Supplementary Provisions, Article 2Transitional Measures Concerning Dispositions Necessary for the Preservation of an Estate
第二条(相続財産の保存に必要な処分に関する経過措置)
A disposition necessary for the preservation of an estate that was made, before the day on which this Act comes into effect (hereinafter referred to as the "Effective Date"), pursuant to the provisions of Article 918, paragraph (2) of the Civil Code before its amendment by the provisions of Article 1 (hereinafter referred to as the "Former Civil Code") (including the case where it is applied mutatis mutandis pursuant to Article 926, paragraph (2) of the Former Civil Code (including the case where it is applied mutatis mutandis pursuant to Article 936, paragraph (3) of the Former Civil Code) and Article 940, paragraph (2) of the Former Civil Code; the same applies in the following paragraph) is deemed, on or after the Effective Date, to be a disposition necessary for the preservation of an estate made pursuant to the provisions of Article 897-2 of the Civil Code as amended by the provisions of Article 1 (hereinafter referred to as the "New Civil Code").
A request for a disposition necessary for the preservation of an estate that was made before the Effective Date pursuant to the provisions of Article 918, paragraph (2) of the Former Civil Code (excluding a request for which the decision relating to that request became final and binding before the Effective Date) is deemed, on or after the Effective Date, to be a request for a disposition necessary for the preservation of an estate made pursuant to the provisions of Article 897-2 of the New Civil Code.
施行日前に旧民法第九百十八条第二項の規定によりされた相続財産の保存に必要な処分の請求(施行日前に当該請求に係る審判が確定したものを除く。)は、施行日以後は、新民法第八百九十七条の二の規定によりされた相続財産の保存に必要な処分の請求とみなす。