Chapter II Commencement of Bankruptcy Proceedings (Articles 43 to 58)
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 43第四十三条
Handling of Collection of National Tax Delinquency(国税滞納処分等の取扱い)
Article 43, paragraph (1)
If an order commencing bankruptcy proceedings is issued, collection of national tax delinquency (excluding a disposal of foreign tax delinquency; the same applies in the following paragraph) may not be made against property that belongs to the bankruptcy estate.
If a collection of national tax delinquency has already been initiated against property that belongs to the bankruptcy estate, an order commencing bankruptcy proceedings does not preclude the continuation of the collection of national tax delinquency.
When an order commencing bankruptcy proceedings is issued, the prescription for a fine, petty fine, and collection of equivalent value do not proceed until the bankruptcy proceedings are closed. The same applies during the period after a petition for a grant of discharge is filed until a judicial decision on the petition becomes final and binding (if a petition for a grant of discharge is filed before an order commencing bankruptcy proceedings is issued, during the period after an order commencing bankruptcy proceedings is issued until a judicial decision on the petition becomes final and binding).
Actions Relating to Bankruptcy Estates(破産財団に関する訴えの取扱い)
Article 44, paragraph (1)
When an order commencing bankruptcy proceedings is issued, any action relating to the bankruptcy estate in which the bankrupt stands as a party is subject to a continuance.
破産手続開始の決定があったときは、破産者を当事者とする破産財団に関する訴訟手続は、中断する。
Article 44, paragraph (2)
A bankruptcy trustee may take over the action which was subject to a continuance under the provisions of the preceding paragraph which does not relate to any bankruptcy claim. In this case, a petition for taking over the action may also be filed by the opponent.
In the case referred to in the preceding paragraph, the opponent's claim for court costs against the bankrupt is a claim on the estate.
前項の場合においては、相手方の破産者に対する訴訟費用請求権は、財団債権とする。
Article 44, paragraph (4)
When the bankruptcy proceedings are closed, any action relating to the bankruptcy estate in which a bankruptcy trustee stands as a party is subject to a continuance.
破産手続が終了したときは、破産管財人を当事者とする破産財団に関する訴訟手続は、中断する。
Article 44, paragraph (5)
The bankrupt must take over the action which was subject to a continuance under the provisions of the preceding paragraph. In this case, a petition for taking over the action may also be filed by the opponent.
If bankruptcy proceedings are closed before the action which was subject to a continuance pursuant to the provisions of paragraph (1) is taken over under the provisions of paragraph (2), the bankrupt automatically takes over the action.
Handling of Actions by the Subrogee and Actions for Rescission of Fraudulent Acts(債権者代位訴訟及び詐害行為取消訴訟の取扱い)
Article 45, paragraph (1)
If an action filed by a bankruptcy creditor or holder of a claim on the estate pursuant to the provisions of Article 423, paragraph (1), Article 423-7 or Article 424, paragraph (1) of the Civil Code (Act No. 89 of 1896) is pending at the time of commencement of bankruptcy proceedings, the action is subject to a continuance.
A bankruptcy trustee may take over the action which was subject to a continuance pursuant to the provisions of the preceding paragraph. In this case, a petition for taking over the action may also be filed by the opponent.
In the case referred to in the preceding paragraph, the opponent's claim for court costs against the bankruptcy creditor or holder of a claim on the estate is a claim on the estate.
前項の場合においては、相手方の破産債権者又は財団債権者に対する訴訟費用請求権は、財団債権とする。
Article 45, paragraph (4)
If the bankruptcy proceedings are closed after the action was taken over under the provisions of paragraph (2), the bankruptcy proceedings which were subject to a continuance under the provisions of paragraph (1), the action is subject to a continuance.
In the case referred to in the preceding paragraph, the bankruptcy creditor or holder of claim on the estate must take over the action. In this case, a petition for taking over the action may also be filed by the opponent.
If the bankruptcy proceedings which were subject to a continuance under the provisions of paragraph (1) are closed before the proceeding action has been taken over under the provisions of paragraph (2), the bankruptcy creditor or holder of claim on the estate automatically takes over the action.
Handling of Cases Pending Before Administrative Agencies(行政庁に係属する事件の取扱い)
Article 46, paragraph (1)
The provisions of Article 44 apply mutatis mutandis to cases relating to the bankruptcy estate that is pending before an administrative agency.
第四十四条の規定は、破産財団に関する事件で行政庁に係属するものについて準用する。
Subsection 2 Effect of Commencement of Bankruptcy Proceedings第二款 破産手続開始の効果
Article 47第四十七条
Effect of Juridical Acts After Commencement of Bankruptcy Proceedings(開始後の法律行為の効力)
Article 47, paragraph (1)
A juridical act conducted by the bankrupt after the commencement of bankruptcy proceedings with respect to property that belongs to the bankruptcy estate may not be asserted effective in relation to the bankruptcy proceedings.
A juridical act conducted by the bankrupt on the date of commencement of bankruptcy proceedings is presumed to be conducted after the commencement of bankruptcy proceedings.
破産者が破産手続開始の日にした法律行為は、破産手続開始後にしたものと推定する。
Article 48第四十八条
Effect of Acquisition of Rights After Commencement of Bankruptcy Proceedings(開始後の権利取得の効力)
Article 48, paragraph (1)
If a right is acquired after the commencement of bankruptcy proceedings with respect to property that belongs to the bankruptcy estate but it is not by way of the bankrupt's juridical act, the acquisition of the right may not be asserted effective in relation to the bankruptcy proceedings.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the acquisition of the right under the preceding paragraph that occurs on the date of commencement of bankruptcy proceedings.
前条第二項の規定は、破産手続開始の日における前項の権利の取得について準用する。
Article 49第四十九条
Effect of Registrations After Commencement of Bankruptcy Proceedings(開始後の登記及び登録の効力)
Article 49, paragraph (1)
A registration or a provisional registration under the provisions of Article 105, item (i) of the Real Property Registration Act (Act No. 123 of 2004), which is made with respect to real property or a vessel after the commencement of bankruptcy proceedings based on the cause of registration that occurred prior to the commencement of bankruptcy proceedings, may not be asserted to be effective in relation to the bankruptcy proceedings; provided, however, that this does not apply to a registration or provisional registration made by a person entitled to demand registration, without the knowing the commencement of bankruptcy proceedings.
The provisions of the preceding paragraph apply mutatis mutandis to a registration or provisional registration made with respect to the establishment, transfer, or modification of a right, or registration made with respect to the establishment, transfer, or modification of an enterprise mortgage.
Effect of Payment to the Bankrupt After Commencement of Bankruptcy Proceedings(開始後の破産者に対する弁済の効力)
Article 50, paragraph (1)
Payment made to the bankrupt after the commencement of bankruptcy proceedings without knowing the commencement may also be asserted effective in relation to the bankruptcy proceedings.
Payment made to the bankrupt after the commencement of bankruptcy proceedings with the knowledge of the commencement may be asserted effective in relation to the bankruptcy proceedings only to the extent that the bankruptcy estate has been enriched.
Presumption of Existence or Absence of Knowledge(善意又は悪意の推定)
Article 51, paragraph (1)
For the application of the provisions of the preceding two Articles, the absence of knowledge of the commencement of bankruptcy proceedings is presumed prior to a public notice made under the provisions of Article 32, paragraph (1), and the existence of knowledge of the commencement of bankruptcy proceedings is presumed after the public notice is made.
If two or more persons jointly hold property rights and any one of them has received an order commencing bankruptcy proceedings, a claim for dividing the property in co-ownership may be made even if there is an agreement between the co-owners to the effect that division has not been agreed upon.
In the case referred to in the preceding paragraph, other co-owners may acquire the bankrupt's co-owned interest in the property by paying a reasonable amount of compensation.
前項の場合には、他の共有者は、相当の償金を支払って破産者の持分を取得することができる。
Article 53第五十三条
Executory Contracts(双務契約)
Article 53, paragraph (1)
If both the bankrupt and the other party under an executory contract have not yet completely performed their obligations by the time of the commencement of bankruptcy proceedings, a bankruptcy trustee may cancel the contract or may perform the bankrupt's obligation and request the other party to perform their obligation.
In the case referred to in the preceding paragraph, the counterparty may specify a reasonable period and make a demand on the bankruptcy trustee that the trustee should give a definite answer within that period with regard to whether they will cancel the contract or request performance of the obligation. In this case, if the bankruptcy trustee fails to give a definite answer within that period, it is deemed that the trustee has cancelled the contract.
The provisions of the preceding paragraph apply mutatis mutandis if the counterparty or a bankruptcy trustee may give a notice of termination pursuant to the provisions of the first sentence of Article 631 of the Civil Code or cancel the contract pursuant to the first sentence of Article 642, paragraph (1) of that Code.
If a contract is cancelled pursuant to the provisions of paragraph (1) or (2) of the preceding Article, the counterparty may exercise their right to claim of compensation for damages as a bankruptcy creditor.
In the case referred to in the preceding paragraph, if the counter-performance received by the bankrupt still exists in the bankruptcy estate, the counterparty may request its return, and if it does not exist in the bankruptcy estate, they may exercise their right over its value as a holder of a claim on the estate.
Executory Contracts for Continuous Performance(継続的給付を目的とする双務契約)
Article 55, paragraph (1)
After the commencement of bankruptcy proceedings, the counterparty to a bilateral contract who has an obligation to provide continuous performance to the bankrupt may not refuse to perform the obligation on the grounds that no payment is made with regard to the bankruptcy claim arising from the performance provided prior to the filing of a petition to commence bankruptcy proceedings.
A claim arising from the performance that is provided by the counterparty to an executory contract prescribed in the preceding paragraph after the filing of a petition to commence bankruptcy proceedings, and prior to the commencement of bankruptcy proceedings (in the case of continuous performance for which the amount of claim should be calculated for each specific period of time, the claim arising from the performance provided within the period that includes the date of filing of the petition is included) is a claim on the estate.
The provisions of the preceding two paragraphs do not apply to a labor contract.
前二項の規定は、労働契約には、適用しない。
Article 56第五十六条
Lease Contracts(賃貸借契約等)
Article 56, paragraph (1)
The provisions of Article 53, paragraphs (1) and (2) do not apply when the counterparty of the bankrupt under a contract for the establishment of a leasehold or any other right of use or extracting profit has a registration or meets any other requirement for duly asserting the right against any third party.
In the case prescribed in the preceding paragraph, a claim held by the counterparty is a claim on the estate.
前項に規定する場合には、相手方の有する請求権は、財団債権とする。
Article 57第五十七条
Contract of Mandate(委任契約)
Article 57, paragraph (1)
When bankruptcy proceedings are commenced against the mandator, if they have administered the mandated business without receiving a notice of commencement of bankruptcy proceedings under the provisions of Article 655 of the Civil Code and also without knowing the fact of the commencement of bankruptcy proceedings, the mandatary may exercise their right to a claim arising from the above mentioned administration as a bankruptcy creditor.
Contracts for Transaction of Goods with Market Quotation(市場の相場がある商品の取引に係る契約)
Article 58, paragraph (1)
With regard to a contract for a transaction of goods with a quotation on an exchange or any other market quotation the purpose of which cannot be achieved unless the transaction is performed on a specific date or within a specific period of time from the nature of the transaction, if the due date is to come after the commencement of bankruptcy proceedings, it is deemed that the contract has been cancelled.
In the case referred to in the preceding paragraph, the amount of compensation for damages is determined by the difference between the quotation for the same kind of transaction to be performed at the same time at the place of performance or any other reference place for quotation, and the price of the goods under the contract.
The provisions of Article 54, paragraph (1) apply mutatis mutandis to compensation for damages under the provisions of the preceding paragraph.
第五十四条第一項の規定は、前項の規定による損害の賠償について準用する。
Article 58, paragraph (4)
If there are any special provisions in the exchange or market in question with regard to the particulars specified in paragraph (1) or paragraph (2), those provisions prevail.
If, under a basic contract concluded for performing transactions stated in paragraph (1) continuously by the parties to the transactions, there is an agreement to the effect that claims and liabilities of compensation for damages prescribed in paragraph (2) arising from all contracts for transactions prescribed in paragraph (1) enforced under the basic contract is settled on a net basis, such an agreement prevails with regard to the calculation of the claimable amount of damages.