Civil Code

The holder of a statutory lien has the rights to have that holder's own claim satisfied before other obligees out of the assets of the relevant obligor in accordance with the provisions of laws including this Act.

A statutory lien may also be exercised against things including monies that the obligor is to receive as a result of the sale, lease or loss of, or damage to, the subject matter of the statutory lien; provided, however, that the holder of the statutory lien must attach the same before the payment or delivery of the monies or other thing.

The provisions of the preceding paragraph also apply to the consideration for real rights created by the obligor on the subject matter of the statutory lien.

The provisions of Article 296 apply mutatis mutandis to statutory liens.

A person that has a claim arising from the causes stated below has a statutory lien over the entire assets of the obligor:

expenses for the common benefit;

an employer-employee relationship;

expenses for the custody of a child;

funeral expenses; or

the supply of daily necessaries.

Statutory liens for expenses for the common benefit exist with respect to the expenses of preservation, liquidation or distribution of the assets of the obligor incurred for the common benefit of all obligees.

With respect to expenses referred to in the preceding paragraph that were not beneficial for all obligees, the statutory lien exists solely in relation to obligees that benefited from those expenses.

Statutory liens for employment relationships exist with respect to salaries and other claims that arise from the employer-employee relationship between the obligor and the employee.

A statutory lien for expenses for the custody of a child exists with respect to the amount appropriate as expenses required for the custody of a child (meaning the amount calculated, as provided by Ministry of Justice Order in accordance with the number of children who are to be supported by the periodic payments, taking into account the standard expenses required for the custody of a child and other circumstances), out of the periodic payments for each period under a claim for periodic payments with a fixed due date that arises from any of the following obligations:

the duty between the husband and wife to cooperate and be of assistance to each other under the provisions of Article 752;

the duty regarding the sharing of expenses that arise from marriage under the provisions of Article 760;

the duty relating to the custody of a child under the provisions of Article 766 and Article 766-3 (including where these provisions are applied mutatis mutandis under Article 749, Article 771, and Article 788);

the duty of support under the provisions of Article 877 through Article 880.

Statutory liens for funeral expenses exist with respect to the reasonable expenses of a funeral held for the obligor.

The statutory lien referred to in the preceding paragraph also exists with respect to the reasonable expenses of a funeral held by the obligor for a relative whom the obligor is bound to support.

Statutory liens for daily necessaries exist with respect to the supply of food and drink items, fuel and electricity for the most recent six months required for the household of the obligor or cohabiting relatives whom the obligor is bound to support and the domestic servants of the same.

A person that has a claim arising from the causes stated below has a statutory lien against specific movables of the obligor:

a lease of immovables;

a lodging at a hotel;

the transportation of passengers or luggage;

the preservation of movables;

the sale of movables;

the supply of seeds and seedlings or fertilizer (including eggs of silkworms or mulberry leaves provided to feed silkworms; the same applies below);

agricultural labor; or

industrial labor.

Statutory liens for a lease of immovables exist against the movables of the lessee in connection with the rent of the relevant immovables and other obligations of the lessee that arise from that lease relationship.

The statutory lien of a lessor of land exists against movables furnished to that land or buildings for the use of that land, movables provided for the use of that land, and fruits of that land in the possession of the lessee.

The statutory lien of a lessor of a building exists against movables furnished to that building by the lessee.

In the case of an assignment of lease or subleasing, the statutory lien of the lessor extends to the movables of the assignee or sublessee. The same applies to monies that the assignor or sublessor is to receive.

When all of the lessee's assets are to be liquidated, the statutory lien of the lessor exists only with respect to the rent and other obligations for the previous, current and next terms, and obligations to compensate for damage that arise in the previous and current terms.

If a lessor has received a security deposit prescribed in Article 622-2, paragraph (1), the lessor has a statutory lien solely against the portion of the lessor's claim that will not be satisfied by that security deposit.

Statutory lien for lodging at hotels exist against the hand luggage of a hotel guest left at that hotel, in connection with room charges, and food and beverage charges, that should be borne by the hotel guest.

Statutory liens for transportation exist against luggage in the possession of the carrier, in connection with transportation charges for passengers or freight charges for luggage and expenses incidental to the same.

The provisions of Articles 192 through 195 apply mutatis mutandis to statutory liens under the provisions of Article 312 through the preceding Article.

Statutory liens for the preservation of movables exist against movables, in connection with expenses required for the preservation of those movables, or expenses required for the preservation, approval or enforcement of rights regarding those movables.

Statutory liens for the sale of movables exist against movables, in connection with the price of those movables and interest on the same.

Statutory liens for the supply of seeds and seedlings or fertilizer exist against fruits (including eggs of silk worms or any thing derived from the use of mulberry leaves provided to feed silkworms) derived from land where the seeds and seedlings or fertilizer were used, within one year of that use, in connection with the price of those seeds and seedlings or fertilizer and interest on the same.