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Chapter V Separation of Patrimony第五章 財産分離
Article 941第九百四十一条
Separation of Patrimony at the Request of a Creditor of the Succession or Legatee（相続債権者又は受遺者の請求による財産分離）
Article 941, paragraph (1)
A creditor of the succession or a legatee may file a request with the family court for the decedent's estate to be separated from the property of an heir, within three months of the time the succession opens. The same applies with respect to the filing of such a request even after that period has elapsed, if the decedent's estate has not been mixed with the heir's personal property.
If the family court orders a separation of patrimony based on a request as referred to in the preceding paragraph, the person filing the request must issue public notice within five days indicating that an order for a separation of patrimony has been issued and that petitions for participation in the distribution must be filed within a specified period. This period, in such a case, may not be of less than two months.
The public notice under the provisions of the preceding paragraph is issued by publication in the Official Gazette.
前項の規定による公告は、官報に掲載してする。
Article 942第九百四十二条
Effect of a Separation of Patrimony（財産分離の効力）
Article 942, paragraph (1)
A person filing a request for a separation of patrimony and persons petitioning to participate in the distribution pursuant to the provisions of paragraph (2) of the preceding Article are paid out of the estate with priority over the creditors of the heir.
Administration of the Estate after a Request for a Separation of Patrimony（財産分離の請求後の相続財産の管理）
Article 943, paragraph (1)
If a request has been filed for a separation of patrimony, the family court may order any necessary measures for the administration of the estate.
財産分離の請求があったときは、家庭裁判所は、相続財産の管理について必要な処分を命ずることができる。
Article 943, paragraph (2)
The provisions of Article 27 through Article 29 apply mutatis mutandis if the family court appoints an administrator to the estate pursuant to the provisions of the preceding paragraph.
Administration by Heir after a Request for a Separation of Patrimony（財産分離の請求後の相続人による管理）
Article 944, paragraph (1)
Even after an heir unconditionally accepts the succession, the heir must administer the estate with the same care that the heir would exercise over the heir's own property if a request for a separation of patrimony is filed; provided, however, that this does not apply if the family court appoints an administrator to the estate.
The provisions of Article 645 through Article 647 and Article 650, paragraph (1) and (2) apply mutatis mutandis to a case as referred to in the preceding paragraph.
Requirement for the Perfection of a Separation of Patrimony Involving Real Property（不動産についての財産分離の対抗要件）
Article 945, paragraph (1)
A separation of patrimony involving real property may not be asserted against a third party unless the separation is registered.
財産分離は、不動産については、その登記をしなければ、第三者に対抗することができない。
Article 946第九百四十六条
Mutatis Mutandis Application of Provisions on the Extension of a Security Interest to the Proceeds of Collateral（物上代位の規定の準用）
Article 946, paragraph (1)
The provisions of Article 304 apply mutatis mutandis in the case of a separation of patrimony.
第三百四条の規定は、財産分離の場合について準用する。
Article 947第九百四十七条
Making Payment and Delivery to Creditors of the Succession and Legatees（相続債権者及び受遺者に対する弁済）
Article 947, paragraph (1)
An heir may refuse to make payment or delivery to a creditor of the succession or legatee before the expiration of the period referred to in Article 941, paragraph (1) or paragraph (2).
If a request has been filed for a separation of patrimony, after the expiration of the period referred to in Article 941, paragraph (2), the heir must make payment or delivery to the creditors of the succession and legatees that have requested the separation of patrimony or petitioned to participate in the distribution, out of the assets of the estate, in proportion to the amount of each of their claims; provided, however, that this may not prejudice the rights of any creditor with a right of priority.
The provisions of Article 930 through Article 934 apply mutatis mutandis to a case as referred to in the preceding paragraph.
第九百三十条から第九百三十四条までの規定は、前項の場合について準用する。
Article 948第九百四十八条
Payment or Delivery from the Heir's Own Assets（相続人の固有財産からの弁済）
Article 948, paragraph (1)
A person requesting a separation of patrimony or a person petitioning to participate in a distribution may exercise rights against the heir's own property only if it was not possible for the person to receive full payment or delivery from out of the estate. Such a person may receive payment or delivery with priority over the creditors of the heir, in such a case.
Prevention of the Filing of Requests for a Separation of Patrimony（財産分離の請求の防止等）
Article 949, paragraph (1)
An heir may use the heir's own property to make payment or delivery to the creditors of the succession and legatees or to provide reasonable security thereto, thereby preventing the filing of a request for the separation of patrimony or causing its effect to be extinguished; provided, however, that this does not apply if a creditor of the heir files an objection and demonstrates that this would cause harm to that creditor.
Separation of Patrimony at the Request of the Creditor of an Heir（相続人の債権者の請求による財産分離）
Article 950, paragraph (1)
While an heir may yet assert a qualified acceptance, or while the estate has not yet been mixed with the heir's own property, a creditor of the heir may file a request with the family court for a separation of patrimony.
The provisions of Article 304; Article 925; Article 927 through Article 934; Article 943 through Article 945; and Article 948 apply mutatis mutandis to a case as referred to in the preceding paragraph; provided, however, that the public notice and notice to file referred to in Article 927 must be issued by the creditor requesting the separation of patrimony.