Law for Partial Amendments to the Immovables Registration Law, etc.
法令番号: 法律第150号
公布年月日: 昭和26年4月20日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendments to the Immovables Registration Law, etc.
Signed:HIROHITO, Seal of the Emperor
This twentieth day of the fourth month of the twenty-sixth year of Showa (April 20, 1951)
Prime Minister　YOSHIDA Shigeru
Law No.150
Law for Partial Amendments to the Immovables Registration Law, etc.
Article 1.　The Immovables Registration Law (Law No.24 of 1899) shall be partially amended as follows:
In Article 9 paragraph 2, "a copy of the register of such immovable property" shall be amended as "the registration form of such an immovable property" , and the proviso to the same paragraph and paragraph 1 of the same Article shall be deleted.
Article 14 paragraph 2 shall be deleted.
Article 15 paragraph 2 shall be deleted.
In Article 16 paragraph 1, "a registration number column," shall be deleted, the following proviso shall be added to the same paragraph, and paragraph 2 of the same Article shall be deleted.
However, in case there is no matter to be entered in section B, the said section may be dispensed with.
Articles 17 and 18 shall be amended as follows:
Articles 17 and 18.　Deleted.
Article 19 shall be deleted, and Article 19-(2) shall be made Article 19.
In Article 20 paragraph 1, ", the index-book, and the joint parties'names book" shall be deleted.
In Chapter III, the following one Article shall be added next to Article 24:
Article 24-(2).　In case a registration form has been closed, it shall be filed in a closed registration book.
The closed registration form shall be kept for thirty years from the day of its closure.
The provisions of Articles 14, 21 and 21-(2) shall apply mutatis mutandis to the closed registration book.
Article 51 shall be amended as follows:
Article 51,　Deleted.
In Article 60 paragraph 1, "the registration number," shall be deleted.
Articles 67 and 68 shall be amended as follows:
Articles 67 and 68.　Deleted.
In Article 71 paragraph 1, "a new number in the registration number column following the order of registration in the registration book," shall be deleted.
In Article 72 paragraph 1, ", and the copies of the Registry Books which have been sent due to the transfer of jurisdiction and received within the same period" shall be deleted.
Article 74 paragraph 2 shall be amended as follows:
In the case of the preceding paragraph, at the end of the registration made in the indication column and the particular column, there shall be entered the statement to the effect that the registration has been made in accordance with the documents mentioned in the preceding paragraph, and the date thereof, and the registrar shall affix his seal thereto.
Article 76 shall be amended as follows:
Article 76.　When the sheets of registration forms have become so numerous as to cause inconvenience of handling, the registration concerned may be transferred to a new form.
In the case of the preceding paragraph, the statement to the effect that the registration has been transferred in accordance with the provisions of the same paragraph, and date thereof shall be entered at the end of the registration which has been transferred in the indication column and particular column and the registrar concerned shall affix his seal thereto.
When a registration has been transferred in accordance with the provisions of paragraph 1, the old registration form shall be closed.
Article 76-(2) shall be deleted, and Article 76-(3) shall be made Article 76-(2).
In Article 79, "or number" shall be deleted.
In Article 80, "or new number thereof," shall be deleted.
Article 81 shall be amended as follows:
Article 81.　The provisions of Article 56 paragraph 2 shall apply mutatis mutandis to the application for the registration of a division or consolidation of land, of its destruction, of the diminution of its area or of the change of its classification in the cases where instruments of mortgage have been issued.
In Article 82, "the registration numbered X" shall be amended as "the registration form for the land numbered X" , and in paragraph 1 of the same Article, "in the registration number column of the registration form, there shall be entered the number," shall be deleted and "and in the indication column thereof" shall be amended as "in the indication column of the registration form" .
In Article 84 paragraph 2, "the registration numbered X" shall be amended as "the registration form for the land numbered X" .
In Article 85 paragraph 1, "the registration numbered X" shall be amended as "the registration form for the land numbered X" , and paragraph 4 of the same Article shall be amended as follows:
When, in case the registration of ownership or other rights is to be transferred, the ground of registration, its date, the subject matter of registration and the receipt number are the same, in the registration form for parcel of land, B, there shall be entered, instead of their transcription, the number of parcel of land, A, and the statement to the effect that there have been registered same matters concerning the said land.
In Article 86, "the registration numbered X" shall be amended as "the registration form of parcel of land numbered X" , and in paragraph 2 of the same Article, "its indication number and the registration number" as "and its indication number" .
In Article 91 paragraph 2, "or the house number" shall be deleted.
In Article 92, ", the new house number" shall be deleted.
Article 93 shall be amended as follows:
Article 93.　The provisions of Article 56 paragraph 2 shall apply mutatis mutandis to an application for registration of a division of a building or consolidation of buildings, a change in the type or structure of a building, its destruction or the diminution of its area in case instruments of mortgage have been issued.
In Article 94, "the registration numbered X" shall be amended as "the registration form of the building with the house number X" , and in paragraph 1 of the same Article, "the number in the registration number column, and" shall be deleted.
In Article 95 paragraph 1, "the registration numbered X" shall be amended as "the registration form of the building with the house number X" .
In Article 100-(2), "as a consequence of the change in the area of administrative jurisdiction or aza," shall be deleted.
In Article 101 and Article 102-(3) paragraph 3, ", the indication number and registration number" shall be amended as "and its number" .
Article 108 shall be deleted, and Article 108-(2) shall be made Article 108.
In Articles 129,131 and 137, "there shall be entered the number in the registration number column" shall be deleted respectively.
In Article 163, "there shall be entered in the registration number column a new number, following the order of the registration in the registration book concerned, and at the left the former number shall be added;and" shall be deleted.
Article 2.　The Factory Hypothecation Law (Law No.54 of 1905) shall be partially amended as follows:
In Article 20 paragraph 1, "a registration number column," and paragraph 2 of the same Article shall be deleted.
Article 3.　The Law concerning Standing Timber (Law No.22 of 1909) shall be partially amended as follows:
Article 12 paragraph 2 shall be deleted.
In Article 14 paragraph 1, "the registration number column," shall be deleted, and the following proviso shall be added to the same paragraph, and paragraph 2 of the same Article shall be deleted.
However, section B may be dispensed with, if there is no matter to be entered.
Article 16 shall be amended as follows:
Article 16.　The application for the registration of preservation of the ownership may be made by the following persons:
(1)　The person who has been registered in the registration book as the owner or the superficiary of the land where the standing timber concerned is located;
(2)　The person who or whose ancestor is registered in the land ledger as the owner of the land where standing timber is located;
(3)　The person who can prove his ownership by a certificate of the person mentioned in item (1);
(4)　The person who can prove his ownership by a judgment or other document issued by a government or public office.
In case an application is made for the registration of preservation of the ownership, in the written application, there shall be entered the statement to the effect that under the provisions of the item numbered X of the preceding paragraph the application for registration is made, with the document for certification or plans, as required, annexed;however, it is not necessary to enter a statement of the ground of registration and its date or to annex the documents mentioned in Article 35 paragraph 1 items (2) to (4) inclusive of the Immovables Registration Law.
In Article 19 paragraph 1, "the registration number of the standing timber shall be entered" shall be amended as "the registration form of the standing timber shall be indicated" , and in paragraph 2 of the same Article, "the registration number entered under" be amended as "indication under" .
Supplementary Provisions:
1　This Law shall come into force as from July 1, 1951.
2　The registration book under previous provision shall be renewed in accordance with the amended provisions by the registry office.
3　The necessary matters concerning the renewal under the provisions of the preceding paragraph shall be fixed by the Attorney-General's Office Ordinance.
4　Until the renewal under the provisions of paragraph 2 is completed, the previous provisions shall apply to the registration to be made in the registry office concerned. However, the same shall not apply to the provisions of Articles 79, 80, 81, 91 paragraph 2, Articles 92, 93 and 100-(2) of the previous Immovables Registration Law as well as the provisions of Article 16 of the previous Law concerning Standing Timber.
Attorney-General　OHASHI Takeo
Prime Minister　YOSHIDA Shigeru