Law for Conciliation of Civil Affairs
法令番号: 法律第222号
公布年月日: 昭和26年6月9日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Conciliation of Civil Affairs.
Signed:HIROHITO, Seal of the Emperor
This ninth day of the sixth month of the twenty-sixth year of Showa (June 9, 1951)
Prime Minister　YOSHIDA Shigeru
Law No.222
Law for Conciliation of Civil Affairs
Contents
Chapter I General Provisions(Articles 1-23)
Chapter II Special Provisions
Section 1 Conciliation of Residential Land and Building(Article 24)
Section 2 Conciliation of Agricultural Affairs(Articles 25-30)
Section 3 Conciliation of Commercial Affairs(Article 31)
Section 4 Conciliation of Mining Damages(Articles 32-33)
Chapter III Penal Provisions(Articles 34-38)
Supplementary Provisions
(Articles 1-15)
CHAPTER I General Provisions
(Purpose of this Law)
Article 1.　This Law aims at effecting a settlement consistent with reason and befitting actual circumstances by mutual concession of the parties concerned in respect of disputes relating to civil affairs.
(Case of Conciliation)
Article 2.　If a dispute has arisen in respect of civil affairs, the party concerned may make an application for conciliation to the Court.
(Jurisdiction)
Article 3.　Cases of conciliation shall, unless otherwise provided for, be under the jurisdiction of the Summary Court having jurisdiction over the other party's domicile, place of residence or seat of business office or of office, or the District Court or the Summary Court which is determined by the agreement of both parties.
(Transfer, etc.)
Article 4.　In cases where the Court has received an application in respect of a case which does not fall under its jurisdiction, it shall transfer such case to the District Court, the Family Court or the Summary Court having jurisdiction over such case. However, if it deems it specially necessary for disposing of the case, it may transfer the whole or a part of such case to the other competent Court or dispose of such case by itself, notwithstanding the provisions of territorial jurisdiction.
2　Even where the Court has received an application in respect of a case which falls under its jurisdiction, if it deems it suitable for disposing of such case, it may transfer the whole or a part of such case to the other competent Court, notwithstanding the provisions of territorial jurisdiction.
(Organ of Conciliation)
Article 5.　The Court shall effect a conciliation in the conciliation committee. However, the Court, if it deems it proper, may effect a conciliation only by a judge.
2　If the party concerned make an application, the Court shall effect a conciliation in the conciliation committee, notwithstanding the provisions of the proviso to the preceding paragraph.
(Organization of Conciliation Committee)
Article 6.　The conciliation committee shall consist of one chief in conciliation and two or more conciliation commissioners.
(Chief in Conciliation;Conciliation Commissioner)
Article 7.　Chief in conciliation shall be designated from among judges by the District Court.
2　Conciliation commissioners shall be designated with regard to each case by the chief in conciliation from among the following persons:
(1)　The persons appointed beforehand every year by the District Court;
(2)　The persons determined by agreement of both parties.
3　If he deems it necessary for disposing of a case, the chief in conciliation may designate as conciliation commissioner any person who does not fall under the preceding paragraph.
(Assistance to Conciliation)
Article 8.　The conciliation committee may, upon hearing the opinion of both parties, cause such persons as it deems it suitable to give assistance to conciliation.
(Travelling Expenses;Daily Allowance;Hotelcharges)
Article 9.　The travelling expenses, daily allowance and hotel-charges determined by the Supreme Court shall be paid to conciliation commissioners and the persons who have given assistance to conciliation in accordance with the provisions of the preceding Article.
(Fee)
Article 10.　A person who makes an application for conciliation shall pay the fee.
2　The sum of fee under the preceding paragraph shall be fixed by the Supreme Court within the limit of less than 10 yen per 1,000 yen of the value of the matters of which the conciliation has been applied for.
3　If the value of the matters of which the conciliation has been applied for cannot be calculated, it shall be deemed to be 31,000 yen.
(Intervention of Person Interested)
Article 11.　A person interested in the result of conciliation may, by permission of the conciliation committee, intervene in the conciliation procedure.
2　The conciliation committee may, if it deems it proper, cause any person interested in the result of conciliation to intervene in the conciliation procedure.
(Measures before Conciliation)
Article 12.　The conciliation committee may, if it deems it specially necessary for conciliation, on application of the party, oder the prohibition of the change in the existing situation or disposition of things and the elimination of other conducts which make impossible or considerably difficult the realization of matters which are contents of the conciliation to the other party or other interested persons, as measures before conciliation.
2　The measures under the preceding paragraph shall not have the power of execution.
(Cases where Conciliation not Effected)
Article 13.　The conciliation committee may cause a case to terminate, determining that conciliation shall not be effected, if it deems that the case is unsuitable in its nature for conciliation or that the party has applied for conciliation arbitrarily with an improper purpose.
(Failure of Conciliation)
Article 14.　If, in cases where there is no hope of agreement being arrived at between both parties or the agreement arrived at is deemed improper, the Court has not rendered the ruling under Article 17, the conciliation committee may cause the case to terminate, determining that conciliation shall not be formulated.
(Application mutatis mutandis to Conciliation Effected by Judge)
Article 15.　The provisions of Articles 8.9 and 11 to the preceding Article shall apply mutatis mutandis in cases where conciliation is effected only by a judge.
(Formulation of Conciliation;its Effect)
Article 16.　If in conciliation an agreement is arrived at between both parties and is stated in a protocol, conciliation shall be deemed to have been formulated and such statement shall have the same effect as a judicial compromise.
(Ruling Substituted for Conciliation)
Article 17.　If, in case where there is no hope of conciliation by the conciliation committee being formulated it deems it proper, the Court may, upon hearing the opinions of conciliation commissioners and considering equity for both parties and all the circumstances, of its own motion, render ruling necessary for the settlement of the case, in so far as it is not contrary to the purport of applications of both parties. In this ruling, the payment of money, the delivery of things or other property performance may be ordered.
(Raising of Objection)
Article 18.　Against the ruling mentioned in the preceding Article, the party or the person interested may raise an objection, and the term thereof shall be two weeks as from the day on which the party received the notice of the ruling.
2　If an objection is raised within the term prescribed in the preceding paragraph, the ruling mentioned in the said paragraph shall lose its effect.
3　If no objection is raised within the term prescribed in paragraph 1, the ruling mentioned in the said paragraph shall have the same effect as a judicial compromise.
(Bringing of Suit in Case of Failure, etc. of Conciliation)
Article 19.　If, in cases where a case terminated in accordance with the provisions of Article 14 (including cases to which the application mutatis mutandis of this Article is prescribed under Article 15) or a ruling lost its effect in accordance with the provisions of paragraph 2 of the preceding Article, the applicant has brought a suit in respect of the demand constituting the object of conciliation within two weeks as from the day on which he received the notice to that effect, it shall be deemed that such suit has been brought at the time when conciliation was applied for.
(Conciliation by Court of Suit)
Article 20.　The Court of the suit may, if it deems it suitable, cause the competent Court to dispose of such case or may dispose of such case by itself, after submitting such case to conciliation of its own motion. However, this shall not apply in cases where there is no agreement of both parties after an arrangement of points at issue and evidences for the case has been completed.
2　If, in cases where the case has been submitted to conciliation in accordance with the provisions of the preceding paragraph, a conciliation has been formulated or the ruling mentioned in Article 17 has become irrevocable, the suit is deemed to have been withdrawn.
3　In cases where the Court of the suit disposes of the case by conciliation by itself in accordance with the provisions of paragraph 1, the said Court shall designate the chief in conciliation from among its judges, notwithstanding the provisions of Article 7 paragraph 1.
(Immediate Complaint)
Article 21.　Against a decision in conciliation procedure, immediate complaint may be made pursuant to the provisions made by the Supreme Court, and the term thereof shall be two weeks.
(Application mutatis mutandis of Law of Procedure in Non-contentious Matters)
Article 22.　Unless otherwise provided for, the provisions of Book I of the Law of Procedure in Non-contentious Matters (Law No.14 of 1898) shall, unless contrary to its nature, apply mutatis mutandis to conciliation, excepting however the provisions of Article 15 of the said Law.
(Matters not provided for by this Law)
Article 23.　Other than those provided for by this Law, the matters necessary for conciliation shall be determined by the Supreme Court.
CHAPTER II Special Provisions
Section 1 Conciliation of Residential Land and Building
(Case of Conciliation of Residential Land and Building;Jurisdiction)
Article 24.　The case of conciliation with respect to a dispute relating to lease or other utilization relations of residential land or of a building shall be under the jurisdiction of the Summary Court having jurisdiction over the seat of residential land or of a building constituting the object of dispute or under the jurisdiction of the District Court having jurisdiction over the seat thereof to be determined by an agreement of the parties.
Section 2 Conciliation of Agricultural Affairs
(Case of Conciliation of Agricultural Affairs)
Article 25.　This Section shall apply, in addition to those prescribed in the preceding Section, to cases of conciliation with respect to the dispute relating to lease or other utilization relations of agricultural land, or land, building or other agricultural assests accompanying agricultural enterprise (hereinafter referred to as "agricultural land, etc." ).
(Jurisdiction)
Article 26.　The cases of conciliation mentioned in the preceding Article shall be under the jurisdiction of the District Court having jurisdiction over the seat of agricultural land, etc. constituting the object of dispute or of the Summary Court having jurisdiction over such seat to be determined by the agreement of the parties.
(Statement of Opinion of Government Farm Tenancy Officer, etc.)
Article 27.　The government farm tenancy officer "kosaku-kan" or the local farm tenancy officer "kosaku-shuji" may state his opinion to the conciliation committee on the appointed date or other date.
(Hearing Opinion of Government Farm Tenancy Officer, etc.)
Article 28.　The conciliation committee shall, when it is about to formulate conciliation, hear the opinion of the government farm tenancy officer or the local farm tenancy officer.
(Application mutatis mutandis to Conciliation Effected by Judge)
Article 29.　The provisions of the preceding two Articles shall apply mutatis mutandis in cases where conciliation is effected only by a judge.
(Application mutatis mutandis to Transfer, etc.)
Article 30.　The provisions of Article 28 shall apply mutatis mutandis in cases where the Court is about to transfer a case or dispose of it by itself under the provision of the proviso to paragraph 1 or paragraph 2 of Article 4 or is about to render the ruling mentioned in Article 17.
Section 3 Conciliation of Commercial Affairs
(Case of Conciliation of Commercial Affairs;Terms of Conciliation Determined by Conciliation Committee)
Article 31.　If, in cases where there is no hope of agreement being arrived at between both parties or the agreement arrived at is deemed improper, there exists the agreement in writing between both parties to the effect that they will obey the terms of conciliation determined by the conciliation committee, the conciliation committee shall, on application, determine the terms of conciliation suitable for the settlement of the case, as to the case of conciliation with respect to the despute of commercial affairs.
2　If the terms of conciliation mentioned in the preceding paragraph have been stated in a protocol, conciliation shall be deemed to have been formulated and such statement shall have the same effect as a judicial compromise.
Section 4 Conciliation of Mining Damages
(Cases of Conciliation of Mining Damages;Jurisdiction)
Article 32.　The cases of conciliation with respect to a dispute of the compensation for mining damages as provided for by the Mining Law (Law No.289 of 1950) shall be under the jurisdiction of the District Court having jurisdiction over the land where the damage has arisen.
(Application mutatis mutandis of Provisions concerning Conciliation of Agricultural Affairs, etc.)
Article 33.　The provisions of Articles 27 to 31 inclusive shall apply mutatis mutandis to the case of conciliation mentioned in the preceding Article. In this case, "the government farm tenancy officer or the local farm tenancy officer" in Articles 27 and 28 shall read "the Chief of Bureau of International Trade and Industry."
CHAPTER III Penal Provisions
(Punishment for Disappearance)
Article 34.　If any interested person summoned by the Court or the conciliation committee does not appear without proper reason, the Court shall punish him with a non-penal fine not exceeding three thousand yen.
(Punishment for Violating Measures)
Article 35.　If any party concerned or any intervener disobeys the measures ordered in accordance with the provisions of Article 12 (including cases to which the application mutatis mutandis of this Article is prescribed under Article 15) without proper reason, the Court shall punish him with a non-penal fine not exceeding five thousand yen.
(Decision Imposing Non-penal Fine)
Article 36.　The decision imposing a non-penal fine mentioned in the preceding two paragraphs shall be executed by order of the judge. This order shall have the same validity as an executory title of debt.
2　The execution of a decision imposing a nonpenal fine shall be made in accordance with the provisions of laws or ordinances relating to civil procedure. However, the service of a decision is not required before such execution.
3　The provisions relating to the public procurator mentioned in Articles 207 and 208-(2) of the Law of Procedure in Non-contentious Matters shall not apply to the decision imposing a non-penal fine mentioned in paragraph 1.
(Crime of Revealing Secret of Deliberation)
Article 37.　If any person who is or was a conciliation commissioner has revealed the process of deliberation, the opinions of the chief in conciliation or a conciliation commissionor or the number of each opinion without proper reason, he shall be liable to a fine not exceeding five thousand yen.
(Crime of Revealing Secret of Other Person)
Article 38.　If any person who is or was a conciliation commissioner has revealed any secret of other person known by him in relation to matters which he officially disposed of, without proper reason, he shall be liable to imprisonment for a term not exceeding six months or a fine not exceeding ten thousand yen.
Supplementary Provisions:
(Date of Enforcement)
Article 1.　This Law shall come into force as from October 1, 1951.
(Abolition of Law for Conciliation concerning Lease of Land and Houses, etc.)
Article 2.　The Law for Conciliation concerning Lease of Land and Houses (Law No.41 of 1922), the Farm Tenancy Conciliation Law (Law No.18 of 1924), the Law for Conciliation of Commercial Affairs (Law No.42 of 1926) and the Temporary Monetary Debts Conciliation Law (Law No.26 of 1932) shall be abolished.
(Amendment to Agricultural Land Adjustment Law, etc.)
Article 3.　The Agricultural Land Adjustment Law (Law No.67 of 1938) shall be partially amended as follows:
In the proviso to Article 9 paragraph 3, "conciliation in accordance with the Farm Tenancy Conciliation Law" shall be amended as "conciliation of agricultural affairs in accordance with the Law for Conciliation of Civil Affairs (Law No.222 of 1951)."
Articles 10 to 14 inclusive shall be amended as follows and Article 14-(2) paragraph 2 shall be deleted:
Articles 10 to 14 inclusive.　Deleted.
Article 4.　The Law for Abolition of the Wartime Civil Affairs Special Law (Law No.46 of 1945) shall be partially amended as follows:
In paragraph 2 of the Supplementary Provisions, "Articles 14 to 19 inclusive and" shall be deleted.
Article 5.　The Mining Law shall be partially amended as follows:
In Contents, "Intermediation of Compromise and Conciliation" shall be amended as "Intermediation of Compromise," and "Articles 191-195 inclusive" shall be amended as "Articles 191-194 inclusive."
"Section III. Intermediation of Compromise and Conciliation" shall be amended as "Section III. Intermediation of Compromise."
Articless 126 to 164 inclusive shall be amended as follows:
Article 126 to 164 inclusive.　Deleted.
Article 195 shall be deleted.
Article 6.　The Law for Disposal of Leasehold within the Fire Prevention Areas (Law No.40 of 1927) shall be partially amended as follows:
In Article 2 paragraph 2, "the Law for Conciliation concerning Lease of Land and Houses" shall be amended as "the Law for Conciliation of Civil Affairs (Law No.222 of 1951)."
Article 7.　The Rural Debts Readjustment Association Law (Law No.21 of 1933) shall be partially amended as follows:
Article 5 shall be amended as follows:
Article 5.　Deleted.
In Article 6, "the Temporary Monetary Debts Conciliation Law" shall be amended as "the Law for Conciliation of Civil Affairs (Law No.222 of 1951)."
Article 8.　The Temporary Rural Debts Disposition Law (Law No.69 of 1938) shall be partially amended as follows:
In Article 5, "the Temporary Monetary Debts Conciliation Law" shall be amended as "the Law for Conciliation of Civil Affairs (Law No.222 of 1951)."
In Article 6, "the Temporary Monetary Debts Conciliation Law" shall be amended as "the Law for Conciliation of Civil Affairs."
Article 9.　The Law for Temporary Measures concerning the Leasehold Land and Leased Building in the Cities Damaged by War (Law No.13 of 1946) shall be partially amended as follows:
In Article 23, "Articles 4-(2) and 5 of the Law for Conciliation concerning Lease of Land and Houses" shall be amended as "Article 20 of the Law for Conciliation of Civil Affairs (Law No.222 of 1951)."
Article 10.　The Agricultural Committee Law (Law No.88 of 1951) shall be partially amended as follows:
In Article 6 paragraph 1 item (2), ", the Farm Tenancy Conciliation Law (Law No.18 of 1924)" shall be deleted.
Article 11.　The Law for Adjudgment of Domestic Relations (Law No.152 of 1947) shall be partially amended as follows:
The following one paragraph shall be added to Article 3:
If an application is made by the party concerned, the Family Court shall effect a conciliation in the conciliation committee, notwithstanding the provisions of the latter part of the preceding paragraph.
The following one paragraph shall be added to Article 19:
If, in cases where the case has been submitted to conciliation in accordance with provisions of the preceding paragraph, a conciliation has been concluded or a decree in accordance with the provisions of Article 23 or Article 24 paragraph 1 has become irrevocable, the action is deemed to have been withdrawn.
In Article 27, "five hundred yen" shall be amended as "three thousand yen."
Article 28 shall be renumbered as Article 30, in paragraph 1 of the said Article, "one thousand yen" shall be amended as "five thousand yen," Article 29 shall be renumbered as Article 31, in the said Article, "three thousand yen" shall be amended as "ten thousand yen," and the following two paragraphs shall be added next to Article 27:
Article 28.　If any party or any intervener who has been ordered by the conciliation committee or the Family Court the matters necessary for the measures before conciliation disobeys such measures without proper reason, the Family Court shall punish him with a non-penal fine not exceeding five thousand yen.
Article 29.　The decree of non-penal fine mentioned in the preceding two Articles shall be executed by order of judge of domestic relations. This order shall have the same validity as an executory title of debt.
The execution of a decree imposing non-penal fine shall be made in accordance with the provisions of laws or ordinances relating to civil procedure. However, the service of a decree is not required before such execution.
The provisions relating to public procurator mentioned in Articles 207 and 208-(2) of the Law of Procedure in Non-contentious Matters shall not apply to the decree imposing non-penal fine mentioned in paragraph 1.
Article 12.　The Law of Stamps for Civil Procedure (Law No.65 of 1890) shall be partially amended as follows:
The following one Article shall be added next to Article 4:
Article 4-(2).　As to the petition of suit mentioned in Article 19 of the Law for Conciliation of Civil Affairs (Law No.222 of 1951) or in Article 26 paragraph 2 of the Law for Adjudgment of Domestic Relations (Law No.152 of 1947), the stamp of the same amount as the fee for application for conciliation shall be deemed to have been affixed thereto.
(Former Cases of Conciliation)
Article 13.　The former rule shall still apply to cases of conciliation which the Court accepted before the enforcement of this Law.
(Appointment of Persons to Become Conciliation Commissioner, etc.)
Article 14.　As to the application of this Law, the appointment of persons to become conciliation commissioner made in accordance with the provisions of the former laws before the enforcement of this Law shall be deemed to be the appointment made in accordance with the provisions of this Law.
2　As to the application of the former laws, the appointment of persons to become conciliation commissioner made in accordance with the provisions of this Law after its enforcement shall be deemed to be the appointment made in accordance with the provisions of the former laws.
3　The provisions of the preceding two paragraphs shall apply mutatis mutandis to the designation of the chief in conciliation.
(Application of Penal Provisions)
Article 15.　As to the application of penal provisions to acts committed before the enforcement of this Law, the former rule shall still apply.
2　As to the application of the penal provisions to acts committed after the enforcement of this Law by the person who is or was a conciliation commissioner in accordance with the Farm Tenancy Conciliation Law or the Temporary Monetary Debts Conciliation Law, the preceding paragraph shall also apply. However, "one thousand yen" in the former provisions shall read "five thousand yen."
3　In cases where the former provisions relating to a non-penal fine shall apply to acts committed after the enforcement of this Law, "fifty yen" and "five hundred yen" in such provisions shall respectively read "three thousand yen" and "five thousand yen." However, "five hundred yen" in the former provisions of the Law for Adjudgment of Domestic Relations shall read "three thousand yen."
4　Even in cases where the former rule is to apply after the enforcement of this Law, the provisions of Article 36 of this Law or of Article 29 of the Law for Adjudgment of Domestic Relations amended by this Law shall apply to the decision or decree imposing a non-penal fine and the execution thereof.
Attorney-General　OHASHI Takeo
Prime Minister　YOSHIDA Shigeru