Civil Enforcement Act

If it is likely that vessel enforcement will become extremely difficult unless the ship's papers are confiscated before the filing of a petition for vessel enforcement, the district court having jurisdiction in the locality of the vessel's registry (or, for a vessel without registry, the place designated by the Supreme Court) may, upon petition, order the obligor to deliver the ship's papers to a court enforcement officer. If there are pressing circumstances, the district court having jurisdiction in the locality of the vessel may also issue this order.

The court may render a judicial decision under the preceding paragraph without hearing oral arguments.

To file the petition referred to in paragraph (1), a petitioner must present an authenticated copy of an enforceable title of obligation and make a prima facie showing of the grounds prescribed in that paragraph.

If the obligee fails to submit a document proving that the obligee has filed a petition for vessel enforcement within five days from the day on which the court enforcement officer received delivery of the ship's papers, the court enforcement officer must return the ship's papers to the obligor.

An immediate appeal may be filed against an order under paragraph (1).

The immediate appeal referred to in the preceding paragraph does not have the effect of staying enforcement.

The provisions of Article 55, paragraphs (8) through (10) apply mutatis mutandis to an order under paragraph (1).

Upon petition by the attaching obligee, an enforcement court may, if the court finds it to be necessary, appoint a custodian for the vessel for which an order commencing compulsory-auction proceedings has been issued.

The expenses required by the custodian referred to in the preceding paragraph for retaining the vessel (including the remuneration referred to in Article 101, paragraph (1) as applied mutatis mutandis pursuant to paragraph (4)) are procedural expenses.

An appeal may be filed against an order issued regarding the petition referred to in paragraph (1).

The provisions of Article 94, paragraph (2), Article 96 and Articles 99 through 103 apply mutatis mutandis to the custodian referred to in paragraph (1).

If a document stated in Article 39, paragraph (1), item (vii) or (viii) has been submitted regarding the claim of an attaching obligee, and if, before any purchase offer, the obligor provides a guarantee equivalent to the total amount of the claims and enforcement costs of the attaching obligee and any obligees that have filed a demand for distribution by the time the obligor provides the guarantee (or by the deadline for a distribution demand, if the obligor is providing the guarantee after that deadline), the enforcement court, upon petition, must cancel the proceedings for the compulsory auction, other than proceedings for distribution or payment.

If a stay of enforcement based on submission of the document prescribed in the preceding paragraph has ceased to be effective, the enforcement court must implement distribution or payment of the guarantee that has been provided pursuant to the provisions of that paragraph to the obligees referred to in that paragraph. In this case, the enforcement court may reclaim any securities that have been deposited as provision of a guarantee.

An appeal may be filed against a judicial decision to deny the petition referred to in paragraph (1).

The provisions of Article 12 do not apply to an order under paragraph (1).

The provisions of Article 15 apply mutatis mutandis to the provision of the guarantee referred to in paragraph (1) and the provisions of Article 78, paragraph (3) apply mutatis mutandis to a realization if the guarantee referred to in paragraph (1) has been provided by a method other than a statutory deposit of money.

If an enforcement court finds that there is a necessity in terms of business or there are other reasonable grounds, if there is the consent of the respective obligees and the highest bidder or the purchaser and the next highest bidder, the enforcement court may permit navigation of the vessel on petition by the obligor.

An appeal may be filed against a judicial decision on the petition referred to in the preceding paragraph.

An order under paragraph (1) does not be effective until it becomes final and binding.

An enforcement court may, if the vessel for which an order commencing compulsory auction proceedings has been issued is relocated to a place outside its jurisdictional district, transfer the case to the district court having jurisdiction in the locality of the vessel.

No appeal may be entered against an order under the preceding paragraph.

If a court enforcement officer is unable to confiscate a ship's papers within two weeks from the day on which an order commencing compulsory auction proceedings is issued, the enforcement court must cancel the proceedings for the compulsory auction.

The provisions of Division 2 of the preceding Subsection (excluding Article 45, paragraph (1), Article 46, paragraph (2), Article 48, Article 54, Article 55, paragraph (1), item (ii), Article 56, Article 64-2, Article 65-2, Article 68-4, Article 71, item (v), Article 81 and Article 82) apply mutatis mutandis to vessel enforcement, and the provisions of Article 48, Article 54 and Article 82 apply mutatis mutandis to judicial enforcement against a Japanese vessel prescribed in Article 1 of the Ship Act (Act No. 46 of 1899), respectively. In this case, the phrase "any of the documents stated in the items of Article 181, paragraph (1)" in Article 51, paragraph (1) is deemed to be replaced with "a document", and the phrase "a general statutory lien" is deemed to be replaced with "a statutory lien".

Judicial enforcement against movables (including any fixtures on land that are not registrable, natural fruits before being separated from land which are to be harvested within one month for certain, and securities other than those forbidden to be endorsed; the same applies in this Section, the following Chapter and Chapter IV) (referred to as "enforcement against movables" below) is commenced through a seizure of the subject matter by a court enforcement officer.

In enforcement against movables, a court enforcement officer may accept the performance of the claims and enforcement costs for the attaching obligee.

Movable property possessed by the obligor is seized by way of a court enforcement officer taking possession of the movables.

When carrying out the seizure referred to in the preceding paragraph, a court enforcement officer may enter the residence of the obligor or any other place possessed by the obligor, and search the subject matter at the relevant place or in a safe or any other containers possessed by the obligor. In this case, if it is necessary, a court enforcement officer may take a necessary measure to open a closed door, safe and any other containers.

A court enforcement officer may, if the officer finds it to be reasonable, have the obligor retain the seized movables (referred to as the "seized property" below). In this case, the seizure is effective only when an indication of the seizure is made regarding the seized property through sealing or any other method.

If a court enforcement officer has the obligor retain the seized property pursuant to the provisions of the preceding paragraph, if the officer finds it to be reasonable, the court enforcement officer may permit the obligor to use the seized property.

A court enforcement officer may, if the officer finds it to be necessary, retain the seized property which the officer had the obligor retain pursuant to the provisions of paragraph (3) or revoke the permission under the preceding paragraph.

A court enforcement officer may not carry out another seizure of seized property or movables for which a provisional seizure has been effected.

If another petition for enforcement against movables is filed against an obligor against whom a seizure has already been effected in the location in question, the court enforcement officer must seize any movables that have yet to be seized if there are any, and if there are no movables to be seized, the officer will make this clear and consolidate the case of enforcement against movables with the earlier case of enforcement against movables. The same applies if another petition for enforcement against movables is filed against an obligor against whom a provisional seizure has already been effected in the location in question.

When two cases of enforcement against movables have been consolidated pursuant to the provisions of the first sentence of the preceding paragraph, the movables that were seized in the later case are deemed to have been seized in the earlier case at the time of the consolidation, and the petition for the later case becomes effective as a distribution demand. If the earlier attaching obligee has withdrawn the petition for enforcement against movables or the procedure related to the petition has been stayed or revoked, the movables seized in the earlier case are deemed to have been seized for the later case at the time of the consolidation.

If a case involving a provisional seizure and a case involving enforcement against movables are consolidated pursuant to the provisions of the second sentence of paragraph (2), the movables against which the provisional seizure is effected are deemed to have been seized in the case involving enforcement against movables at the time of the consolidation, and the petition in the case involving the provisional seizure becomes effective as a distribution demand. If the attaching obligee has withdrawn the petition for enforcement against movables or the procedure initiated by the petition has been canceled, the movables seized in the case of the enforcement against movables are deemed to have undergone a provisional seizure in the case involving the provisional seizure at the time of the consolidation.

Effects of a seizure extend to natural products produced from the seized property.

When a third party has taken possession of seized property, the enforcement court may, upon petition by the attaching obligee, order the relevant third party to deliver the seized property to a court enforcement officer.

The petition referred to in the preceding paragraph must be filed within one week from the day on which the attaching obligee became aware that the third party is in possession of the seized property.

An appeal may be filed against a judicial decision on the petition referred to in paragraph (1).

The provisions of Article 55, paragraphs (8) through (10) apply mutatis mutandis to an order under paragraph (1).