法令番号: 法律第223号
公布年月日: 昭和22年12月22日
法令の形式: 法律

審議経過

I hereby promulgate the Law concerning the Adjustment of various Laws resulting from the amendments to the Civil Code.
Signed:HIROHITO, Seal of the Emperor
This twenty-second day of the twelfth month of the twenty-second year of Showa (December 22, 1947)
Prime Minister　KATAYAMA Tetsu
Law No.223
Article 1.　Prison Law shall be partially amended as follows:
In Article 56, "the members of a House" shall be deleted.
Article 2.　The Reformatory Law shall partially be amended as follows:
In Article 1, "Article 882" shall read "Article 822."
Article 3.　The Notary Law shall partially be amended as follows:
In Article 12, Paragraph 1, Item 1, "the subject of the Japanese Empire" and "man of full age and upwards" shall respectively read "the Japanese national" and "adult."
In Article 22, Item 1, "the head or the members of a House" shall read "relatives."
In Article 34, Paragraph 3, Item 6, "the Head or the members of a House living together," shall be deleted.
Article 4.　The Law concerning the Disposing of Persons who got ill or died during their Travels shall partially be amended as follows:
In Article 3, Paragraph 1, "the members of a House" shall be deleted.
In Article 6, "Articles 955 and 956" shall read "Article 878."
In Article 10, Paragraph 1, "the members of a House" shall read "relatives living together."
Article 5.　The National Tax Collection Law shall partially be amended as follows:
The Proviso of Paragraph 1 of Article 4-(3), shall be deleted and in Paragraph 2 of the same Article, "successor by reason of the loss of nationality or" shall be deleted.
In Article 16, Items 1, 2 and 8, "the members of a House" shall read "relatives" and in Item 5 of the same Article, "the House of" shall be deleted.
In Article 21, "the members of a House" shall read "relatives living together."
Article 6.　The National Eugenic Law shall partially be amended as follows:
In Article 4, "if he or she has not completed his or her thirtieth year or," "if the father and mother are unable to declare their intention...... the consent or application of guardian......" and "the consent or application (of the father and mother shall be replaced by) that of family council" shall respectively read "if he or she it a minor or a (feebleminded) person having no spouse," "(if the father and mother are) unable to declare their intention....., the consent of guardian......, and" the consent (of the father and mother shall be replaced by) the permission of a Court of Domestic Relations ";" who are in his or her House, "(in case of a person who has entered the House of his or her spouse by reason of marriage, the father and mother of his or her spouse and hereinafter the same shall apply)," "(if the father and mother) have left the House," and "(the consent or application) of the head of a House, and if the head of a House is unknown, a minor, or unable to declare his or her intention," shall be deleted;and the Proviso of Paragraph 4 of the same Article shall be deleted;and the following Paragraph shall be added to the same Article:
With regard to the application of the provisions of the Law for Adjudgment of Domestic Relations, the permission mentioned in the preceding paragraph shall be deemed to be the matter mentioned in Article 9, Paragraph 1 (A) of the said Law.
In Article 5, "(if the person concerned) has not completed his or her thirtieth year of" shall read "(if the person concerned) is a minor or a (feebleminded) person having no spouse," and "who are in his or her House" shall be deleted.
In Article 7, Paragraph 2, "who are in his or her House" shall be deleted.
Article 7.　The Industrial Association Law shall partially be amended as follows:
In Article 1, Paragraph 3, "a person who is in the same House" shall read "a person living together."
Article 8.　Regulations of Bailiffs shall partially be amended as follows:
In Articles 8 and 9, "wife" shall read "spouse."
Article 9.　The Vaccination Law shall partially be amended as follows:
Article 20.　A protector within the meaning of this Law is a person who exercises parental power over a minor or a guardian.
Article 10.　The Juvenile Law shall partially be amended as follows:
In Article 55, "The Head of a House" shall be deleted.
Article 11.　The Commercial Code shall partially be amended as follows:
In Articles 5 and 6, "or wife" shall be deleted.
In Article 7, Paragraph 1, "a legal representative with the consent of the family council (carries on.... on behalf of) a person under disability" shall read "a guardian (carries on..... on behalf of) a ward" and in the same Article, Paragraph 2, "a legal representative" shall read "guardian."
Article 12.　The Law of Trusts shall partially be amended as follows:
Article 5, Paragraphs 2 and 3 shall be deleted.
Article 13.　The Law concerning the Custody of the Lunatics shall partially be amended as follows:
In Article 1, Paragraph 1, "relatives up to the fourth dagree of relationship or the head of a House" and "Article 908" shall respectively read "or relatives up to the fourth degree of relationship" and "Article 846," and in the same Article, Paragraph 2, "a father or mother who exercises parental power," "the head of a House" and a family council "shall respectively read" a person who exercises parental power, "deleted" and "the Court of Domestic Relations," and the following paragraph shall be added to the same Article:
With regard to the application of the provisions of the Law for Adjudgment of Domestic Relations, the appointment mentioned in the preceding paragraph Item 5, shall be deemed to be the matter mentioned in Article 9, Paragraph 1 (A) of the said Law.
In Article 3, Paragraph 3, "Article 922" shall read "Article 858."
In Article 23, "the court in accordance with the provisions of Article 50 or 60 of the Law of Procedures in Personal Matters" shall read "the Court of Domestic Relations."
Article 14.　The Local Taxes Law shall partially be amended as follows:
The Provisos of Article 5, Paragraph 3 and of Article 29, Paragraph 3, shall read as follows:
But a successor who has effected a qualified acceptance assumes duties to the extent of the value of the property acquired through the succession.
In Article 50, Paragraph 4, Item 1 and Article 53, Paragraph 2, Item 1, "succession to the headship of a house or succession to estate" shall read "succession" .
Article 15.　The Epidemic Prevention Law shall partially be amended as follows:
In Article 4, Paragraph 2, and Article 14, "the head of a House" shall read "the head of the family household."
Article 16.　The Patent Law shall partially be amended as follows:
In Article 91, Item 1, "wife" shall read "spouse" , and in the same Article, Item 3, "the head of a House or the members of a House" shall read "relatives living together" .
Article 17.　The Land Expropriation Law shall partially be amended as follows:
In Article 40, Paragraph 2, "the head of a House, the members of a House" shall read "relatives living together" .
Article 18.　The Trachoma Prevention Law shall partially be amended as follows:
Article 11, Item 1 shall read as follows:
1.　The person who exercises parental power over a minor or the guardian of a minor or of a person adjudged incompetent.
Article 19.　The Bankruptcy Law shall partially be amended as follows:
In Article 9, Paragraph 1, "succession to estate" shall read "succession" .
In Article 11, Paragraph 2, "Article 1089" shall read "Article 987" .
Article 13　deleted.
Article 14, Paragraph 3 shall be deleted.
The latter part of Article 31 shall be deleted.
Article 35 to 37 inclusive　deleted.
In Article 42, "or the credit of the creditor of the former head of a House after the opening of a succession" shall be deleted.
Article 45　deleted.
In Article 68, "Article 796" , "Article 797" and, "Article 897" shall respectively read "Article 758" , "Article 759" and "Article 835" ;and the following paragraph shall be added to the said Article:
With regard to the application of the Law for Adjudgment of Domestic Relations, the disposition relating to the alteration of an administrator of estate and the partition of the common estate in accordance with the provision of Article 758, Paragraphs 2 and 3 of the Civil Code to be applied with the necessary modifications in the preceding paragraph shall be deemed to be the matters mentioned in Article 9, Paragraph 1 (B) of the Law for Adjudgment of Domestic Relations, and the judgment of loss of administrative right in accordance with the provisions of Article 835 of the Civil Code to be applied with the necessary modifications in the preceding paragraph shall be deemed to be the matters mentioned in Article 9, Paragraph 1 (A) of the Law for Adjudgment of Domestic Relations.
In Article 72, Item 3, "the head of a House, the members of House" shall be deleted.
In Article 80, "and the act performed by the former head of a House regarding the property prescribed in Article 13" shall be deleted.
In Article 83, Paragraph 1, Item 2, "the head of a House, the members of a House" shall be deleted.
In Article 97, Paragraph 1, "the person who has the right of seizing the hereditary property of a peer and" shall be deleted.
Article 130, Paragraph 2 shall be deleted.
In Article 131, "Article 1041" shall read "Article 941" .
In Article 152, "former head of a House," shall be deleted.
In Article 153, Paragraph 1, "former head of a House, administrator of estate of inheritance, executor of will and agent of heir or former head of a House" shall read "his or her agent, administrator of estate of inheritance and executor of will" .
In Article 315, "or former head of a House" and "creditors of the former head after beginning of inheritance" shall be deleted.
In Article 345, Paragraph 2, "Article 1021" shall read "Article 918" and the following paragraph shall be added to the said Article:
With regard to application of the said Law, for Adjudgment of Domestic Relations, the disposition relating to the preservation and management of an estate of inheritance in accordance with the provisions of Article 918, Paragraphs 2 and 3 of the Civil Code to be applied with the necessary modifications in the preceding paragraph, shall be deemed to be the matters mentioned in Article 9, Paragraph 1 (A) of the Law for Adjudgment of Domestic Relations.
In Article 376, "Former head of a House" shall be deleted.
Article 20.　The law concerning the Registration of Immovables shall partially be amended as follows:
In Article 12, Paragraph 1, "wife" shall read "spouse" .
Article 21.　The Law concerning the Application of Laws in General shall partially be amended as follows:
In Article 13, Paragraph 2, "Article 777" shall read "Article 741" .
Article 14, Paragraph 2 and Artcile 15, Paragraph 2 shall be deleted.
Article 22.　The Law concerning Prohibition of Minors from Drinking shall partially be amended as follows:
In Article 1, Paragraphs 1 and 3 and Article 2, "minors" shall read "persons under the full twenty years of age" .
In Article 4, Paragraph 2, "the head of a House members of House" shall be deleted.
Article 23.　The Law concerning Prohibition of Minors from Smoking shall partially be amended as follows:
In Articles 1 and 4, "minors" shall read "persons under the full twenty years of age" .
Article 24.　The Law concerning Publication by Subscription shall partially be amended as follows:
In Article 5, Paragraph 2, "the head of a House or" shall be deleted.
Article 25.　In the following provisions, "the head and members of a House" shall be deleted:
Article 12-(3) of the Opium Law
Article 15 of the Law of Management of Plants Exported or Imported
Article 26.　In the following provisions, "the head of a House, members of a House," shall be deleted:
Article 10 of the Law of Management of the Compressed and Liquidized Cases
Article 18 of the Law concerning Encouragement of Deep-sea Fishery
Article 45, Paragraph 2 of the Law concerning Associations of Owners of Houses for Rent
Article 21 of the Law concerning Live-stock Markets
Article 64 of the Fishery Law
Article 104, Paragraph 1 of the Mining Law
Article 77 of the National Medical Treatment Law
Article 17 of the National Physical Strength Law
Article 49, Paragraph 1 of the Silk Industry Law
Article 20, Paragraph 2 of the Law concerning Buildings in Urban Districts
Article 16 of the Social Work Law
Article 21 of the Law of Management of Firearms and Explosives
Article 15 of the Law concerning Control of Important Exports
Article 29 of the Breeding Hores Control Law
Article 8 of the Law of Management of Merchandise Certificates
Article 103 of the Forest Law
Article 10 of the Silk-reeling Industry Law
Article 24 of the Central Wholesable Market Law
Article 15 of the Butchery Law
Article 13 of the Law of Management of Fertilizers
Article 25-(8) of the Pasture Law
Article 149 of the Insurance Business Law
Article 42 of the Law concerning Medicine Affairs
Article 10 of the Law of Management of Exported Silk Fabrics
Article 7 of the Law of Management of Exported Woolen Farbics
Article 12 of the Law of Management of Exported Marine Products
Article 22 of the Dairy-farming Adjustment Law
Article 17 of the Forestry and Seedling Law
Article 36 of the Trade Union Law
Article 14 of the Law No.67 of the 14th year of Showa (1939)(Law concerning agency of copyright)
Article 27.　In the following provisions, "the head of a House, members of a House" shall read "persons living together" :
Article 26 of the Gas Industry Law
Article 16, Paragraph 1 of the Express Business (Kounso) Law
Article 12 of the Rehabilitation Work Law
Article 15 of the Warehousing Business Law
Article 46 of the Ship-building Industry Law
Article 37 of the Electrical Industry Law
Article 16 of the Law concerning the Weights and Measures
Article 9 of the Law concerning Increase of Production and Control of Rationing of Ammonia Sulphate.
Article 28.　The following Laws shall hereby be abolished:
The Law No.94 of the 32nd year of Meiji (1899)(Law concerning rights of those who have lost nationality)
The Law No.13 of the 33rd year of Meiji (1900)(Law concerning confirmation of a will in accordance with the provisions of Articles 1079 and 1081 of the Civil Code)
Supplementary Provisions:
Article 29.　The present Law shall come into force as from January 1, 1948.
Article 30.　The acceptance of trust which was made by a wife without any permission of her husband, before the enforcement of the Law No.74, the 22nd year of Showa (1947)(Law concerning temporary Measures of the Civil Code pursuant to the Enforcement of the Constitution of Japan cannot be rescinded.
Article 31.　Bankruptcy in case of applying, relating to succession, in accordance with the provisions of Article 25, Paragraph 1 of the supplementary provisions of the partial amendments to the Civil Code which comes into force on the same day as the present Law (hereinafter referred to as the New Codes) shall be governed by the provisions hitherto in ferce regardless of the provisions of Article 19.
The same as the preceding paragraph shall apply to cases where an adjudication of bankruptcy has been given to the property succeeded to relating to succession of the provisions of Article 25, Paragraph 2 of the supplementary provisions of the New Code, before the enforcement of this Law.
Article 32.　Effect of marriage and the property system of husband and wife in case of an alien having married a woman who is the head of a House or become an adopted child of a Japanese as a husband of his daughter shall, regardless of the provisions of Article 21, be governed by the provisions hitherto in force.
Prime Minister　KATAYAMA Tetsu
Minister for Home Affairs　KIMURA Kozaemon
Minister of Finance　KURUSU Takeo
Minister of Justice　SUZUKI Yoshio
Minister of Welfare　HITOTSUMATSU Sadayoshi
Minister of Agriculture and Forestry　HATANO Kanae
Minister of Commerce and Industry　MIZUTANI Chozaburo
Minister of Transportation　KITAMURA Tokutaro
Minister of Labor　YONEKUBO Mitsusuke