法令番号: 法律第74号
公布年月日: 昭和22年4月19日
法令の形式: 法律
I hereby give My sanction to the Law concerning Temporary Measures of the Civil Code pursuant to the Enforcement of the Constitution of Japan for which the concurrence of the Imperial Diet has been obtained and cause the same to be promulgated.
Signed:HIROHITO, Seal of the Emperor
This eighteenth day of the fourth month of the twenty-second year of Showa (April 18, 1947)
Countersigned: Prime Minister and concurrently Minister for Foreign Affairs YOSHIDA Shigeru
Minister of State Baron SHIDEHARA Kijuro
Minister of Justice KIMURA Tokutaro
Minister of State SAITO Takao
Minister of Communications HITOTSUMATSU Sadayoshi
Minister of State HOSHIJIMA Niro
Minister of Welfare KAWAI Yoshinari
Minister for Home Affairs UEHARA Etsujiro
Minister of Finance ISHIBASHI Tanzan
Minister of State KANAMORI Tokujiro
Minister of Transportation MASUDA Kaneshichi
Minister of Commerce and Industry ISHII Mitsujiro
Minister of Education TAKASHI Seiichiro
Minister of Agriculture and Forestry KIMURA Kozaemon
Minister of State TANAKA Man'itsu
Minister of State TAKASE Sotaro
Law No.74
Article 1. The purpose of this Law is to Provide, with respect to the Civil Code, temporary measures which are founded upon the individual dignity and the essential equality of the sexes, pursuant to the enforcement of the Constitution of Japan.
Article 2. The provisions which, on the ground of the individual being wife or mother, restrict legal capacity etc. shall not be applied.
Article 3. The provisions relating to the head and members of the House and any other regulations of the House shall not be applied.
Article 4. An adult shall not be required to obtain the consent of his or her parents in respect of his or her marriage. divorce, adoption and disolution of adoptive relation.
Article 5. Husband and wife shall live together at a place determined by their agreement.
The provisions concerning the regulation of property of husband and wife which are contrary to the essential equality of the sexes shall not be applied.
In cases where either of the spouse has behaved himself or herself extremely unchaste, the other may bring an action for divorce on the ground therefor.
Article 6. Parental powers shall be exercised jointly by the father and mother.
When a father and mother are divorced or a father has acknowledged a child, the person who shall exercise the parental power must be decided by mutual agreement. If no agreement is reached or possible, the determination shall be made by the court.
The court may alter a person who exercises parental power for the benefit of a child.
Article 7. The provisions relating to the succession to the Headship of a House shall not be applied.
As to the succession, the provisions relating to succession to estate shall apply, in addition to the provisions of Articles 8 and 9.
Article 8. Lineal descendants, lineal ascendants and brothers and sisters shall become successors in the abovementioned order.
The spouse shall always become successor and his or her share in the succession shall be determined in accordance with the following provisions:
1. It shall be one-third, in cases where lineal descendants are successors together with him or her;
2. It shall be one-half, in cases where lineal ascendants are successors together with him or her;
3. It shall be two-thirds, in cases where brothers and sisters are successors together with him or her.
Article 9. The sum of the legally, secured portion of successors, with the exception of brothers and sisters of the person succeeded to, shall be determined in accordance with the following provisions:
1. It shall be one-half of the property of the person succeeded to, in cases where all of the successors are lineal descendants, or all of them are lineal descendants and the spouse;
2. It shall be one-third of the property of the person succeeded to in other cases.
Article 10. The provisions of other laws which are contrary to the provisions of this Law shall not be applied.
Supplementary Provisions:
This Law shall come into force as from the day of the enforcement of the Constitution of Japan.
This Law shall lose its effect on and after January 1, 1948.