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 11第十一条Caption changed
Decisions for Commencement of CuratorshipDecisions to Grant Authority to Represent to an Assistant保佐開始の審判補助人に代理権を付与する旨の審判
Article 11, paragraph (1)（補助人に代理権を付与する旨の審判）Decisions to Grant Authority to Represent to an AssistantChanged
The family court may decide to commence a curatorship in respectIn any of a person whose capacity to appreciate their own situation is extremely inadequate due to a mental disorder or disability, atthe following cases, if the request of the person in question, the person's spouse, the person's relative within the fourth degree of kinship, the guardian, the guardian's supervisor,family court finds it to be necessary, it may issue a decision to grant the assistant, the assistant's supervisor, or authority to represent, for a public prosecutor; provided, however, that this does not applyperson subject to a person in respectdecision for commencement of whom a cause stated in Article 7 exists.assistance, in respect of specified juridical acts:
Article 11, paragraph (1), item (i)（補助人に代理権を付与する旨の審判）Decisions to Grant Authority to Represent to an AssistantAdded
if a request is made by a person prescribed in Article 7, paragraph (1) when a decision for commencement of assistance is made;
補助開始の審判をする場合において、第七条第一項に規定する者から請求があったとき。
Article 11, paragraph (1), item (ii)（補助人に代理権を付与する旨の審判）Decisions to Grant Authority to Represent to an AssistantAdded
if, after a decision for commencement of assistance has been made, a request is made by a person prescribed in Article 7, paragraph (1) or by the assistant or the assistant's supervisor.
Article 11, paragraph (2)（補助人に代理権を付与する旨の審判）Decisions to Grant Authority to Represent to an AssistantAdded
The issuance of a decision under the provisions of the preceding paragraph at the request of a person other than the person in question requires the consent of the person in question; provided, however, that this does not apply if the person in question is unable to manifest the person's intention.
Article 12, paragraph (1)（補助開始の審判等の取消し）Setting Aside of Decisions for Commencement of Assistance, etc.Changed
A person subject If the grounds prescribed in Article 7, paragraph (1) cease to a exist, the family court must set aside the decision for commencement of curatorship becomes assistance at the request of a person under curatorship, and a curator is appointed for that personprescribed in that paragraph, the assistant, or the assistant's supervisor.
Article 13, paragraph (1)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
A person under curatorship must obtain the consent of the curator in order to perform any of the following acts; provided, however, that this does not apply to an act provided for in the proviso of Article 9:
Article 13, paragraph (1), item (i)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
receiving or using principal;
元本を領収し、又は利用すること。
Article 13, paragraph (1), item (ii)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
borrowing money or guaranteeing an obligation;
借財又は保証をすること。
Article 13, paragraph (1), item (iii)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
performing an act with the purpose of acquiring or losing any right regarding immovables or other significant property;
不動産その他重要な財産に関する権利の得喪を目的とする行為をすること。
Article 13, paragraph (1), item (iv)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
performing a procedural act;
訴訟行為をすること。
Article 13, paragraph (1), item (v)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
giving a gift, reaching a settlement, or entering into an arbitration agreement (meaning an arbitration agreement as provided in Article 2, paragraph (1) of the Arbitration Act (Act No. 138 of 2003));
Article 13, paragraph (1), item (vi)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
accepting or renouncing a succession or dividing an estate;
相続の承認若しくは放棄又は遺産の分割をすること。
Article 13, paragraph (1), item (vii)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
refusing an offer of a gift, renouncing a legacy, accepting an offer of gift with burden, or accepting a legacy with burden;
贈与の申込みを拒絶し、遺贈を放棄し、負担付贈与の申込みを承諾し、又は負担付遺贈を承認すること。
Article 13, paragraph (1), item (viii)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
constructing a new building, renovating, expanding, or undertaking major repairs;
新築、改築、増築又は大修繕をすること。
Article 13, paragraph (1), item (ix)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
granting a lease for a term that exceeds the period stated in Article 602; or
第六百二条に定める期間を超える賃貸借をすること。
Article 13, paragraph (1), item (x)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
performing any of the acts stated in the preceding items as a legal representative of a person with qualified legal capacity (meaning a minor, adult ward, or person under curatorship or a person under assistantship who is subject to a decision referred to in Article 17, paragraph (1); the same applies below).
Article 13, paragraph (2)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
At the request of a person referred to in the main clause of Article 11 or the curator or curator's supervisor, the family court may decide that the person under curatorship must also obtain the consent of the curator before performing an act other than those stated in each of the items of the preceding paragraph; provided, however, that this does not apply to an act provided for in the proviso to Article 9.
Article 13, paragraph (3)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
If the curator does not consent to an act for which the person under curatorship must obtain the curator's consent even though it is unlikely to prejudice the interests of the person under curatorship, the family court may grant permission that operates in lieu of the curator's consent at the request of the person under curatorship.
Article 13, paragraph (4)（保佐人の同意を要する行為等）(Acts Requiring Consent of Curator)Removed
An act for which the person under curatorship must obtain the curator's consent may be revoked if the person performs it without obtaining the curator's consent or a permission that operates in lieu of it.
Setting Aside of Decisions for Commencement of Curatorship
保佐開始の審判等の取消し
Article 14, paragraph (1)（保佐開始の審判等の取消し）(Setting Aside of Decisions for Commencement of Curatorship)Removed
If the grounds prescribed in the main clause of Article 11 cease to exist, the family court must set aside the decision for the commencement of curatorship at the request of the person in question, that person's spouse, that person's relative within the fourth degree of kinship, the guardian of a minor, the supervisor of a minor's guardian, the curator, the curator's supervisor, or a public prosecutor.
Article 14, paragraph (2)（保佐開始の審判等の取消し）(Setting Aside of Decisions for Commencement of Curatorship)Removed
At the request of a person provided for in the preceding paragraph, the family court may set aside all or part of the decision referred to in paragraph (2) of the preceding Article.
家庭裁判所は、前項に規定する者の請求により、前条第二項の審判の全部又は一部を取り消すことができる。
Article 15第十五条Caption removed
Decisions for Commencement of Assistance
補助開始の審判
Article 15, paragraph (1)（補助開始の審判）(Decisions for Commencement of Assistance)Removed
The family court may decide to commence an assistance in respect of a person whose capacity to appreciate their own situation is inadequate due to a mental disorder or disability, at the request of the person in question, that person's spouse, that person's relative within the fourth degree of kinship, the guardian, the guardian's supervisor, the curator, the curator's supervisor, or a public prosecutor; provided, however, that this does not apply to a person with respect to whom there are grounds as prescribed in Article 7 or the main clause of Article 11.
Article 15, paragraph (2)（補助開始の審判）(Decisions for Commencement of Assistance)Removed
The issuance of a decision for commencement of assistance at the request of a person other than the person in question requires the consent of the person in question.
本人以外の者の請求により補助開始の審判をするには、本人の同意がなければならない。
Article 15, paragraph (3)（補助開始の審判）(Decisions for Commencement of Assistance)Removed
A decision for commencement of assistance must be made concurrent with a decision referred to in Article 17, paragraph (1) or a decision referred to in Article 876-9, paragraph (1).
Article 16, paragraph (1)（被補助人及び補助人）(Persons under Assistantship; Assistants)Removed
A person subject to a decision for commencement of assistance becomes a person under assistantship, and an assistant is appointed for that person.
補助開始の審判を受けた者は、被補助人とし、これに補助人を付する。
Article 17第十七条Caption removed
Decisions Requiring Person to Obtain Consent of Assistant
補助人の同意を要する旨の審判等
Article 17, paragraph (1)（補助人の同意を要する旨の審判等）(Decisions Requiring Person to Obtain Consent of Assistant)Removed
At the request of the person referred to in the main clause of Article 15, paragraph (1) or the assistant or assistant's supervisor, the family court may decide that the person under assistantship must obtain the consent of the person's assistant in order to perform a specific juridical act; provided, however, that the acts that such a decision may establish as those for which the person must obtain the consent of the assistant are restricted to a part of the acts provided for in Article 13, paragraph (1).
Article 17, paragraph (2)（補助人の同意を要する旨の審判等）(Decisions Requiring Person to Obtain Consent of Assistant)Removed
The issuance of a decision referred to in the preceding paragraph at the request of a person other than the person in question requires the consent of the person in question.
本人以外の者の請求により前項の審判をするには、本人の同意がなければならない。
Article 17, paragraph (3)（補助人の同意を要する旨の審判等）(Decisions Requiring Person to Obtain Consent of Assistant)Removed
If the assistant does not consent to an act for which the person under assistantship must obtain the assistant's consent even though it is unlikely to prejudice the interests of the person under assistantship, the family court may grant permission that operates in lieu of the assistant's consent, at the request of the person under assistantship.
Article 17, paragraph (4)（補助人の同意を要する旨の審判等）(Decisions Requiring Person to Obtain Consent of Assistant)Removed
An act for which the person under assistantship must obtain the assistant's consent may be revoked if the person performs it without obtaining the assistance's consent or a permission that operates in lieu of it.
Setting Aside of Decisions for Commencement of Assistance
補助開始の審判等の取消し
Article 18, paragraph (1)（補助開始の審判等の取消し）(Setting Aside of Decisions for Commencement of Assistance)Removed
If the grounds prescribed in the main clause of Article 15, paragraph (1) cease to exist, the family court must set aside the decision for commencement of assistance at the request of the person in question, that person's spouse, that person's relative within the fourth degree of kinship, the guardian of a minor, the supervisor of a minor's guardian, the assistant, the assistant's supervisor, or a public prosecutor.
Article 18, paragraph (2)（補助開始の審判等の取消し）(Setting Aside of Decisions for Commencement of Assistance)Removed
At the request of a person as prescribed in the preceding paragraph, the family court may set aside all or part of the decision referred to in paragraph (1) of the preceding Article.
家庭裁判所は、前項に規定する者の請求により、前条第一項の審判の全部又は一部を取り消すことができる。
Article 18, paragraph (3)（補助開始の審判等の取消し）(Setting Aside of Decisions for Commencement of Assistance)Removed
If setting aside the decision referred to in paragraph (1) of the preceding Article and the decision referred to in Article 876-9, paragraph (1) in their entirety, the family court must set aside the decision for commencement of assistance.
Article 19, paragraph (1)（審判相互の関係）(Relationship between Decisions)Removed
If the family court decides to commence a guardianship and the person in question is a person under curatorship or a person under assistantship, it must set aside the decision for commencement of the curatorship or commencement of assistance respecting that person.
Article 19, paragraph (2)（審判相互の関係）(Relationship between Decisions)Removed
The provisions of the preceding paragraph apply mutatis mutandis if the court decides to commence a curatorship and the person in question is an adult ward or a person under assistantship or if the court decides to commence an assistance and the person in question is an adult ward or a person under curatorship.
Article 12, paragraph (2)（補助開始の審判等の取消し）Setting Aside of Decisions for Commencement of Assistance, etc.Added
If the family court finds that it is no longer necessary, it may set aside all or part of the decision under the provisions of Article 9, paragraph (1) at the request of a person prescribed in Article 7, paragraph (1), the assistant, or the assistant's supervisor.
Article 12, paragraph (3)（補助開始の審判等の取消し）Setting Aside of Decisions for Commencement of Assistance, etc.Added
If the grounds prescribed in Article 10, paragraph (1) cease to exist, the family court must set aside the decision under the provisions of Article 10, paragraph (1) at the request of a person prescribed in Article 7, paragraph (1), the specified assistant, or the assistant's supervisor.
Article 12, paragraph (4)（補助開始の審判等の取消し）Setting Aside of Decisions for Commencement of Assistance, etc.Added
If the family court finds that it is no longer necessary, it may set aside all or part of the decision under the provisions of Article 10, paragraph (1) or the decision under the provisions of paragraph (3) of that Article at the request of a person prescribed in Article 7, paragraph (1), the specified assistant, or the assistant's supervisor.
Article 12, paragraph (5)（補助開始の審判等の取消し）Setting Aside of Decisions for Commencement of Assistance, etc.Added
If the family court finds that it is no longer necessary, it may set aside all or part of the decision under the provisions of paragraph (1) of the preceding Article at the request of a person prescribed in Article 7, paragraph (1), the assistant, or the assistant's supervisor.
Article 12, paragraph (6)（補助開始の審判等の取消し）Setting Aside of Decisions for Commencement of Assistance, etc.Added
If all of the decisions under the provisions of Article 9, paragraph (1), Article 10, paragraph (1) and paragraph (1) of the preceding Article are set aside, the family court must set aside the decision for commencement of assistance.
After a person with qualified legal capacity who is involved in dealings with another party becomes a person with the legal capacity to act (meaning a person whose legal capacity to act is not subject to restrictions; the same applies below), the other party to those dealings may fix a period of one month or longer and demand that the person give a definite answer within that period of time as to whether the person will ratify an act that the person may revoke. In such a case, if the person fails to send a definite answer within that period of time, the person is deemed to have ratified that act.
Article 20, paragraph (2)（制限行為能力者の相手方の催告権）(Right to Demand of the Other Party to Dealings Involving a Person with Qualified Legal Capacity)Changed
The second sentence of the preceding paragraph also applies if, before the person with qualified legal capacity becomes a person with the legal capacity to act, the other party to dealings involving the person with qualified legal capacity lodges the demand prescribed in the preceding paragraph with the legal representative, curator, or assistant of that person with respect to an act within the scope of their authority, and they fail to send a definite answer within the fixed period of time referred to in that paragraph.
If a person does not send notice within the period of time stated in the preceding two paragraphs indicating that the person has completed any special formalities that an act requires, the person is deemed to have revoked that act.
Article 20, paragraph (4)（制限行為能力者の相手方の催告権）(Right to Demand of the Other Party to Dealings Involving a Person with Qualified Legal Capacity)Changed
The other party to dealings involving a person with qualified legal capacity may lodge a demand with a person under curatorship or with a person under assistantship who is subject to a decision referred to in under the provisions of Article 179, paragraph (1) to demand that the person get the curator or assistant to ratify an act within the fixed period referred to in paragraph (1). In such a case, if the person under curatorship or personsubject to a decision under assistantship the provisions of paragraph (1) of that Article does not send notice within that period indicating that the person has gotten the curator or assistant to ratify the act in question, the person is deemed to have revoked that act.
Use of Fraudulent Means by Persons with Qualified Legal Capacity（制限行為能力者の詐術）
Article 21, paragraph (1)
If a person with qualified legal capacity uses fraudulent means to induce another person to believe that the person is a person with legal capacity to act, the person may not revoke the act in question.
A person's principal place of daily activity is that person's domicile.
各人の生活の本拠をその者の住所とする。
Article 23第二十三条
Residence（居所）
Article 23, paragraph (1)
If a person's domicile is unknown, the person's residence is deemed to be the person's domicile.
住所が知れない場合には、居所を住所とみなす。
Article 23, paragraph (2)
If a person does not have a domicile in Japan, the person's residence is deemed to be the person's domicile, regardless of whether the person is a Japanese national or a foreign national; provided, however, that this does not apply if the law of domicile is to be applied in accordance with the provisions of the laws that establish the governing law.
If a temporary address is selected for an act, that temporary address is deemed to be the domicile as far as that act is concerned.
ある行為について仮住所を選定したときは、その行為に関しては、その仮住所を住所とみなす。
Section 5 Administration of Absentee Property; Declarations of Presumed Death第五節 不在者の財産の管理及び失踪の宣告
Article 25第二十五条
Administration of Absentee Property（不在者の財産の管理）
Article 25, paragraph (1)
If a person who has taken leave of the domicile or residence up until then (referred to as an "absentee" below) has not appointed an administrator for the person's property (in this Section referred to simply as an "administrator" below), the family court, at the request of an interested person or a public prosecutor, may order the necessary dispositions with regard to the administration of that property. The same applies if the administrator's authority is extinguished during the absence of the absentee.
If an absentee appoints an administrator after an order under the provisions of the preceding paragraph has been issued, the family court must set aside that order at the request of the person's administrator, an interested person, or a public prosecutor.
If an absentee has appointed an administrator but it is unclear whether the absentee is dead or alive, the family court may replace that administrator with another at the request of an interested person or a public prosecutor.
An administrator appointed by the family court pursuant to the provisions of the preceding two Articles must prepare a list of the property that the administrator is to administer. In such a case, the expenses incurred are paid from the property of the absentee.
If it is unclear whether an absentee is dead or alive and an interested person or a public prosecutor so requests, the family court may also order the administrator appointed by the absentee to prepare the list referred to in the preceding paragraph.
Beyond what is provided for in the preceding two paragraphs, the family court may order the administrator to make the dispositions that the court finds to be necessary to preserve the property of the absentee.
If an administrator needs to perform an act exceeding the authority provided for in Article 103, the administrator may perform that act after obtaining the permission of the family court. The same applies if it is unclear whether the absentee is dead or alive and the administrator needs to perform an act exceeding the authority established by the absentee.
Provision of Security by and Remuneration of Administrators（管理人の担保提供及び報酬）
Article 29, paragraph (1)
The family court may require an administrator to provide reasonable security with respect to the administration and return of the property.
家庭裁判所は、管理人に財産の管理及び返還について相当の担保を立てさせることができる。
Article 29, paragraph (2)
The family court may grant reasonable remuneration to the administrator from the property of the absentee based on the relationship between the administrator and absentee and other circumstances.
If it has been unclear for seven years whether an absentee is dead or alive, the family court may enter a declaration of presumed death at the request of an interested person.
The provisions of the preceding paragraph also apply if it has been unclear whether a person who has entered a war zone, was aboard a vessel that has sunk, or was otherwise exposed to a danger likely to result in a person's death is dead or alive, for one year after the war has ended, the vessel sank, or other danger has passed.
Effect of Declarations of Presumed Death（失踪の宣告の効力）
Article 31, paragraph (1)
A person subject to a declaration of presumed death pursuant to the provisions of paragraph (1) of the preceding Article is deemed to have died when the period of time referred to in that paragraph ended, and a person subject to a declaration of presumed death pursuant to the provisions of paragraph (2) of that Article is deemed to have died when that danger had passed.
Revocation of Declarations of Presumed Death（失踪の宣告の取消し）
Article 32, paragraph (1)
Having received proof that a person presumed dead is alive or they died at a time that is different from the time provided for in the preceding Article, the family court must revoke the declaration of presumed death, at the request of the person themselves or an interested party. In this case, the revocation does not affect the validity of any act performed in good faith after the declaration of presumed death but before its revocation.
A person who has acquired property due to a declaration of presumed death loses the rights in question due to its revocation; provided, however, that the person has the obligation to return that property only to the extent that the person has actually been enriched.
Section 6 Presumption of Simultaneous Death第六節 同時死亡の推定
Article 32-2第三十二条の二
Article 32-2, paragraph (1)
If more than one person dies and it is unclear whether one of them was still alive after the death of another, it is presumed that they all died at the same time.