Chapter IV Investigation of Obligor's Financial Status (Articles 196 to 204)
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Chapter IV Investigation of Obligor's Financial Status第四章 債務者の財産状況の調査
Section 1 Asset Disclosure Procedures第一節 財産開示手続
Article 196第百九十六条
Jurisdiction(管轄)
Article 196, paragraph (1)
The district court having jurisdiction in the locality of the general venue of the obligor has jurisdiction over the procedure concerning disclosure of property of an obligor under this Section (referred to as the "asset disclosure procedure" below) as the enforcement court.
An enforcement court, when either of the following items applies, must order implementation of an asset disclosure procedure against an obligor, upon petition by an obligee of a monetary claim who has an authenticated copy of an enforceable title of obligation; provided, however, that this does not apply when it is not possible to commence judicial enforcement based on the authenticated copy of an enforceable title of obligation:
when the petitioner is unable to obtain full performance of that monetary claim in the procedure of distribution or payment (excluding a procedure that is terminated by at least six months before the day of filing the petition) in judicial enforcement or enforcement of a security interest; or
when a prima facie showing is made that the petitioner is unable to obtain full performance of the relevant monetary claim even by implementing judicial enforcement against known property.
Article 197, paragraph (2)(実施決定)(Order of Implementation)Changed
An enforcement court must, when either of the following items applies, order implementation of an asset disclosure procedure against an obligor, upon petition by an obligee who has submitted a document or electronic or magnetic record proving that the obligee has a general statutory lien forin the property of the obligor:
when the petitioner is unable to obtain full performance of the secured claim related to the statutory lien in the procedure of distribution or payment (excluding a procedure that is terminated by at least six months before the day of filing the petition) in judicial enforcement or enforcement of a security interest; or
when a prima facie showing is made that the petitioner is unable to obtain full performance of the secured claim referred to in the preceding item even by implementing the enforcement of a security interest against known property.
Notwithstanding the provisions of the preceding two paragraphs, when the obligor (or, if the obligor has a statutory agent, the statutory agent, and if the obligor is a corporation, its representative; the same applies in item (i)) has made a statement on their property on the asset disclosure date (the date on which asset is to be disclosed; the same applies below) within three years before the day of filing the petition referred to in the preceding two paragraphs, an order to implement an asset disclosure procedure may not be issued; provided, however, that this does not apply if any ground of the following items exist:
if the obligor failed to disclose part of their property on the relevant asset disclosure date;
債務者が当該財産開示期日において一部の財産を開示しなかつたとき。
Article 197, paragraph (3), item (ii)(実施決定)
if the obligor acquired new property after the relevant asset disclosure date; or
債務者が当該財産開示期日の後に新たに財産を取得したとき。
Article 197, paragraph (3), item (iii)(実施決定)
if the employment relationship between the obligor and their employer is terminated after the relevant asset disclosure date.
当該財産開示期日の後に債務者と使用者との雇用関係が終了したとき。
Article 197, paragraph (4)(実施決定)(Order of Implementation)Changed
When the order referred to in paragraph (1) or paragraph (2) has been issued, the relevant order (or, for the order referred to in the paragraph, the order and a copy of the document referred to in the paragraph or an electronic or magnetic record in which all of the matters recorded in the electronic or magnetic record referred to in the paragraph has been recorded) must be served upon the obligor.
An appeal may be filed against a judicial decision on the petition referred to in paragraph (1) or paragraph (2).
第一項又は第二項の申立てについての裁判に対しては、執行抗告をすることができる。
Article 197, paragraph (6)(実施決定)
The order referred to in paragraph (1) or paragraph (2) is not effective until it becomes final and binding.
第一項又は第二項の決定は、確定しなければその効力を生じない。
Article 198第百九十八条
Designation of the Date and Summons for the Date(期日指定及び期日の呼出し)
Article 198, paragraph (1)
An enforcement court must designate the asset disclosure date when the order referred to in paragraph (1) and paragraph (2) of the preceding Article has become final and binding.
執行裁判所は、前条第一項又は第二項の決定が確定したときは、財産開示期日を指定しなければならない。
Article 198, paragraph (2)
The following persons must be summoned for the asset disclosure date:
財産開示期日には、次に掲げる者を呼び出さなければならない。
Article 198, paragraph (2), item (i)
the petitioner;
申立人
Article 198, paragraph (2), item (ii)
the obligor (or, if the obligor has a statutory agent, the statutory agent, and if the obligor is a corporation, its representative).
A person obliged to disclose (meaning the person stated in paragraph (2), item (ii) of the preceding Article; the same applies below) must appear on the asset disclosure date and make a statement on the property (excluding the movables stated in Article 131, item (i) or (ii)) of the obligor.
The statement referred to in the preceding paragraph must clearly indicate the matters necessary for filing a petition for judicial enforcement under Chapter II, Section 2 or enforcement of a security interest under the preceding Chapter and other matters specified by the Rules of the Supreme Court as those required to be disclosed to the petitioner, regarding the property subject to the statement.
An enforcement court may ask questions to the person obliged to disclose on the asset disclosure date.
執行裁判所は、財産開示期日において、開示義務者に対し質問を発することができる。
Article 199, paragraph (4)
A petitioner may appear on the asset disclosure and, to clarify the status of the property of the obligor, ask questions to the person obliged to disclose, by obtaining the permission of the enforcement court.
An enforcement court may implement the procedure on the asset disclosure date even if the petitioner does not appear.
執行裁判所は、申立人が出頭しないときであつても、財産開示期日における手続を実施することができる。
Article 199, paragraph (6)
The procedure on the asset disclosure date is not made public.
財産開示期日における手続は、公開しない。
Article 199, paragraph (7)
The provisions of Article 195 and Article 206 of the Code of Civil Procedure apply mutatis mutandis to the procedure of the preceding paragraphs, and the provisions of Article 201, paragraphs (1) and (2) of that Act apply mutatis mutandis to a person obliged to disclose.
Asset Disclosure Date Communicated by Audio Transmission(音声の送受信による通話の方法による財産開示期日)
Article 199-2, paragraph (1)
If an enforcement court finds it to be reasonable, the enforcement court may perform procedures on an asset disclosure date by communication that enables the enforcement court, the petitioner and the person obliged to disclose to simultaneously communicate with one another by audio transmission pursuant to the provisions of the Rules of the Supreme Court.
A petitioner who does not appear on an asset disclosure date and participates in the proceedings is deemed to have appeared on that asset disclosure date.
Statement of Person Obliged to Disclose Communicated by Audio and Visual Transmission(映像等の送受信による通話の方法による開示義務者の陳述)
Article 199-3, paragraph (1)
In the cases stated below, if an enforcement court finds it to be reasonable, the enforcement court may cause a person obliged to disclose to make the statement under Article 199, paragraph (1) by communication that enables mutual communication with an awareness of one another's state of being, through audio and visual transmissions, pursuant to the provisions of the Rules of the Supreme Court:
cases where the enforcement court determines that it would be difficult for the person obliged to disclose to appear before the enforcement court due to the domicile, age, mental or physical state, or any other circumstances of the person obliged to disclose;
cases where the enforcement court determines that, due to the nature of the case, the age or mental or physical state of the person obliged to disclose, the relationship between the person obliged to disclose and the petitioner or the petitioner's statutory representative, or any other circumstances, there is a risk of the person obliged to disclose being under pressure or the peace of mind of the person obliged to disclose may be significantly injured if the person obliged to disclose makes a statement at the place where the enforcement court and petitioner are present; and
Partial Exemption from the Obligation of Statement(陳述義務の一部の免除)
Article 200, paragraph (1)
Notwithstanding the provisions of Article 199, paragraph (1), a person obliged to disclose who has disclosed part of the property of the obligor on the asset disclosure date is not required to make a statement on the remaining property, if the permission of the enforcement court has been obtained where the consent of the petitioner has been obtained or where it is obvious that the hindrance to full performance of the monetary claim referred to in Article 197, paragraph (1) or the secured claim referred to in the items of paragraph (2) of the Article has been eliminated through the disclosure.
Article 201, paragraph (1)(財産開示事件の記録の閲覧等の制限)(Restriction on Inspection of the Record of an Asset Disclosure Case)Changed
Only the following persons may make a request under Article 17, paragraph (1), the provisions of Article 91, paragraph (4) of the Code of Civil Procedure applied mutatis mutandis pursuant to Article 17, paragraph (2), and the provisions of Article 17-2, paragraphs (1) through (3) and Article 17-3 for the portion of the record of an asset disclosure case that relates to the asset disclosure date:
an obligee who has an authenticated copy of an enforceable title of obligation for a monetary claim against the obligor;
債務者に対する金銭債権について執行力のある債務名義の正本を有する債権者
Article 201, paragraph (1), item (iii)(財産開示事件の記録の閲覧等の制限)(Restriction on Inspection of the Record of an Asset Disclosure Case)Changed
an obligee who has submitted a document or electronic or magnetic record proving that the obligee has a general statutory lien forin the property of the obligor; or
Restriction on Use of Information on an Asset Disclosure Case for Unintended Purpose(財産開示事件に関する情報の目的外利用の制限)
Article 202, paragraph (1)
A petitioner must not use or provide information on the property or obligation of the obligor, which has been obtained in an asset disclosure procedure, for a purpose other than for exercising the claim against the obligor according to its main objective.
The person stated in item (ii) or item (iii) of the preceding Article, who has obtained information on the portion of the record of an asset disclosure case that relates to the asset disclosure date, must not use or provide the relevant information for a purpose other than for exercising the claim against the obligor of the relevant asset disclosure case according to its main objective.
Application Mutatis Mutandis of the Provisions on Judicial Enforcement and Enforcement of a Security Interest(強制執行及び担保権の実行の規定の準用)
Article 203, paragraph (1)
The provisions of Article 39 and Article 40 apply mutatis mutandis to an asset disclosure procedure based on an authenticated copy of an enforceable title of obligation, the provisions of Article 42 (excluding paragraph (2)) apply mutatis mutandis to an asset disclosure procedure, and the provisions of Article 182 and Article 183 apply mutatis mutandis to an asset disclosure procedure based on a general statutory lien.
Section 2 Procedures for Acquiring Information from a Third Party第二節 第三者からの情報取得手続
Article 204第二百四条
Jurisdiction(管轄)
Article 204, paragraph (1)
With regards to procedures on acquisition of information related to property of an obligor under this section (referred to as "procedures for acquiring information from a third party" below), a district court having jurisdiction in the locality of the general venue of the obligor: or if there is no general venue, a district court having jurisdiction in the locality of a person who should be ordered to provide information under this section, has jurisdiction over the procedure as an enforcement court.