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Considering the reduction in age of majority under the Civil Code

General Company Legal Matters, etc.

2022.04.05

Author: Attorney at Law Yuko Hayasaki

 For a long time the age of majority in Japan has been 20 years old and legally the differentiation between an adult and a child was age 20, but upon the enactment of the National Referendum Act in May 2007 that decided procedures for amendments to the Constitution it was clearly stated that “Japanese citizens who are 18 years old or older have the right to vote as a citizen.” and the momentum for revision of the age of majority became higher. Then, when the Public Offices Election Act was amended in June 2015, the voting age was determined to be 18 years old or older and Japanese citizens over the age of 18 were given the right to vote from the House of Councilors election in July 2016.

 From April 1, 2022, the “Act to Amend a Part of the Civil Code” was enacted and the age of majority under the Civil Code was lowered to 18 years of age. As a result, those who were over 18 years old but less than 20 years old on April 1, 2022, (those born between April 2, 2002, to April 1, 2004) became adults on that day (April 1) and those born after April 2, 2022, became adults when they reached the age of 18.

Therefore, from April 1 of this year the age of majority expanded instantly.

 Under the Civil Code, the age of majority means that an individual person can enter into a valid agreement and a son or daughter no longer needs to obey his/her parents.

Up until now, 18 and 19 year olds were not adults and could not purchase a portable phone, rent an apartment, or make a credit card, but now anyone older than 18 will be able to enter into such an agreement (provided that, agreements entered into by persons who were 18 or 19 before April 1, 2022, without the consent of their parents, can still be voided even after the amendment to the law).

Also, where to live (deciding an address), deciding a school, deciding a workplace can now be decided at the age of 18.

Provided that, child support that is decided as “until the age of majority” is not automatically reduced to 18 upon the amendment to the law but will last until 20 years of age.

 Also, in conjunction with the amendment to the law, from April 1, 2022, the legal age for marriage of a woman was raised to 18 from the former system which allowed a man to marry from 18 and a woman to marry from 16. This reflects the fact that in recent years the percentage of students proceeding to high school, etc., has exceeded 98% and the thinking is that it is necessary for social and economic growth to have at least 18 years old for marriage (provided that, women who are already 16 or older at April 1, 2022, can marry even before attaining the age of 18).

 Of course, even if the age of majority under the Civil Code has been lowered, the age restrictions on alcohol and tobacco, and public gambling (horse races, bicycle races, auto races and boat races) continue to be 20 years old as before.

Up to now, many municipalities held adult ceremonies around the adult day in January but with 18 being the age of majority a ceremony will conflict with college entrance exams, etc., so together with the age of majority under the Civil Code the question becomes whether holding of adult ceremonies should be continued as heretofore.

 We are entering the age of 100 year lives but legally children are being asked to become adults quickly. We who have become adults long ago need to show a good model to our successors.

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  • This article was drafted in the past based on the laws and cases applicable at that time. However, the laws and/or regulations may have been amended since then. Please note that we do not guarantee the legal accuracy of this article. Please contact us for the latest laws/regulations information.

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