Enforcement Law of the Domestic Relations Adjudgement Law
法令番号: 法律第153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 Enforcement Law of the Domestic Relations Adjudgement Law.
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.153
Enforcement Law of the Domestic Relations Adjudgement Law
Chapter I General Provisions
Article 1.　The Supplementary Provisions of the new Civil Code within the meaning of this Law shall be taken to refer to the Supplementary Provisions of the Law for the Partial Amendments to the Civil Code which shall come into force simultaneously with this Law, and the Old Civil Code shall be taken to refer to the Civil Code which has been in force prior to the amendments thereto by the Partial Amendments to the Civil Code which shall come into force simultaneously with this Law.
Article 2.　The provisions of the Law for Adjudgment of Domestic Relations and the Law of Procedure in Personal Matters and the Law of Procedure in Non-contentious Matters as amended by this Law shall, unless otherwise provided, apply to the matters which have arisen prior to the enforcement of this Law;however without prejudice to any effect which may have arisen under those provisions of the Law of Conciliation in Personal Matters, the Law of Procedure in Personal Matters and the Law of Procedure in Non-contentious Matters which have hitherto been in force.
Chapter II Provisions as to the Law of Conciliation in Personal Matters
Article 3.　The Law of Conciliation in Personal Matters is hereby repealed;however, it shall still remain effective even after the enforcement of this Law in so far as the application thereof is required in applying the provisions of any other law.
Article 4.　These cases of conciliation in personal matters which are pending upon the Local Court at the time of the enforcement of this Law shall be deemed to have been brought before and pending upon the Court of Domestic Relations having jurisdiction over the place where the said Local Court is located at the date of the enforcement of this Law.
Those acts which have been done, as to cases mentioned in the preceding paragraph, by the court or other persons prior to the enforcement of this Law in compliance with the Law of Conciliation in Personal Matters hitherto in force shall, with respect to the application of the Law for Adjudgement of Domestic Relations, be deemed to be acts done in compliance with the said Law.
With regard to cases of conciliation in personal matters are pending upon a court other than the Local Court at the time of the enforcement of this Law, the Law of Conciliation in Personal Matters shall remain effective even after the enforcement of this Law.
Article 5.　With regard to the application of penal provisions to acts done prior to the enforcement of this Law, the Law of Conciliation in Personal Matters hitherto in force shall remain still effective even after the enforcement of this Law.
Chapter III Provisions as to the Law of Procedure in Personal Matters
Article 6.　The Law of Procedure in Personal Matters shall be partially amended as follows:
"
Law of Procedure in Personal Matters
Chapter I The Procedure in the Cases of Marriage and the Cases of Adoption
Chapter II The Procedure in the Cases of Relation of Parent and Child, the Cases of Exclusion of Successor and the Cases of Retirement
Chapter III The Procedure concerning Incompetency and Quasi-incompetency
Chapter IV The Procedure concerning Disappearance
Supplementary Provisions:"
shall be deleted.
In Art.1, Par.1, "an action for the cohabitation of husband and wife" shall read "an action for annulment thereof," "the husband" shall read "the husband, in cases where a husband and wife assumes the surname of husband and the wife, in cases where a husband and wife assumes the surname of wife," "or divorce" shall read "divorce or annulment thereof" and in Par.3 of the same Article, "by the Ordinance of the Ministry of Justice" shall read "by the Supreme Court."
The following paragraph shall be added to Art.2:
The provisions of Par.1 and the foregoing three paragraphs shall apply mutatis mutandis to actions for annulment of divorce.
In Art.3, Par.1, "an action for the cohabitation" shall read "an action for annulment thereof," and "the curator or the husband" shall read "or the curator."
Art.4.　In case either husband or wife is a person adjudged incompetent, the supervisor of guardian may, in behalf of a person adjudged incompetent, sue or be sued for divorce.
The provisions of the foregoing paragraph shall not apply in cases where the guardian is not the spouse of a person adjudged incompetent. In those cases the guardian may, in behalf of a person adjudged incompetent, sue or be sued for divorce.
In Art.5 Par.2, "Commissioned Judge (Jumei Hanji)" shall read "Commissioned Judge (Jumei Saibankan)" and "Requisitioned Judge (Jutaku Hanji)" shall read "Requisitioned Judge (Jutaku Saibankan)."
In Art.7, Par.1, "an action for the cohabitation" shall read "an action for the annulment thereof" and the proviso of Paragraph 2 of the same Article shall be amended as follows:
"Except the claim for damage cause from the facts which are the ground of the action and the claim for annulment of adoption or dissolution of adoptive relation or annulment thereof which is brought incident to a matrimonial case."
In Art.9, Par.1, "or the divorce" shall read "the divorce or the annulment thereof."
In Art.12, Par.2, "Commissioned Judge (Jumei Hanji)" shall read "Commissioned Judge (Jumei Saibankan)" and "Requisitioned Judge (Jutaku Hanji)" shall read "Requisitioned Judge (Jutaku Saibankan)."
Art.15.　In respect to an action for the annulment of marriage or for the divorce which has been brought by either husband or wife, the court may, on application, determine a person to have the custody of children or other matters necessary for the custody of children, or cause either of a husband and wife to distribute the property to his or her spouse.
In cases mentioned in the foregoing paragraph, the court may order any of the parties delivery of children, payment of money, transfer of goods or such kinds of delivery.
Judgment pursuant to the provisions of the foregoing two prargraphs must be made in stating the purport thereof in the text of a judgment.
The provisions of the foregoing paragraph shall not prevent the Court of Domestic Relations to alter a person to have the custody of children custodian or to make other proper dispositions concerning the custody of children.
The provisions of the foregoing three paragraphs shall apply mutatis mutandis to cases where the court determines either of a father and mother to have parental right in respect to actions of the annulment of marriage or of the divorce.
In Art.16, "the duty of support or cohabitation," shall be deleted.
In Art.18, Par.1, "or the divorce" shall read "the divorce or the annulment thereof," and in the second paragraph of the same Article "Article 766 of the Civil Code" shall read "Article 732 of the Civil Code."
In Art.24, "the dissolution of adoptive relations" shall read "the dissolution of adoptive relations or the annulment thereof."
Art.25.　The provisions of Art.4 shall apply mutatis mutandis to actions for dissolution of adoptive relations.
In Art.26, "and Art.5" shall read "Arts.5 to 14 inclusive and Art.16."
The title "Chapter II The Procedure in the Cases of Relations of Parent and Child, the Cases of Exclusion of Successor and the Cases of Retirement" shall read "Chapter II The Procedure in the Cases of Relations of Parent and Child."
In Art.27, "Article 821 of the Civil Code" shall read "Article 773 of the Civil Code."
In Art.28, "his guardian--with the consent of the family counsel" shall read "his supervisor of guardian," and the following paragraph shall be added to the same Article:
The provisions of Art.4 Par.2 shall apply mutatis mutandis to an action for the denial of child.
In Art.29, Par.1, "Article 825 of the Civil Code" shall read "Article 777 of the Civil Code."
Arts.31 to 36 inclusive shall be deleted, and Art.37 shall be altered to Art.31.
Art.38 shall be deleted.
Art.39, Pars.3 to 5 inclusive shall be amended as follows:
The provisions of Art.7, Par.1 and Arts.8 and 9 shall apply mutatis mutandis to an action for the nullity or annulment of the recognition of child.
The provisions of Art.2, Pars.3 to 5 inclusive shall apply mutatis mutandis to the cases contemplated in Art.30, Pars.2 and 3.
The same Article shall read Article 32.
The titles "Chapter III Procedure concerning Incompetency and Quasi-incompetency," "Chapter IV Procedure concerning Disappearance," "Supplementary Provisions" and Arts.40 to 83 inclusive shall be deleted.
Article 7.　With regard to cases to which the Old Civil Code shall apply pursuant to the Supplementary Provisions of the New Civil Code, the Law of Procedure in Personal Matters hitherto in force shall still remain effective even after the enforcement of this Law.
Article 8.　With regard to an action for cohabitation of husband and wife, an action for support, an action for aiming at the loss of parental right or right of management of property or an action aiming at the annulment of loss of right thereof which is pending on the court at the time of the enforcement of this Law, the Law of Procedure in Personal Matters hitherto in force shall still remain effective even after the enforcement of this Law.
In cases where a judgement adjudging the matters mentioned in the preceding paragraph, has become irrevocable, it shall be deemed as that rendered by the Court of Domestic Relations.
Article 9.　A judgement pronouncing the loss of parental right or right of management of property which has become irrevocable prior to the enforcement of this Law, shall, with respect to the annulment thereof, be deemed as that rendered by the Court of Domestic Relations.
Article 10.　With regard to the provisional disposition as to an obligation of support or cohabitation made by the court prior to the enforcement of this Law, the Law of Procedure in Personal Matters hitherto in force shall still remain effective even after the enforcement of this Law.
Article 11.　With regard to an action for dissolution of adoptive relation brought in accordance with the provisions of Art.25, Par.2 of the Law of Procedure in Personal Matters hitherto in force by a lineal ascendant of the original family of an adopted child, which is pending on the court at the time of the enforcement of this Law, the provisions of the same paragraph shall not be prevented to apply even after the enforcement of this Law.
Article 12.　Except in cases contemplated in Art.7, with respect to an action for the disinheritance of the presumptive successor or for the annulment thereof pending on the court at the time of the enforcement of this Law, the Law of Procedure in Personal Matters hither to in force shall still remain effective even after the enforcement of this Law. In this case the provisions of Art.8, Par.2 shall apply mutatis mutandis.
Article 13.　With regard to an action for the nullity of retirement, the Law of Precedure in Personal Matters hitherto in force shall still remain even after the enforcement of this Law.
Article 14.　A case of application for incompetency pending on the court at the time of the enforcement of this Law shall be deemed to have been brought before and pending on the Court of Domestic Relations having jurisdiction over the place where the said court is located at the date of the enforcement of this Law.
Acts done, in a case mentioned in the preceding paragraph, by the court or other persons in accordance with the provisions of the Law of Procedure in Personal Matters hitherto in force prior to the enforcement of the Law shall be deemed, in reference to the application of the Law for Adjudgment of Domestic Relations, as acts done accordant to the same Law.
Article 15.　As to cases of immediate complaint against an order dismissing an application for incompetency, only those which are pending on the court of complaint at the time of the enforcement of this Law shall be deemed as cases of immediate complaint against a judgment of the Court of Domestic Relations.
The provisions of Par.2 of the preceding Article shall apply mutatis mutandis to cases of immediate complaint mentioned in the preceding paragraph.
Article 16.　To an action of complaint against the declaration of incompetency made prior to the enforcement of this Law, the Law of Procedure in Personal Matters hitherto in force shall still remain effective even after the enforcement of this Law. In this case the provisions of Art.8, Par.2 shall apply mutatis mutandis.
Article 17.　The provisions of Art.9 shall apply mutatis mutandis to a declaration of incompetency made prior to the enforcement of this Law, the provisions of Art.14 to a case of application for the annulment thereof pending on a court at the time of the enforcement of this Law, the provisions of Art.15 to a case of immediate complaint against the order of the said annulment and the provisions of the preceding Article to an action of complaint against an order dismissing an application for the said annulment which was rendered prior to the enforcement of this Law.
Article 18.　The provisions of Art.14 to the preceding Article inclusive shall apply mutatis mutandis to cases of declaration of quasi-incompetency and annulment thereof and other proceedings concerning quasi-incompetency.
Article 19.　The provisions of Art.9 and Arts.14 to 16 inclusive shall apply mutatis mutandis to a judicial declaration of disappearance or other cases concerning disappearance.
Article 20.　To an action for the annulment of the adjudication of disappearance pending on the court at the time of the enforcement of this Law, the Law of Procedure in Personal Matters hitherto in force shall remain effective even after the enforcement of this Law. In this case the provisions of Art.8, Par.2 shall apply mutatis mutandis.
Chapter IV Provisions as to the Law of Procedure in Non-contentious Matters
Article 21.　The Law of Procedure in Non-contentious Matters shall partly be amended as follows:
In Contents, "Chapter II Matters as to the Management of Property" shall read "Capter II Deleted,"
"Chapter VI Matters as to Exclusion from a House, Retirement, Abolishment of a House, Chastisement of a child, Successor to the Headship of a House and Family Council
Chapter VII Matters as to Acceptance and Renunciation of Succession
Chapter VIII Confirmation and Carrying into Effect of Wills"
shall read "Chapters VI to VIII Deleted," and "Section III Registration of Minor, Wife and Legal Representative" shall read "Section III Registration of Minor and Guardian."
In Art.2, Par.3, "Minister of Justice" shall read "Supreme Court."
In Art.4, Par.1, "except the cases enumerated in Art.10, Item 1 of the Law of the Constitution of Court" shall be deleted.
In Art.17, Par.2, "Judge (Hanji)" shall read "Judge (Saibankan)."
In Arts.34 and 35, "District Court" shall read "Local Court."
In Book II, "Chapter II Matters as to the Management of Property" shall read "Chapter II Deleted."
Arts.38 to 71 inclusive　deleted.
In Art.71-(2), "District Court" shall read "Local Court."
To Art.71-(4), the following paragraph shall be added:
An administrator of trust or an administrator of trust property shall, if he wants to lay down his duties, report to the court to that effect. In such a case, the court shall appoint an administrator anew.
Art.71-(5).　The court may, in appointing or replacing an administrator of trust property, hear the opinions of the persons interested.
No complaint may be made against the judgement of appointment or replacement of an administrator of trust or an administrator of trust property.
Art.71-(6) shall read Art.71-(7).
Art.71-(6).　The provisions of Arts.644,646,647 and 650 of the Covil Code shall apply mutatis mutandis to an administrator of trust or an administrator of trust property appointed by the court.
In Art.73, Art.80, Par.1 and Art.81, Par.1, "District Court" shall read "Local Court."
In Art.82, "Arts.40 and 40-(2)" shall read "Art.71-(4) and Art.71-(5), Par.2 and."
In Art.84, Par.1, "District Court" shall read "Local Court."
Arts.85 to 87 inclusive　deleted.
In Book II, "Chapter VI Matters as to Exclusion from a House, Retirement, Abolishment of a House, Chastisement of a Child, Successor to the Headship of a House and Family Council," "Chapter VII Matters as to Acceptance and Renunciation of Succession," "Chapter VIII Confirmation and Carrying into Effect of Wills" and Art.89-(2) shall be deleted.
Arts.90 to 116 inclusive　deleted.
In Book II, "Chapter IX Registration of Contract of Juridical Persons and relating to Matrimonial Property" shall read"
Chapters VI to VIII Deleted.
Chapter IX Registration of Contract of Juridical Persons and relating to Matrimonial Property
."
In Art.117, "District Court" shall read "Judicial Affairs Bureau."
Art.118.　In respect of the registration of a contract relating to matrimonial property, the competent registry shall be the Judicial Affairs Bureau or its branch office of the district where a person who is to be husband has his domicile in case persons who are going to be a husband and wife will assume the surname of husband, or where a person who is to be wife has her domicile in case they will assume the surname of wife.
In Art.123, Par.2, "the judgement permitting" shall read "the judgement concerning."
In Art.126, Par.5, "District Court" shall read "Local Court."
Art.135 shall be amended as Art.134-(2), Art.135-(2) as Art.134-(3) and Art.135-(3) as Art.135.
In Art.135-(4), Par.1, "Arts.39 to 40-(2), Art.41, Pars.1 and 3, Art.42, Arts.61 and 62" shall read "Arts.71-(4) and 71-(5)" and in Par.2 of the same Article, "Art.43" shall read "Art.71-(6)" and the same Article shall be amended as Art.135-(2).
Art.135-(3).　The Court may order the administrator whom it appointed to report as to the conditions of property and to make an account concerning his administration. Against this order no complaint may be lodged.
A person interested may apply for inspection of the documents concerning the report and account mentioned in the foregoing paragraph and require copies of them on paying a fee.
The Public Procurator may inspect the documents mentioned in the foregoing paragraph.
Art.135-(4).　In cases where the court rendered a judgement ex officio or in response to an application according to the provisions of Art.58 Par.3 of the Commercial Code, the costs concerning the proceedings before judgement and the notification thereof shall be borne by the mercantile association concerned. The same shall apply to costs concerning the measures ordered by the court.
In cases where the court rendered a judgement in response to an application by the complainant, the costs concerning the proceedings of complaint and those concerning the proceedings of the foregoing instance which were imposed upon the complainant, shall be borne by the mercantile association concerned.
In Art.135-(41), Par.2 and Art.135-(53), Par.3, "Art.40" shall read "Art.71-(4)" and "Art.40-(2)" shall read "Art.71-(5), Par.2" respectively.
In Art.136, Par.2, "a limited company" shall read "a mercantile partnership, a limited partnership, a limited company," and the first paragraph of the same Article shall be deleted.
In Art.139, "District Court" shall read "Judicial Affairs Bureau."
In Art.140, Item 3 shall be deleted, "book of registration of legal representative" shall read "book of registration of guardian," Item 4 shall be amended as Item 3 and the rest shall be shifted up correspondingly.
In Art.145, Par.1 and Art.146, "District Court" shall read "Judicial Affairs Bureau."
In Art.151-(6), Par.2, "President of the Local Court" shall read "Minister of Justice."
In Book III, Chapter V, "Section III Registration of Minor, Wife and Legal Representative" shall read "Section III Registration of Minor and Guardian."
Art.166 Par.2 shall be amended as follows:
If the consent was given by the guardian, a document proving, in cases where there is no supervisor of guardian, that fact, and in cases where there is a supervisor of guardian, the fact that the consent was given by the supervisor of guardian, shall be attached to the application in presenting it to the register office.
Art.167　Deleted.
Art.170　Deleted.
Art.171.　In cases where a guardian intends to be engaged in the business mentioned in Art.4 of the Commercial Code, for the interest of the ward and wants to apply for registration for that reason, he shall enter on that application his qualification as a guardian.
The provisions of Art.166, Par.2 shall apply mutatis mutandis to the cases mentioned in the foregoing paragraph.
In Art.179, Par.2, Item 2, "or a wife" shall be deleted.
Article 22.　In cases where the Old Civil Code is to apply in accordance with the Supplementary Provisions of the New Civil Code, the provisions of the Law of Procedure in Non-contentious Matters hitherto in force shall continue to apply even after the enforcement of this Law.
Article 23.　Except in the case of the foregoing Article, a non-contentious matter which is pending on the Local Court in the first instance at the time when this Law comes into force and is to fall under the jurisdiction of the Court of Adjustment of Domestic Relations, shall be deemed to have been brought before and have been pending from the date of the enforcement of this Law on the Court of Adjustment of Domestic Relations having jurisdiction over the place where the said Court is located.
As to the matter mentioned in the preceding paragraph, measures taken by the Court or other persons in accordance with the provisions of the Law of Procedure in Non-contentious Matters before the time of the enforcement of this Law shall be deemed as those taken in accordance with the provisions of the Law for Adjudgment of Domestic Relations, in respect to the application of that Law.
Article 24.　Except in the cases contemplated in Art.22, as to the non-contentious matter which is pending on a court of complaint at the time of the enforcement of this Law and is to fall under the jurisdiction of the Court of Adjustment of Domestic Relations, the provisions of the Law of the Procedure in Non-contentious Matters hitherto in force shall remain effective even after the time of the enforcement of this Law.
In cases where a court of complaint should quash and refer a ruling as to a matter mentioned in the preceding paragraph back to the original court, the matter shall be referred back to the Court of Adjustment of Domestic Relations which has jurisdiction over the matter. In this case the provisions mentioned in Par.2 of the preceding Article shall apply mutatis mutandis.
When the judgement of the Court of complaint mentioned in Par.1 has become irrevocable, that judgement shall be deemed as that of the Court Adjustment of Domestic Relations.
Article 25.　As to a complaint against the judgement in lieu of a resolution of the Family Council which might be pending on the Court of complaint at the time of the enforcement of this Law, the provisions of the Law of the Procedure in Non-contentious Matters hitherto in force shall remain effective even after the enforcement of this Law.
Chapter V Miscellaneous Provisions
Article 26.　As to an action which is pending on a court at the time of the enforcement of this Law and is to fall under the jurisdiction of the Court of Adjustment of Domestic Relations, the provisions of the Code of Civil Procedure shall, unless otherwise provided in this Law, remain effective even after the enforcement of this Law.
The provisions of Art.8, Par.2 shall apply mutatis mutandis to the cases mentioned in the preceding paragraph. But this shall not apply to the cases where the provisions of the Old Civil Code shall apply in accordance with the Supplementary Provisions of the New Civil Code.
Supplementary Provision:
The present Law shall come into force as from January 1, 1948.
Minister of Justice　SUZUKI Yoshio
Prime Minister　KATAYAMA Tetsu