Civil Code

With regard to land for which the identity of the owner cannot be ascertained or for which the owner's whereabouts cannot be ascertained (or if the land belongs to several co-owners, a co-ownership share for which the identity of the owner cannot be ascertained or for which the owner's whereabouts cannot be ascertained), the court, finding it necessary, upon the request of an interested person, may issue a disposition to order administration by an administrator of unclaimed land (meaning the administrator of unclaimed land referred to in paragraph (4); the same applies below) for the land or co-ownership share related to the request (referred to as "administration order for unclaimed land" below).

The effect of an administration order for unclaimed land extends to movables (limited to those owned by the owner of the land or the person holding the co-ownership share that is the subject of the administration order for unclaimed land) located on the land that is the subject of the administration order for unclaimed land (or if the administration order for unclaimed land is issued for a co-ownership share, the land that is property in co-ownership).

if an administration order for unclaimed land is set aside after the issuance, it may also be issued on the property obtained by the administrator of unclaimed land due to management or disposition of the land or co-ownership share that is the subject of the administration order for unclaimed land, and movables to which the effect of the administration order for unclaimed land extends, or for other reasons, when it is found to be necessary.

When issuing an administration order for unclaimed land, the court must appoint an administrator of unclaimed land in the order itself.

If an administrator of unclaimed land is appointed pursuant to the provisions of paragraph (4) of the preceding Article, the right to manage and dispose of the land or co-ownership that is the subject of the administration order for unclaimed land, and movables to which the effect of the administration order for unclaimed land extends, as well as the property obtained by the administrator of unclaimed land due to its management or disposition or other reasons (referred to as "unclaimed land, etc." below), is exclusive to the administrator of unclaimed land.

An administrator of unclaimed land must obtain permission of the court in order to conduct any act beyond the scope of the following acts; provided, however, that the absence of permission may not be duly asserted against a third party acting in good faith.

acts of preservation;

acts for the purpose of use or improvement of land with an unclear record of ownership, etc. to the extent that the nature of the land is not changed.

If an administration order for unclaimed land has been issued, the administrator of unclaimed land is to stand as a plaintiff or defendant in an action concerning the unclaimed land, etc.

An administrator of unclaimed land must exercise the authority for the owner of unclaimed land, etc. (including those holding a co-ownership share therein) with the care of a prudent manager.

If an administration order for unclaimed land is issued for the co-ownership shares of several persons, an administrator of unclaimed land must exercise the authority in good faith and impartially for the benefit of all persons holding the co-ownership shares that are the subject of the administration order for unclaimed land.

If an administrator of unclaimed land has caused extreme damage to unclaimed land, etc., in violation of the administrator's duties, or if there are other significant reasons, a court may dismiss the administrator of unclaimed land upon the request of an interested person.

An administrator of unclaimed land may resign with the permission of the court when there are justifiable grounds.

An administrator of unclaimed land may receive advance payment of expenses, and remuneration in an amount determined by the court from the unclaimed land, etc.

The expenses and remuneration necessary for the management of unclaimed land, etc. by an administrator of unclaimed land are to be borne by the owner of the unclaimed land, etc. (including those who have co-ownership shares therein).

With regard to a building for which the identity of the owner cannot be ascertained or for which the owner's whereabouts cannot be ascertained (or if the building belongs to several co-owners, a co-ownership share in a building for which the identity of the owner cannot be ascertained or for which the owner's whereabouts cannot be ascertained), the court, finding it necessary, upon the request of an interested person, may issue a disposition to order administration by an administrator for unclaimed building (meaning the administrator of unclaimed building referred to in paragraph (4); the same applies in this Article below) for the building or co-ownership share related to the request (referred to as "administration order for unclaimed buildings" in this Article below).

The effect of an administration order for unclaimed buildings extends to movables (limited to those owned by the owner of the building or the person holding the co-ownership share that is the subject of the administration order for unclaimed buildings ) located in the building (or if the administration order for unclaimed buildings is issued for a co-ownership share, the building that is property in co-ownership) that is the subject of the administration order for unclaimed building, as well as any rights to the building site for the purpose of owning the building or co-ownership shares therein (limited to right of lease or other rights to use and earn profit (excluding ownership rights) held by the owner of the building or the person holding a co-ownership share that is the subject of the administration order for unclaimed buildings).

an administration order for unclaimed buildings, if it is set aside after the issuance that order, may also be issued on the property obtained by the administrator of unclaimed building due to its management or disposition of the building or co-ownership share that is the subject of the administration order for unclaimed buildings as well as movables and rights on a building site to which the effect of the administration order for unclaimed buildings extends, or other reasons, when it is found to be necessary.

When issuing an administration order for unclaimed buildings, the court must appoint an administrator of unclaimed building in the order itself.

The provisions of Article 264-3 through the preceding Article apply mutatis mutandis to an administration order for unclaimed buildings and an administrator of unclaimed buildings.

If rights or legally protected interests of another person are infringed upon or are likely to be infringed upon due to inappropriate management of land by its owner, the court, finding it necessary, upon the request of an interested person, may make a disposition to order administration by an administrator of mismanaged land (meaning the administrator of mismanaged land referred to in paragraph (3); the same applies below) for the land (referred to as "administration order for mismanaged land" below)

administration order for mismanaged land extends to movables (limited to those owned by the owner of the land that is the subject of the administration order for mismanaged land or the person holding a co-ownership share) located on the land that is the subject of the administration order for mismanaged land.

When issuing an administration order for mismanaged land, the court must appoint an administrator of mismanaged land in the order itself.

An administrator of mismanaged land has the authority to manage and dispose of the land that is the subject of the administration order for mismanaged land, and movables to which the effect of the administration order for mismanaged land extends, as well as the property obtained by the administrator of mismanaged land due to management or disposition, or other reasons (referred to as "mismanaged land, etc." below).

An administrator of mismanaged land must obtain the permission of the court in order to conduct any act beyond the scope of the following acts; provided, however, that the absence of permission may not be duly asserted against a third party acting in good faith and without negligence.

acts of preservation;

acts for the purpose of use or improvement of mismanaged land, etc. to the extent that the nature of the land is not changed.

To grant the permission referred to in the preceding paragraph for the disposal of land that is the subject of an administration order for mismanaged land, the consent of the owner must be obtained.

An administrator of mismanaged land must exercise the authority for the owner of the mismanaged land, etc., with the care of a prudent manager.

If mismanaged land, etc. belongs to several co-owners, an administrator of mismanaged land must exercise the authority faithfully and impartially for the benefit of all of the persons holding co-ownership shares.

If an administrator of mismanaged land has caused extreme damage to mismanaged land, etc. in violation of the administrator's duties, or if there are other important reasons, the court may dismiss the administrator of mismanaged land, upon the request of an interested person.

An administrator of mismanaged land may resign with the permission of the court when there are justifiable grounds.

An administrator of mismanaged land may receive advance payment of expenses, and remuneration, in an amount determined by the court from the mismanaged land, etc.

mismanaged land, etc. by an administrator of mismanaged land are to be borne by the owner of the mismanaged land, etc.

If rights or legally protected interests of another person are infringed upon or are likely to be infringed upon due to inappropriate management of a building by its owner, finding it necessary, upon the request of an interested person, the court may make a disposition to order administration by an administrator of mismanaged building (meaning the administrator of mismanaged building referred to in paragraph (3); the same applies in paragraph (4)) for the building (referred to as "administration order for mismanaged buildings" in this Article below).

The effect of an administration order for mismanaged buildings extends to movables (limited to those owned by the owner of the building that is the subject of the administration order for mismanaged buildings or the person holding a co-ownership share therein) located in the building that is the subject of the administration order for mismanaged building, as well as any rights to the building site in order to own the building (limited to right of lease or other rights for the purpose of use and profit (excluding ownership rights) held by the owner of the building or the person holding a co-ownership share in the building that is the subject of the administration order for mismanaged buildings).

When issuing an administration order for mismanaged buildings, the court must appoint an administrator of mismanaged building in the order itself.

All provisions from Article 264-10 to the preceding article apply mutatis mutandis to an administration order for mismanaged buildings and an administrator of mismanaged building.