Civil Enforcement Act

Judicial enforcement for an obligation to act or not to act but for which it is not possible to carry out the judicial enforcement referred to in paragraph (1) of the preceding Article is carried out by the enforcement court's ordering the obligor to pay to the obligee money of a fixed amount that it finds to be reasonable to ensure performance of the obligation, either based on the period of the delay, or immediately upon the obligor failing to perform the obligation within the fixed period that it finds to be reasonable.

If circumstances change and upon petition, the enforcement court may change an order under the preceding paragraph.

the enforcement court must interrogate the other person to the petition before issuing an order under the preceding two paragraphs.

If there has been payment of money that is ordered pursuant to the provisions of paragraph (1), if the amount of damages that resulted from default of the obligation exceeds the amount of payment, the obligee is not precluded from claiming compensation for damage for the amount in excess.

An appeal may be filed against a judicial decision on the petition for the judicial enforcement referred to in paragraph (1) or on the petition referred to in paragraph (2).

The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the enforcement court referred to in paragraph (1).

The judicial enforcement prescribed in Article 168, paragraph (1), Article 169, paragraph (1), Article 170, paragraph (1) and Article 171, paragraph (1) is carried out pursuant to the provisions of Articles 168 through 171 respectively, and also, when a petition has been filed by the obligee, is carried out by the enforcement court by the method prescribed in paragraph (1) of the preceding Article. In this case, the provisions of paragraphs (2) through (5) of that Article apply mutatis mutandis.

The enforcement court referred to in the preceding paragraph is, for the categories of the title of obligation stated in the items of Article 33, paragraph (2) (excluding items (i)-2, (i)-3 and (iv)), the court with jurisdiction over an action to granting an attestation of enforceability regarding the respective titles of obligation.

The handover of a child is enforced through the means stated in the following items:

by the enforcement court's issuing a ruling to have a court enforcement officer implement the handover of the child; or

by the means prescribed in Article 172, paragraph (1).

A petition for enforcement by the means stated in item (i) of the preceding paragraph may not be filed unless it falls under any of the following items:

it has been two weeks since the day on which the order under Article 172, paragraph (1) has become final and binding (or until the expiration of the period in question, if the expiration of a fixed period to perform the obligations specified by the order comes after those two weeks have passed);

it is not found to be probable that the obligor will hand over care of the child even if enforcement is implemented by the means stated in item (ii) of the preceding paragraph; or

it is necessary to immediately carry out enforcement to prevent imminent danger to the child.

The enforcement court must interrogate an obligor if it issues an order under paragraph (1), item (i); provided, however, that this does not apply if the child is in imminent danger or if there are other circumstances in which interrogating the obligor would make it impossible to achieve the purpose of enforcement.

In the order under paragraph (1), item (i), the enforcement court must order a court enforcement officer to perform the necessary acts to remove the child from the care of the obligor.

The provisions of Article 171, paragraph (2) apply mutatis mutandis to the enforcement court referred to in paragraph (1), item (i) and the provisions of paragraph (4) of that Article apply mutatis mutandis to cases in which the order under that item is issued.

An appeal against an enforcement decision may be filed against a judicial decision on a petition for judicial enforcement referred to in paragraph (2) or a petition under Article 171, paragraph (4) as applied mutatis mutandis pursuant to the preceding paragraph.

In addition to attempting to persuade the obligor, as an act that needs to be performed to remove the child from the obligor's care, the court enforcement officer may perform the following acts in the residence of the obligor or any other place possessed by the obligor:

entering the place to search for the child. In this case, if it is necessary, taking the necessary measures to open a closed or locked door;

having the obligee or their agent meet with the child or having the obligee or their agent meet with the obligor; and

having the obligee or their agent enter the place.

If, after considering the physical and psychological impact on the child, the place in question and its surroundings, and other relevant circumstances, the court enforcement officer finds it to be appropriate to do so, the officer may perform an act stated in any of the items of the preceding paragraph as an act that needs to be performed to remove the child from the obligor's care, in a place other than as prescribed in the preceding paragraph, with the consent of the possessor of the place or with the permission under the following paragraph.

If the residence of the child is a place other than the place provided for in paragraph (1) and the enforcement court finds it to be appropriate to do so after taking into consideration the relationship between the obligor and the possessor of the place, the impact on the private life or business of the possessor, and other relevant circumstances, the enforcement court may give permission that substitutes for the consent of the possessor upon petition by the obligee.

If a court enforcement officer is granted the permission under the preceding paragraph and performs an act stated in the items of paragraph (1), the officer must present a document proving that they have been granted that permission in carrying out their duties.

The acts needed to remove the child from the care of the obligor under paragraph (1) or paragraph (2) may be carried out only if the obligee is present at the place prescribed in paragraph (1) or paragraph (2).

Notwithstanding the provisions of the preceding paragraph, even if the obligee cannot be present at the place prescribed in paragraph (1) or paragraph (2), if the enforcement court finds that having the obligee's agent present at that place in lieu of the obligee is sufficient to protect the interests of the child in light of the relationship between the agent and the child, the agent's knowledge and experience, and other relevant circumstances, the enforcement court, at the petition of the obligee, may issue an order indicating that the necessary acts to remove the child from the care of the obligor under paragraph (1) or paragraph (2) may also be performed if that agent is present at the place in question.

The enforcement court may set aside the order referred to in the preceding paragraph at any time.

Notwithstanding the provisions of Article 6, paragraph (1), the court enforcement officer may not use force on a child. The same applies to a person other than the child if there is a risk that using force against that person would physically or psychologically harm the child.

When performing the necessary acts to remove the child from the care of the obligor under paragraph (1) or paragraph (2), the court enforcement officer may give the necessary instructions to the obligee or their agent.

In bringing about a child handover in proceedings to enforce the handing over of the child by the means stated in Article 174, paragraph (1), item (i), the enforcement court and court enforcement officer must give as much consideration as possible to preventing enforcement from physically or psychologically harming the child, taking into account the child's age and level of development and other relevant circumstances.

When a judgment or any other judicial decision ordering the obligor to manifest their intention has become final and binding, or when a title of obligation related to a settlement, acknowledgment, mediation or labor tribunal decision has been established, the obligor is deemed to have manifested their intention at the time when the judicial decision became final and binding or the title of obligation is established; provided, however, that if the manifestation of intention by the obligor relates to actualization of a fact to be proved by an obligee, the obligor is deemed to have manifested their intention at the time when an attestation of enforceability is granted pursuant to the provisions of Article 27, paragraph (1), and if it relates to an exchange with counter-performance or relates to absence of a fact to be proved by the obligor such as performance of an obligation, the obligor is deemed to have manifested their intention at the time when an attestation of enforceability is provided pursuant to the provisions of the following paragraph or paragraph (3).

If the obligor's manifestation of intention is in exchange for counter-performance, an attestation of enforceability may be granted only when the obligee has submitted a document proving that the counter-performance has been provided or its offer has been made.

If the obligor's manifestation of intention concerns the absence of a fact to be proved by the obligor and a petition for granting an attestation of enforceability has been filed, a court clerk may demand that the obligor submit a document proving that fact, specifying a certain period for this, and may grant an attestation of enforceability only if the obligor fails to submit the document within that period.