I hereby promulgate the Law concerning the Review of Civil Judgment, etc. in Consequence of the Operation of the Treaty of Peace.
Signed:HIROHITO, Seal of the Emperor
This twenty-eighth day of the fourth month of the twenty-seventh year of Showa (April 28, 1952)
Prime Minister YOSHIDA Shigeru
Law concerning the Review of Civil Judgment, etc. in Consequence of the Operation of the Treaty of Peace
(Purpose)
Article 1. The purpose of this Law is to make provisions as to the review of civil judgment, etc. under the provisions of paragraph (b) of Article 17 of the Treaty of Peace with Japan (hereinafter referred to as "the Peace Treaty" ) and the period of time for the presentation of negotiable instruments, etc. provided for in paragraph 2 of C of the Protocol thereof.
(Definitions)
Article 2. In this Law, "the Allied Powers" means the Allied Powers as provided for in Article 25 of the Peace Treaty.
2 In this Law, "nationals of the Allied Powers" means the following:
(1) Individual persons who have nationalities of the Allied Powers;
(2) Corporations and other associations established under the laws and orders of any of the Allied Powers;
(3) Besides such as prescribed in the preceding item, profitmaking juridical persons or other entities whose shares of stocks or share in business (excluding qualifying shares) are all possessed by those mentioned in the preceding two items or this item;
(4) In addition to those mentioned in item (2), non-profit juridical persons and other similar organizations controlled by the persons mentioned in the preceding three items or this item.
(Action for Renewal of Procedure)
Article 3. If, in cases where a final judgment was pronounced against a national of any of the Allied Powers by the day of the coming into force of the Peace Treaty between Japan and the Allied Powers concerned and such judgment became irrevocable on and after December 8, 1941, such national was unable to make adequate presentation of his case as plaintiff or defendant in any proceedings between the said day and the day of the coming into force of the Peace Treaty between Japan and such Allied Power, he may attack such judgment by an action for renewal of procedure only within one year from the day of the coming into force of the Peace Treaty between Japan and such Allied Power.
2 In addition to the provisions of the preceding paragraph, the Code of Civil Procedure (Law No.29 of 1890) shall apply to the renewal of procedure mentioned in the preceding paragraph.
(Liability of State)
Article 4. If, in cases where the cause for renewal of procedure provided for in paragraph 1 of the preceding Article is recognized as existing in the proceedings for renewal of procedure provided for in the said Article, the national of Allied Power concerned has suffered injury by reason of the original judgment, the State shall be liable to restore him in the position in which he was before the original judgment was given or give him just and equitable relief in the circumstances.
2 If, in the case mentioned in the preceding paragraph, there are the other party to the litigation or other persons who is or are liable for such injury, the State shall have a right to be indemnified by the other party or such persons.
3 The request to the State under the provisions of paragraph 1 shall be made within one year from the day on which the final judgment for renewal of procedure has become irrevocable.
4 The procedure for the restoration in position or the relief provided for in paragraph 1 shall be provided for by law separately.
(Period of Time for Presentation of Negotiable Instruments, etc.)
Article 5. The period of time for the presentation of negotiable instruments, etc. provided for in paragraph 2 of C of the Protocol shall be six months.
Supplementary Provision:
This Law shall come into force as from the day of the first coming into force of the Peace Treaty.