This article refers arguing points of the Broadcast Receiving Contract.
Especially, this paper describes the Supreme Court Conclusion on December 6, 2017. At its conclusion, the Supreme Court said that those who has settled reception equipment capable of receiving the broadcasting provided by public broadcaster NHK (Japan Broadcasting Corporation) are legally required to sign up with it and pay a Television Receiving Fee. But from point of view of Contact Law, some concurring opinions and a dissenting opinion are accompanied in the judgement. Then, this paper considers issues taking up by them based on indications of precedents and studies.
Results of consideration are as follows;
1. Person in obligation to conclude the Broadcast Receiving Contract should be specified in Law, such as the representative of household or office, which has installed receiving equipment capable of receiving the broadcasting provided by NHK, shall conclude a contract with NHK with regard to the reception of its broadcasting.
2. Taking into account legislative purpose, operation of law, indications of precedents etc., against a man who refused to respond to NHK’s request to sign a Broadcast Receiving Contract, it seems to be general that the contract is deemed as concluded when a judgment or any other judicial decision ordering him/her to manifest the intention of concluding it.
3. For matching contract date of the Broadcast Receiving Contract and start date of paying a Television Receiving Fee, that is obliged to be paid from when a reception equipment settled regardless contract had concluded, unpaid fee should be included in the initial rate.
4. By doing so, the problem, such as since when the period of extinctive prescription begins in the case the date on which obligation of payment occurred is different from the contract date, is settled.
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