence Permission granted? Although there is no clear-cut official statement on this matter, the Minister of Justice can grant a special residence permission when he sees it fit to recognize the person's entry and residence. There are also cases of special permission proved as a result of complaints filed with the justice Minister to reconsider the deportation order. Other than those considered purely as Indo-chinese Refugees who have been officially granted residence in Japan, there are also cases of displaced persons(Refugees)who have illegally entered Japan and stayed behind, but have been granted special residence permission. Period of Stay Based On Special Residence Permission Q: Given the special residence permission, what becomes of the Person's period of stay? Again, how does this differ from that of the refugee-recognition status? A: The period of stay based on the special residence Permission is up to a period of three years, as determined by the Minister of Justice. Depending on varied circumstances, it is fixed at 3 months, 6 months, 1 year and 3 years. For Indo-Chinese Refugees, it is one year on the first application and then a three-year period after the third renewal. When a refugee -recognition status is granted, it is not difficult to obtain a permanent residence permission thereafter. Furthermore, on travels abroad the refugee is issued the Refugee-Travel Documents which is not issued to holders of special resident status. Other than these points there are no marked differences. Permanent Residence Permission Q: What is the permission for permanent residence and how does a foreigner obtain it? A: when one obtains a permanent residence permission, the period of stay becomes permanent and application for extension of period of stay is no longer required. Therefore, he can stay in Japan for lifetime. There are four kinds of Permission for permanent residence, each one of which has different legal basis and treatment as follows: 1-permanent Residence permission by Agreement This is based on The Agreement on the Legal status and Treatment of the Nationals of the Republic of Korea Residing in Japan between Japan and the Republic of Korea. Koreans who have continuously resided in Japan since before the end of the World War 2nd and Their lineal descendants can obtains for permanent residence permission. 2. Permanent Residence Permission by Exception Before the end of the World War 2, many Koreans and Taiwanese from the then colonies of Japan, Korea and Taiwan, came to Japan for varied reasons and settled here. They then possessed Japanese nationality, but lost it as a result of the defeat of Japan in the war .The problem of residence status for persons and their descendants who are nationals of the South Korea has been solved as they were granted the above-mentioned permanent residence permission by the Agreement. In contrast, the Taiwanese was nullified and in its place the special residence Per-mission was exceptionally granted to them. These persons fall under the Law 126, which then forms the legal basis of their residence. However, under the Revised Immigration- control and Refugee-Recognition Act of 1982, those Koreans who do not possesses South Korean Nationality, Taiwanese, including their descendants, who have continuously resided in Japan since before World War 2nd, they could be granted permanent residence status without having to comply with the requirements for permanent residence permission. 3. permanent Residence permission for people Who have Been Recognized as Refugees. For a persons who has obtained refugee recognition, if he has resided in Japan for more than 5 years and is of upright conduct, he can be granted the permanent residence status even if he does not meet the condition of sufficient assets of ability to make an independent living , which is required for foreigners in general. For foreigners in general to be granted the permanent residence status, the following conditions must be met: 1-that he has continuously resided in Japan for 5 years or more; 2-that he is of upright conduct; 3-that he has the sufficient assets or ability to make an independent living. conditions 2 and 3 are not necessary for foreigners who are spouses/dependents or children of Japanese nationals or of those who have permanent residence status. The permission for permanent residence status is not always necessarily approved even if all the conditions are met. The Permission for permanent residence depends on the decision of the Minister of Justice after weighing all the merits and demerits of each case. Naturalization and Its Requirements Q: What are required for naturalization in Japan? A: notwithstanding a long in Japan or marriage to a Japanese national, a foreigner cannot obtain a Japanese nationality. Even if a foreigner is born in Japan, he or she is not necessarily entitled to a Japanese nationality. A foreigner who wishes to obtain Japanese nationality must undergo the process of naturalization. There are certain conditions provided by law for naturalization. The Minister of Justice will grant naturalization only to those foreigners who can satisfactorily meet with them. The conditions are as follows: 1-that the person has continuously lived in Japan for more than 5 years; 2-that the person is 20 years of age and over and of full capacity according to the laws of his home country; 3- that the persons is of upright conduct; 4-that the person has the sufficient assents and the ability to make a living for himself and the menders of his family; 5- that the person has no nationality, or on acquiring Japanese nationality. (There are exceptions to this as enumerated below.) 6-that the person has never plotted or advocated, nor formed or belonged to a political party or other organizations plotting or advocating the overthrow of the Japanese Constitution or government existing thereunder. 1. Exception to renunciation of Nationality In case where the laws of his home country do not recognize renunciation of nationality, he cannot renounce his nationality on his own will. In such a case, the Justice Minister can grant Permission for naturalization while the person still holds the nationality of the country other than Japan. If the person has a spouse or parents of Japanese national or is in special circumstances therein, such a case falls under this category. Indo-Chinese Refugees, who cannot renounce the nationality of their home country, are treated as a case under special circumstances. Whenever a foreigner obtains Japanese nationality by naturalization while holding the nationality of his home country, he must take steps to renounce his other nationality or, if it is not possible, to make a declaration of renunciation of his nationality other than Japanese. 2..A foreigner having residence in Japan does not need to fulfill the first condition of five years' residence if he falls under any of the following; a- a child of a former Japanese national(except adopted child)with more than three years of consecutive residence, or dwelling place in Japan; b- a person born in Japan with more than three years of consecutive residence, or with parents(except adoptive parents)who were born in Japan; c-a person who has continuously resided in Japan for more than 10 years. 3. The Minister of Justice can grant permission for naturalization to the following foreigners without requiring the first and second conditions mentioned above: a- a spouse of a Japanese national with residence of more than 3 years in Japanese national with residing in Japan; b- a spouse of a Japanese national, who has continuously resided in Japan for more than 1 year in the period (marriage registration date.) 4 .The Minister of Justice can grant permission for naturalization to the following foreigners without requiring the first, second, and fourth conditions: a- a child of a Japanese national(excluding adopted child) residing in Japan; b-an adopted child of a Japanese national with more than one year residence in Japan, but was a minor at the time of adoption; c- a person who has lost Japanese nationality but still residing in Japan; d- a person born in Japan who has no nationality since the time of birth but has continuously resided in Japan for more than 3 years after birth. Application for Naturalization Q: How should one apply for naturalization? A: The application for naturalization should be submitted to the Justice Minister at the regional or district Legal Affairs Bureau of the Minster of Justice. since it is necessary to submit may complicated documents when one makes an application for naturalization, prior consultation with the Legal Affairs bureau is advisable. As already stated earlier, even if the conditions for naturalization are fully met, it does not necessarily mean that the permission will be granted, as it merely entitles him or her to start an application process. A person who is to stay in Japan After having obtained Japanese nationality through naturalization has to be listed in the census record at the municipal office of the city , town, or village of Japan, at the Japanese consular office abroad. Upon notification, he will be entered in the census register as a Japanese national.
Q: Can the rights which the Constitution of Japan guarantees to its people be likewise guaranteed to a foreigner? Are there limitations for a foreigner? A: The fundamental human rights, as guaranteed in the Constitution, are interpreted as to be guaranteed also to foreigners residing in Japan except, in view of the nature of rights, people. There are, however cases where human rights are guaranteed to foreigners under certain restrictions. The suffrage is a right given to the Japanese National only Even the right to elect the members of the National Diet, the head of the local assembly (governor, head of City, town, and village the members of the assembly, and the right to run as a candidate for any of these positions-these rights are not, in any way, given to foreigners. Therefore, a foreigner cannot engage in electioneering canvassing for election of the local assembly. By electioneering canvassing for election of the members of the local assembly. By electioneering is meant engaging in activities as to make a candidate win or to prevent him from being elected. however, there are no impediments for foreigners to engage in simple labor work, i.e. clerical staff in an election campaign office, or driver of campaign vehicles during the election campaign office, or driver of campaign vehicles during the election campaign period. Definitely, a foreigner is not allowed to engage in such activities as establishing political associations whose aim is to Intervene directly in the national administration of Japan or overthrow it. Foreigners, however, can from a group or hold meetings and demonstrations in order to achieve the demands arising from their day- to- day life. Working for public office in the central or local self- government body can be one of the political rights a foreigner can exercise, but at the moment that possibility is remote. Except national and public universities that can employ foreigners as professor, assistant professor, or instructor, there is no way for foreigners to be civil servant in Japan. Although there are foreigner school- teachers in certain public elementary, junior high and senior high schools, which is another remarkable exception, their employment as regular teacher is not accepted by the local self-government body. In the meantime, some foreigners have been employed as regular instructor, but, only as a result of public campaigns by may volunteer groups who could successfully appeal first to public opinion. Various aspects of a foreigner's activities are limited depending on his status College Student, is in principle, not allowed to engage in work. At present, however, the students are allowed to engage in a limited number of hours of part-time work with the permission of the Immigration authorities. A foreigner is allowed to own real estate property provided there are no restrictions imposed to Japanese nationals in such ownership in his home country. There are certain names of stokes such as NTT (Japan Telephone and Telegraph Company),etc., of which acquisition by foreigners is not allowed.
Q: What taxes should a foreigner pay? A: A foreigner who has income deriving from business or a work, or owns real estate property has to pay taxes in compliance with the Japanese laws. The following are the main taxes which the foreigner is supposed to pay. 1-National Tax: (paid to the central government) Income tax: levied on income derived from salaries and wages, from business operations, or from disposal of real estate and other properties, Gift tax: levied on gifts in terms of property or money exceeding 600,000 yen in a year; Inheritance tax: levied on inheriting property beyond the fixed amount upon the death of parents or suppose; Stamp duties: paid in the from of a fixed amount of stamps according to the species and amount of contract, receipt deposit passbook, promissory note, bill of exchange etc. Registration license tax: levied on real estate Registration, or on various registrations required by corporation; Customs duty: levied on goods brought in from abroad. Customs tax: levied on consumers of goods and services, 3% Tariff and amount of tax are based on the type of article 2-Local Taxes: (paid to the prefectures, cities, wards, towns and villages) Prefectural inhabitant's tax/municipal Inhabitants tax of city, ward town and village: This is called the local Inhabitants tax, levied on the inhabitants of the City, ward, town and village and on owners of business establishments and corporations; Enterprise tax: tax levied on individuals or corporations engaged in commerce or other types of business. Fixed property tax: levied on persons owing buildings and lands, etc. Auto tax, light auto tax: levied on persons owing automobiles and light automobiles; Consumption tax: levied consumers in restaurants, coffee shops, travel inns, etc. National Health Insurance tax: insurance premium etc. levied on members of the National Health Insurance. Q: What should one do not seek employment? Can one avail of the services of the Employment Security Agency? A:1- To obtain work, one has to look for a company that is willing to employ him, and he who has the skills is naturally in the position to obtain a stable income. If he had obtained that skill in his own country, he should be able to make the best use of it. If, however, at present he does not have any skills at all, he can attend a skills training school to obtain one and there-after can start looking for employment. There are only a few large enterprises in Japan, while small- to- medium scale enterprises are countless in number. The salary, the working hours, vacation, and the working conditions vary depending on the size of the enterprise. As a whole, the employees in the large enterprises are stable. As the large enterprises employ only new graduates immediately after graduation, only a few can be employed. However, even in the small-to-work with a certain degree of whether he can get along well with the other employees and live a happy life more important than the size of the enterprise. a- Public Security Employment Office The public Security Employment Office provides information on job, guidance, and assists persons in getting admission at employment skills training schools. Ordinarily, these offices are found in big cities, and if one does not know the place, he should make inquiries at the city or ward public office, he should indicate the desired conditions, such as the type of employment, salary, number of working hours, and the area. After obtaining an introduction to the company of his choice, he should at once proceed to the said company for an interview. If both the employer and the applicant are agreed on the terms of work, the employment is decided. According to the officer- in- charge of this agency, there are no special qualifications required of foreigners. However, to cite actual problems based on their experience, he said it is extremely difficult to introduce a foreigner who cannot speak Japanese at all, or one who comes on a short period of stay, as on a tourist visa. b- Employment Through Schools For a person who goes to a high school, or to a technical school, or to a university, he can consult with the teacher in- charge of his class and with the employment officer-in-charge. There are job offers from companies addressed directly to schools. The recruiting period is usually conducted in the summer-to- winter period. If one gets employed, he will start working in April of the following year after graduation. It is said that, most new graduates, this types of job- hunting is popular. c- Help- Wanted Advertisements in Newspapers and Magazines. One can also look employment in the Help-Wanted advertisements in the newspapers and magazines, in information magazines which specialize in advertising job vacancies ( sold a train station stalls),in handbills inserted in the page of the newspapers. There are also many types of part-time work recruitment found in " arubaito" (part-time work). If one finds the right company, he should go and see for him self the conditions of the place of work and then ask for Recruitment. d- Over-the- Counter Recruitment At the entrance of, or, inside the company, at small shops and coffee shops, or at dining-hall entrance are posted fly sheets for job openings. Direct application and inquiry about the nature of the work can be made through the is counter. e- Introduction by Friends This method is also used quite often, but it is important that one decides only after verifying the work conditions. In any case, whichever method one chooses, he should prepare his personal history or bio-data sheet and have a guarantor on hand. Unjust Dismissal and Measures for Remedy Q:What's work dismissal? In case of unfair dismissal, What types of remedies are there? A: The employment contract can be terminated one-sidely, either by the expression of the will of the worker, or of the employer. An expression of the will of the employer to terminate the services of the worker is called dismissal. A dismissal based on a one-sided decision by the employer is nothing but depriving the worker of his means of livelihood, or is even an intimidation on the worker's life. The employer, from the point of view of protecting the worker, cannot freely dismiss the worker; dismissals are limited to situations where there is a just reason or reasons. In Japan there is a general thinking that when the right to dismiss is abused, dismissals lose their validity, and the court even concurs with this thinking. Under what circumstances should dismissal be exercised is clearly stipulated in the work rule. The work rule defines ordinary discharge and disciplinary action discharge Sanctions are meted out to a worker who has disrupted the industrial order; he is given admonitions, as well, in the hope of deterring the other workers from such disruptive behavior. The work rule clearly specifies the types of behavior and their corresponding sanctions in order to establish regulations on disciplinary action. Mainly, there are four types of sanction: making one responsible for statements, work suspension, reduction of wages, and disciplinary action dismissal. The disciplinary action dismissal is different from the ordinary dismissal. Whereas the ordinary dismissal, provides retirement allowance, the disciplinary action dismissal. as a from of sanction, does not and is rendered by the court as a kind of death sentence in a criminal case. Unless the offense is very grave, the disciplinary action dismissal will not be upheld by the court. Generally, ordinary dismissal is resorted by employers when a worker lacks the labor skill or has low productivity, or when the temporary staff have to be laid off, or when there is a need for personnel reorganization owing to poor management. These circumstances, however, are still subject to court interpretation and are not easily upheld as valid in themselves. When it is considered that the worker has been unjustly dismissed, it is recommended he consults with a lawyer. If he does not have any lawyer of his own, legal consultations with fees can be made with any bar association. There are free-of-charge consultations by the Japan Legal Aid Association for one who does not have the means to pursue the case in court. When necessary, a lawyer will be provided to work out a solution to the problem. (There are consultation bureaus in all branches of the association and within the Japan Federation of Bar Associations.)Thus, the solution to the problem of unjust dismissal should be entrusted to of a trade union ( called unjust labor practice),the worker should seek aid from the local labor relations commission. On other cases, he shall have to plead his case in the court. Q: While riding a bicycle, one gets hit by a car, and is confined in the hospital for one month. How should he avail of the insurance benefits from the automobile insurance? A: There are two ways to obtain insurance payments from the Automobile Third Party Liability Insurance. One is, after the offender has met his obligations in the compensation for damages with the injured party, the offender can claim for insurance money equivalent to amount he paid. The other is, settlement sought by the injured party with offender is not resolved, insurance company. There are several points to consider with the regards to the demand of the injured party. Provisional demand If the injured party demands for damages arising from death of from medical treatment for a period of more than11days, but does not receive any payment from the offender, he can demand a provisional amount for medical treatment and other necessities. Demand for partial payment for medical expenses during a period he will undergo treatment and for damages arising from being unable to work, he can demand for a partial payment of 100,000 yen. The main demand when damage is ascertained, he can present his demand or demands with the following documents: a bill for insurance payment, a certificate of road traffic accident issued by the Automobile Safety Driving Center, a report on the situation describing the occurrence of the accident, medical certificate, and documents proving the damage. To demand for the insurance payment, he has to go the insurance company, where the office will provide blank forms for the insurance payment bill and other necessary information. Will the injuries heal after one month in the hospital? Will it be necessary for him to commute to the hospital there-After? How are the aftereffects of the injury? The injuries may completely heal, but if indications of their aftereffects are found, he should attach a medical certificate on the aftereffects of the injury and make the demand. If he does not receive any payment from the of- fender for the periods he is undergoing medical treatment, he can claim for a provisional and partial payment demand. The maximum amount of insurance for injuries to be paid by the Automobile Third Party Liability Insurance is 1.2 million yen. ( Damages from the aftereffects of the injury has a separate system.) If the amount of damages exceeds 1.2 million yen, the demand has to be made with offender as the insurance company will not pay amounts in excess of 1.2 million yen. If the offender amount; but, if he is not a member and has no asses of his own, it becomes very difficult to obtain the amount. In case of a hit- and- run accident, or in an accident where the car is not insured with the Automobile Third Party Liability Insurance, he can make a demand with the national government undertaking guarantee. Any non-life insurance company or even the National Mutual Aid and Federation of Agricultural Cooperative associations will entertain such demand. The injured party, employing the same procedures in making a demand as started earlier, goes to the insurance company and relates the situation. He will, then, be provided the forms for the application and other necessary procedures. On Repairs, Exchange, and Cancellation of Contract of Defective Products Q: Shortly after buying a refrigerator, it breaks down. Can one demand free- of-charge repairs? Can he cancel the payments and obtain a refund? A: If a refrigerator breaks down under conditions, one has the right to demand for free- of-charge repairs. In the transaction of merchandise, the seller has the obligation to deliver to the buyer goods s that are free from defect as agreed upon in the purchase contract. If the refrigerator breaks down shortly after buying it, it can be said that there was a defect it in it when it was delivered. The seller, then, is obliged to repair it free of charge and deliver it again intact. If the damage is large, the buyer can demand for an exchange of exactly the same item. If the seller, upon request, does not make any attempt to repair it in spite of his promises, and, for no reason at all, shirks his responsibilities, the buyer can demand for a cancellation of the contract and a refund. On delivery of a defective merchandise that becomes heavily damaged, if the responsibility is with the seller, the buyer can make it grounds for canceling the contract and demand for compensation if there are damages. According to a Supreme Court decision, in the delivery of merchandise in the buy and sale of unspecific items ( such as a refrigerator), the buyer has the right to demand to put immediately into effect the exchange of the item bought or repairs when a defect has been discovered after receiving it. The buyer, however, cannot make the same demand when he knows the product is so defective that it breaks down upon delivery, and notwithstanding this, still receives it. Citing the reason of incomplete delivery, as one instance of default of obligation, the buyer has the right to demand for compensation and cancellation of the contract. There is no problem to the question of a refrigerator which broke down shortly after it was bought as free- of- charge repairs can be easily made. However, if the refrigerator breaks down after it had been used for some period, whether the same conditions apply is a problem. In almost all cases of electric appliance purchases, such as a refrigerator, a period of electric appliance purchases, such as a refrigerator, a period of guarantee is indicated in the warranty. Since the warranty has provisions for free-of- charge repairs, repair services are provided for any damage within the guarantee period. The reliability of the product is so guaranteed as not to require major repairs or be considered unusable. when major repairs for a new product become necessary and since this indicates that the delivery of an item in perfect condition has not been effected, then the buyer may demand not only for free- of- charge repairs, but also for an exchange in the item, or have the contract canceled.
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