I hereby promulgate the State Redress Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-seventh day of the tenth month of the twenty-second year of Showa (October 27, 1947)
Prime Minister KATAYAMA Tstsu
State Redress Law
Art.1. If a public official entrusted with the exercise of the public power of the State or of a public entity has, in the conduct of his official duties, inflicted intentionally or through negligence any damages on another person through an illegal act, the State or the public entity concerned shall be under obligation to make compensation therefor.
If, in the case referred to in the preceding paragraph, the public official has perpetrated the act intentionally or through gross negligence, the State or the public entity concerned shall have the right to obtain reimbursement from the said public official.
Art.2. If a person has been damaged through the existence of any defect in the construction or management of highways, rivers or other public installations, the State or the public entity concerned shall be under obligation to make compensation for it.
If, in the case referred to in the preceding paragraph, there exists any other person who is responsible for causing the damages, the State or the public entity concerned shall have the right to obtain reimbursement from him.
Art.3. If, in cases where the State or a public entity has an obligation to make compensation for a damage in accordance with the provisions of the preceding two Articles, the State or the public entity charged with the matters of the appointment or supervision of the public official in question or of the establishment or management of the public installation in question, is different from that which defrays the salary, allowance or other expenses of such public official or the expenses necessary for the establishment or management of such public installation, then the latter shall also be under obligation to make compensation for the said damage.
In the case referred to in the preceding case, the State or the public entity that has made compensation for the damages shall have the right to obtain reimbursement from the person under obligation to make compensation for the said damage within the State or the public entity itself.
Art.4. Except as provided in the preceding three Articles, the provisions of_the Civil Code shall apply to the liability for damages of the State or a public entity.
Art.5. If otherwise provided in any statute besides the Civil Code, those provisions shall apply to the liability for damages of the State or a public entity.
Art.6. In cases where a foreigner is the injured party, this statute shall apply only if the compensation is reciprocally guaranteed.
Supplementary Provisions:
This Law shall come into force as from the day of its promulgation.
A part of the Public Notary Law shall be amended as follows:
A part of the House Registration Law shall be amended as follows:
In Art.7 the words "and Art.4" shall be deleted.
A part of the Real Estate Registration Law shall be amended as follows:
A part of the Code of Civil Procedure shall be amended as follows:
The laws hitherto in force shall apply to the damages resulting from the acts prior to the effective date of this statute.
Prime Minister KATAYAMA Tetsu
Minister for Foreign Affairs ASHIDA Hitoshi
Minister for Home Affairs KIMURA Kozaemon
Minister of Finance KURUSU Takeo
Minister of Justice SUZUKI Yoshio
Minister of Education MORITO Tatsuo
Minister of Welfare HITOTSUMATSU Sadayoshi
Minister of Agriculture and Forestry HIRANO Rikizo
Minister of Commerce and Industry MIZUTANI Chozaburo
Minister of Transportation TOMABECHI Gizo
Minister of Communications MIKI Takeo
Minister of Labor YONEKUBO Mitsusuke