Law for Adjudgement of Domestic Relations
法令番号: 法律第152号
公布年月日: 昭和22年12月6日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Adjudgement of Domestic Relations.
Signed:HIROHITO, Seal of the Emperor
This sixth day of the twelfth month of the twenty-second year of Showa (December 6, 1947)
Prime Minister　KATAYAMA Tetsu
Law No.152
Law for Adjudgement of Domestic Relations
Chapter I General Provisions
Article 1.　This Law shall have for its object the maintenance of domestic peace and sound collective life of relatives on the basis of individual dignity and essential equality of the sexes.
Article 2.　The branch of the Local Court established in accordance with the provisions of the Court Organization Law for the purpose of rendering decree or effecting conciliation with regard to cases relating to family shall be the Court of Domestic Relations and the judges serving in such branch shall be judges of domestic relations.
Article 3.　The judge of domestic relations who sits alone shall, on causing the councillors to attend or hearing their opinions, render decree.
The conciliation shall be effected by conciliation committee which shall consist of judge of domestic relations and conciliation commissioners.
If deemed suitable, the Court of Domestic Relations may render decree or effect conciliation only by a single judge notwithstanding the provisions of the preceding two paragraphs.
Article 4.　The provisions of the Code of Procedure relating to exclusion, refusal and refrainment of judges shall apply with the necessary modification to judges of domestic relations and councillors, and those relating to exclusion, refusal and refrainment of court clerks shall do so to clerks of the Court of Domestic Relations.
Article 5.　The travelling expenses, daily allowance and hotel-charges determined by the Supreme Court shall be paid to councillors and conciliation commissioners.
Article 6.　In order to make application for decree or conciliation, the fee determined by the Supreme Court shall be paid.
Article 7.　Except as otherwise provided, the provisions of Book 1 of the Law of Procedure in Non-contentious Matters shall, unless contrary to its nature, apply with the necessary modifications to decree and conciliation, excepting however the provisions of Art.15 of the said Law.
Article 8.　Except provided in this Law, the matters necessary for decree and conciliation shall be determined by the Supreme Court.
Chapter II Decree
Article 9.　The Court of Domestic Relations shall try and render decree on the following matters:
(A)
1.　Adjudication of incompetency and revocation thereof in accordance with the provisions of Arts.7 and 10 of the Civil Code;
2.　Adjudication of quasi-incompetency, revocation thereof and other measures relating to quasiincompetency in accordance with the provisions of Art.12, Par.2 and Art.13 of the Civil Code;
3.　Measures relating to management of absentee's property in accordance with the provisions of Arts.25 to 29 inclusive of the Civil Code;
4.　Judicial declaration of disappearance and annulment thereof in accordance with the provisions of Art.30 and Art.32, Par.1 of the Civil Code;
5.　Appointment of special representative in accordance with the provisions of Art.775 of the Civil Code;
6.　Permission of change of the surname of child in accordance with the provisions of any of Art.791, Pars.1 and 2 of the Civil Code;
7.　Permission of adoption in accordance with the provisions of any of Arts.794 and 798 of the Civil Code;
8.　Permission of abolition of adoptive relations in accordance with the provisions of Art.811, Par.3 of the Civil Code;
9.　Permission and other measures relating to disciplinary punishment in accordance with the provisions of Arts.822 and 857 of the Civil Code (including cases where the said provisions are applicable with the necessary modifications under Art.867, Par.2 of the same Code);
10.　Appointment of special representative in accordance with the provisions of Art.826 of the Civil Code (including cases where the said provisions are applicable with the necessary modifications under Art.860 of the same Code);
11.　Appointment of administrator of property and other measures relating to management of property in accordance with the provisions of Art.830, Pars.2 to 4 inclusive of the Civil Code (including cases where the said provisions are applicable with the necessary modifications under Art.869 of the same Code);
12.　judicial declaration of loss of parental power or power of administration and annulment thereof in accordance with the provisions of Arts.834 to 836 inclusive of the Civil Code;
13.　Permission of resignation or recovery of parental power or power of administration in accordance with the provisions of Art.837 of the Civil Code;
14.　Appointment of guardian, curator or supervisor of guardianship in accordance with the provisions of any of Art.841 (including cases where the said provisions are applicable with the necessary modifications under Art.847, Par.1) and Art.849 of the Civil Code;
15.　Permission of resignation of guardian, curator or supervisor of guardianship in accordance with the provisions of Art.844 of the Civil Code (including cases where the said provisions are applicable with the necessary modifications under Art.847, Par.1 and Art.852 of the same Code);
16.　Dismissal of guardian, curator or supervisor of guardianship in accordance with the provisions of Art.845 of the Civil Code (including cases where the said provisions are applicable with the necessary modifications under Art.847, Par.1 and Art.852 of the same Code);
17.　Appointment of temporary curator in accordance with the provisions of Art.847, Par.2 of the Civil Code;
18.　Elongation of terms for preparing an inventory in accordance with the provisions of the proviso of Art.853, Par.1 of the Civil Code (including cases where the said provisions are applicable with the necessary modifications under Art.867 Par.2 of the same Code);
19.　Permission of sending to hospital, supervision and others of a person adjuged incompetent in accordance with the provisions of Art.858. Par.2;
20.　Grant of remuneration to guardian in accordance with the provisions of Art.862 of the Civil Code (including cases where the said provisions are applicable with the necessary modifications under Art.867, Par.2 of the same Code);
21.　Report of business of guardianship, presentation of inventory, inquiry of guardianship and of state of property, management of property and other measures relating to business of guardianship in accordance with the provisions of Art.863 of the Civil Code (including cases where the said provisions are applicable with the necessary modifications under Art.867, Par.2 of the same Code);
22.　Elongation of terms for the account of management in accordance with the provisions of the proviso of Art.870 of the Civil Code;
23.　Measures relating to administration of legacy in accordance with the provisions of Art.895 of the Civil Code;
24.　Elongation of terms for acceptance or renunciation of inheritance in accordance with the provisions of the proviso of Art.915, Par.1 of the Civil Code;
25.　Measures relating to preservation or administration of estate of inheritance in accordance with the provisions of Art.918, Pars.2 and 3 of the Civil Code (including cases where the saidprovisions are applicable with the necessary modifications under any of Art.926, Par.2, Art.936, Par.3 and Art.940, Par.2 of the same Code);
26.　Reception of declaration of qualified acceptance of inheritance in accordance with the provisions of Art.924 of the Civil Code;
27.　Appointment of appraiser in accordance with the provisions of any of Art.930, Par.2 (including cases where the provisions thereof are applicable with the necessary modifications under any of Art.947, Par.3, Art.950, Par.2 and Art.957, Par.2), the proviso of Art.932 (including cases where the provisions thereof are applicable with the necessary modifications under any of Art.947, Par.3 and Art.950, Par.2) and Art.1029, Par.2 of the Civil Code;
28.　Appointment of administrator of the estate of inheritance in accordance with the provisions of Art.936, Par.1 of the Civil Code;
29.　Reception of declaration of renunciation of inheritance in accordance with the provisions of Art.938 of the Civil Code;
30.　Measures relating to separation of estate of inheritance in accordance with the provisions of any of Art.941, Par.1 and Art.950, Par.1 of the Civil Code;
31.　Measures relating to administration of estate of inheritance in accordance with the provisions of Art.943 of the Civil Code (including cases where the said provisions are applicable with the necessary modifications under Art.950, Par.2 of the same Code);
32.　Appointment of administrator and other measures relating to administration of estate of inheritance in accordance with the provisions of Arts.952 and 953 or Art.958 of the Civil Code;
33.　Confirmation of will in accordance with the provisions of any of Art.976, Par.2 and Art.979, Par.2 of the Civil Code;
34.　Probate of will in accordance with the provisions of Art.1004, Par.1 of the Civil Code;
35.　Appointment of executor in accordance with the provisions of Art.1010 of the Civil Code;
36.　Grant of remuneration to executor in accordance with the provisions of Art.1018, Par.1 of the Civil Code;
37.　Removal and permission of resignation of executor in accordance with the provisions of Art.1019 of the Civil Code;
38.　Revocation of will in accordance with the provisions of Art.1027 of the Civil Code;
39.　Permission of renunciation of legally secured portion in accordance with the provisions of Art.1043, Par.1 of the Civil Code.
(B)
1.　Measures relating to cohabitation of husband and wife and to cooperation and support between them in accordance with the provisions of Art.752 of the Civil Code;
2.　Measures relating to change of administrator of property and to partition of common property in accordance with the provisions of Art.758, Pars.2 and 3 of the Civil Code;
3.　Measures relating to share of expenses arisen from marriage in accordance with the provisions of Art.760 of the Civil Code;
4.　Designation of superintendent of child and other measures relating to superintendance of child in accordance with the provisions of any of Art.766, Pars.1 and 2 of the Civil Code (including cases where the said provisions are applicable with the necessary modifications under Arts.749,771 and 788 of the same Code);
5.　Measures relating to distribution of property in accordance with the provisions of Art.768, Par 2 of the Civil Code (including cases where the said provisions are applicable with the necessary modifications under Arts.749 and 771 of the same Code);
6.　Designation of successor to right mentioned in Art.897, Par.1 in accordance with the provisions of any of Art.769, Par.2 (including cases where the said provisions are applicable with the necessary modifications under Art.749, Art.751, Par.2, Art.771, Art.808, Par.2 and Art.817) and Art.897, Par.2 of the Civil Code;
7.　Designation of person having parental power and change thereof in accordance with the provisions of any of Art.819, Pars.5 and 6 of the Civil Code;
8.　Measures relating to support in accordance with the provisions of Arts.877 to 880 inclusive of the Civil Code;
9.　Exclusion of Presumption heir and revocation thereof in accordance with the provisions of Arts.892 to 894 inclusive of the Civil Code;
10.　Measures relating to partition of property succeeded to in accordance with the provisions of Art.907, Pars.2 and 3 of the Civil Code.
The Court of Domestic Relations shall have the power to try and render decree on matters which fall under its jurisdiction specially pursuant to other laws in addition to those prescribed in this Law.
Article 10.　The number of councillors shall be one or more with regard to each case.
The councillors shall be nominated by the Court of Domestic Relations with regard to each case from among those appointed beforehand every year by the Local Court.
The qualification and number of the persons to be appointed by the preceding paragraph and other matters necessary for making appointment referred to in the said paragraph shall be determined by the Supreme Court.
Article 11.　The Court of Domestic Relations may, of its own motion, submit a case mentioned in (B) of Art.9, Par.1 to conciliation.
Article 12.　The Court of Domestic Relations may, if deemed suitable, cause any person interested in the result of decree to intervene in the proceedings of decree.
Article 13.　The decree shall have its effect by giving notification to the person who receives decree;but the decree against which immediate complaint may be raised shall not be effective unless it becomes final and inclusive.
Article 14.　Immediate complaint only may be raised against decree pursuant to the provisions specified by the Supreme Court, and the term thereof shall be two weeks.
Article 15.　The decree ordering payment of money, delivery of thing, performance of duty of registration or other performance shall have the same effect as an executory obligatory title.
Article 16.　The provisions of Arts.644,646,647 and 650 of the Civil Code shall apply with the necessary modifications to an administrator of property appointed by the Court of Domestic Relations.
Chapter III Conciliation
Article 17.　The Court of Domestic Relations shall effects conciliation in respect of any case of personal affairs and other case relating to family;however, this shall not apply to any case mentioned in (A) of Art.9, Par.1.
Article 18.　Any person who wishes to bring an action in respect of a case about which conciliation may be effected in accordance with the preceding Article shall, at first, apply for conciliation in a Court of Domestic Relations.
In cases where an action has been brought without applying for conciliation in respect of a case mentioned in the preceding paragraph, the Court shall submit such case to conciliation in a Court of Domestic Relations;however, this shall not apply to cases where the Court considers it unsuitable to submit to conciliation.
Article 19.　In cases where in respect of a cases about which conciliation may be effected in accordance with the provisions of Art.17 an action is pending, the Court may, of its own motion, transfer such case under conciliation of the Court of Domestic Relations at any time.
Article 20.　The provisions of Art.12 shall apply with the necessary modifications to conciliation proceedings.
Article 21.　If in conciliation an agreement is arrived at between both parties and is stated in a protocol, conciliation shall be deemed to have been concluded and such statement shall have the same effect as an final and conclusive decision. But with regard to cases mentioned in (B) of Art.9, Par.1, it shall have the same effect as an irrevocable decree.
The provisions of the preceding paragraph shall not apply to cases mentioned in Art.23.
Article 22.　The conciliation committee shall consist of a judge of domestic relations and two or more conciliation commissioners.
The conciliation commissioners shall be nominated with regard to each case by judge of domestic relations from among the following persons:
1.　The persons appointed beforehand every year by the Local Court;
2.　The persons determined by agreement of both parties.
If considered necessary for disposing of a case, a judge of domestic relations may nominate as conciliation commissioner any person who does not fall under the preceding paragraph.
Article 23.　In cases where in conciliation before conciliation committee of a case relating to nullity or annulment of marriage or adoption an agreement is arrived at between both parties and the existence of cause of nullity or annulment is not disputable, a Court of Domestic Relations may, if upon inquiring necessary facts and hearing the opinions of conciliation commissioners it considers reasonable, render decree corresponding to such agreement as regards nullity or annulment of marriage or adoption.
The provisions of the preceding paragraph shall apply with the necessary modifications to conciliation before conciliation committee of a case relating to nullity or annulment of divorce by agreement, or abolition of adoptive relations by agreement, acknowledgement or nullity or annulment thereof, determining father in accordance with the provisions of Art.773 of the Civil Code, denial of legitimacy or confirmation of existence or non-existence of family relations.
Article 24.　If, in cases where conciliation before conciliation committee is unsuccessful, a Court of Domestic Relations recognizes suitable, it may, upon hearing the opinions of conciliation commissioners and considering equity for both parties and all the circumstances, of its own motion, render decree of divorce, abolition of adoptive relations or other necessary for the solution of the case, in so far as it is not contrary to the purport of applications of both parties. In this decree the payment of money or other property performance may be ordered.
The provisions of the preceding paragraph shall not apply to cases mentioned in (B) of Art.9, Par.1.
Article 25.　Against decree rendered in accordance with the provisions of Art.23 or Par.1 of the preceding Article, an objection may be raised to a Court of Domestic Relations pursuant to the provisions specified by the Supreme Court, and the term thereof shall be two weeks.
If an objection is raised within the terms prescribed in the preceding paragraph, the decree of the said paragraph shall lose its effect.
If no objection is raised within the terms prescribed in Par.1, the decree of the said paragraph shall have the same effect as a final and conclusive decision.
Article 26.　In cases where conciliation is unsuccessful in respect of a case of decree mentioned in (B) of Art.9, Par.1, it shall be deemed that an application for decree has been made at the time when conciliation was applied for.
If, in cases where in respect of a case about which conciliation may be effected in accordance with the provisions of Art.17 conciliation is unsuccessful and decree mentioned in any of Arts.23 and 24, Par.1 is not rendered or decree loses its effect in accordance with the provisions of Par.2 of the preceding Article, the party brings an action within two weeks as from the day on which he received the notice to that effect, it shall be deemed that such action has been brought at the time when conciliation was applied for.
Chapter IV Penal Provisions
Article 27.　If any interested person summoned by a Court of Domestic Relations or conciliation committee does not appear without proper reason, the Court of Domestic Relations shall punish him with an administrative fine not exceeding five hundred yen.
Article 28.　If any person who is or was conciliation commissioner reveals the process of deliberation, the opinions of judge of domestic relations or conciliation commissioners or the number of each opinion without proper reason, he shall be liable to a fine not exceeding one thousand yen.
The same shall apply in cases where any person who is or was councillor reveals the opinions of judge of domestic relations or councillors.
Article 29.　If any person who is or was councillor or conciliation commissioner reveals without proper reason any secret of other person known by him in relation to matters which he officially disposed of, he shall be liable to inprisonment for a term not exceeding six months or a fine not exceeding three thousand yen.
Supplementary Provisions:
This Law shall come into force as from January 1, 1948.
In application of this Law, measures relating to partition of property mentioned in Art.10 of the Supplementary Provisions of the Law for the Partial Amendment of the Civil Code coming into force on the same day as this Law (hereinafter referred to as the Supplementary Provisions of the New Civil Code), designation of person having parental power or change thereof mentioned in any Art.14, Pars.2 and 3 of the Supplementary Provisions of the New Civil Code, alteration or revocation of decision rendered in repsect of support mentioned in Art.24 of the Supplementary Provisions of the New Civil Code, maesures relating to distribution of Property mentioned in Art.27, Par.2 of the Supplementary Provisions of the New Civil Code (including cases where the provisions of such paragraph shall apply with the necessary modifications under the proviso of Art.25, Par.2, Art.26, Par.2 and Art.28 of the Supplementary Provisions of the New Civil Code) and meacures relating to partition of property succeeded to as mentioned in Art.32 of the Supplementary Provisions of the New Civil Code, shall be deemed to be matters mentioned in (B) of Art.9, Par.1, and confirmation of will mentioned in Art.33 of the Supplementary Provisions of the New Civil Code shall be deemed matters as mentioned in (A) of Art.9, Par.1.
Minister of Justice　SUZUKI Yoshio
Prime Minister　KATAYAMA Tetsu