Chapter IV Investigation of Obligor's Financial Status (Articles 205 to 211)
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.
Article 205第二百五条
Acquisition of Information Related to Immovable Property of Obligor（債務者の不動産に係る情報の取得）
When any of the following items applies, an enforcement court must, upon a petition of a person provided by the item, order a registry specified by Ministry of Justice Order to provide information about matters specified by the Rules of the Supreme Court which is necessary for a petition for judicial enforcement or enforcement of a security interest to lands or buildings whose registered right holder of ownership is an obligor and matters specified by Ministry of Justice Order as being equivalent to these; provided, however, that this does not apply when it is not possible to commence judicial enforcement based on an authenticated copy of an enforceable title of obligation under the item (i) in the cases stated in the item:
cases where any of the items of Article 197, paragraph (1) apply:obligee of a monetary claim who has an authenticated copy of an enforceable title of obligation; or
第百九十七条第一項各号のいずれかに該当する場合 執行力のある債務名義の正本を有する金銭債権の債権者
Article 205, paragraph (1), item (ii)（債務者の不動産に係る情報の取得）(Acquisition of Information Related to Immovable Property of Obligor)Changed
cases where any of the items of Article 197, paragraph (2) apply:obligee who has submittedprovided a document or electronic or magnetic record proving that it has a general statutory lien forin the property of the obligor
If procedures on the asset disclosure date were implemented (excluding the case where the permission of Article 200, paragraph (1) is given in an asset disclosure procedure related to the asset disclosure date), the petition of the preceding paragraph may be filed only within three years from the asset disclosure date.
Article 205, paragraph (3)（債務者の不動産に係る情報の取得）(Acquisition of Information Related to Immovable Property of Obligor)Changed
When an order upholding the petition of paragraph (1) is issued, the order (in the case of item (ii) of that paragraph, the order and a copy of the document under that item or an electronic or magnetic record in which all of the matters recorded in the electronic or magnetic record prescribed in that item has been recorded) must be served uponto the obligor.
When any of the items of Article 197, paragraph (1) apply, an enforcement court must, upon a petition of an obligee having an authenticated copy of an enforceable title of obligation on a claim related to the obligations stated in the items of Article 151-2, paragraph (1) or a right to demand compensation for damage for infringement on human life or body, order a person stated in the following items whom the obligee selected pursuant to the provisions of the Rules of the Supreme Court, to provide information about matters provided in the items; provided, however, that this does not apply when it is not possible to commence judicial enforcement based on the enforceable authenticated copy of the title of obligation:
municipality:matters provided by the Rules of the Supreme Court as matters necessary to file a petition for judicial enforcement or enforcement of a security interest for a claim to salaries provided in the proviso to Article 317-2, paragraph (1) of the Local Tax Act (Act No. 226 of 1950) which the obligor receives (limited to matters which the municipality learned in affairs related to municipal inhabitants tax (including special ward inhabitants tax) of the obligor); or
Japan Pension Service, National Public Servants Mutual Aid Associations, Federation of National Public Service Personnel Mutual Aid Associations, Local Public Servants Mutual Aid Associations, National Federation of Mutual Aid Associations for Municipal Personnel, or Promotion and Mutual Aid Corporation for Private Schools of Japan:matters provided by the Rules of the Supreme Court as matters necessary to file a petition for judicial enforcement or enforcement of a security interest for a claim related to remunerations under Article 3, paragraph (1), item (iii) of the Employees' Pension Insurance Act (Act No. 115 of 1954) or bonuses under item (iv) of that paragraph which the obligor (limited to an insured person of employees' pension insurance; the same applies in this item) receives (limited to matters which the person who is ordered to provide information learned in affairs related to employees' pension insurance of the obligor).
Article 206, paragraph (2)（債務者の給与債権に係る情報の取得）(Acquisition of Information Related to Salary Claim of Obligor)Changed
When any of the items of Article 197, paragraph (2) apply, an enforcement court must, upon petition of an obligee who has submitted a document or electronic or magnetic record proving that it has a general statutory lien (limited to one pertaining to Article 306, item (iii) of the Civil Code) for property of the obligor, order a person stated in the items of the preceding paragraph whom the obligee selected pursuant to the provisions of the Rules of the Supreme Court, to provide information about matters provided in the items.
The provisions of paragraphs (2) through (5) of the preceding Article apply mutatis mutandis to the petitions of the preceding two paragraphs and a judicial decision of the petitions.
前条第二項から第五項までの規定は、前二項の申立て及び当該申立てについての裁判について準用する。
Article 207第二百七条
Acquisition of Information Related to Claim of Deposits or Savings of Obligor（債務者の預貯金債権等に係る情報の取得）
If any of the items of Article 197, paragraph (1) apply, the enforcement court, at the petition of an obligee having an authenticated copy of an enforceable title of obligation, must order a person stated in the following items that the obligee has selected pursuant to the provisions of the Rules of the Supreme Court provide information about matters provided for in those items; provided, however, that this does not apply when it is not possible to commence judicial enforcement based on the authenticated copy of the enforceable title of obligation:
a bank or other financial institution (meaning a bank, credit union, Federation of Credit Unions, Workers' Credit Union, Federation of Workers' Credit Union, Cooperative Credit Association, Federation of Cooperative Credit Association, Agricultural Cooperative, Federation of Agricultural Cooperatives, Fishery Cooperatives Association, Federation of Fishery Cooperatives Association, Fishery Processing Cooperatives Association, Federation of Fishery Processing Cooperatives Association, Agricultural and Forestry Central Bank, the Shoko Chukin Bank, or the Organization for Postal Savings, Postal Life Insurance and Post Office Network; the same applies in this item):matters provided for by the Rules of the Supreme Court as matters necessary to file a petition for judicial enforcement or for enforcement of a security interest for a claim to deposits (meaning the claim for deposits provided for in Article 466-5, paragraph (1) of the Civil Code) that an obligor has against a bank or other financial institution;
a book-entry transfer institution (meaning a book-entry transfer institution under Article 2, paragraph (5) of the Act on Book-Entry Transfer of Corporate Bonds and Shares; the same applies in this item):matters provided by the Rules of the Supreme Court as matters necessary to file a petition for judicial enforcement or enforcement of a security interest for a book-entry corporate bond or other security (limited to a book-entry corporate bond or other security under Article 279 of that Act which has been entered or recorded in an account of the obligor in a book-entry account register that the book-entry transfer institution maintains).
Article 207, paragraph (2)（債務者の預貯金債権等に係る情報の取得）(Acquisition of Information Related to Claim of Deposits or Savings of Obligor)Changed
When any of the items of Article 197, paragraph (2) apply, an enforcement court must, upon a petition of an obligee who has submitted a document or electronic or magnetic record proving that it has a general statutory lien for property of thean obligor, order a person stated in the items of the preceding paragraph whom the obligee selected pursuant to the provisions of the Rules of the Supreme Court, to provide information about matters provided in the items.
An appeal may be filed against a judicial decision to deny the petition in the preceding two paragraphs.
前二項の申立てを却下する裁判に対しては、執行抗告をすることができる。
Article 208第二百八条
Method for Information Provision（情報の提供の方法等）
Article 208, paragraph (1)
The provisioning of information ordered by an order upholding the petition under Article 205, paragraph (1), Article 206, paragraph (1) or (2), or the preceding Article, paragraph (1) or (2) must be made in writing to an enforcement court.
When the provisioning of information of the preceding paragraph has been made, the enforcement court must send a petitioner a copy of the document of that paragraph and notify the obligor that the information about their property is provided based on a decision under that paragraph pursuant to the provisions of the Rules of the Supreme Court.
Article 209, paragraph (1)（第三者からの情報取得手続に係る事件の記録の閲覧等の制限）(Restriction on Inspection of Case Record Related to Procedures for Acquiring Information from a Third Party)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 provisioning of information of paragraph (1) of the preceding Article in a case record related to procedures for acquiring information from a third party under Article 205 or Article 207:
obligee having an authenticated copy of an enforceable title of obligation for a monetary claim against an 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 209, paragraph (1), item (iii)（第三者からの情報取得手続に係る事件の記録の閲覧等の制限）(Restriction on Inspection of Case Record Related to Procedures for Acquiring Information from a Third Party)Changed
obligee who has submitted a document or electronic or magnetic record proving that it has a general statutory lien for property of an obligor;
Article 209, paragraph (2)（第三者からの情報取得手続に係る事件の記録の閲覧等の制限）(Restriction on Inspection of Case Record Related to Procedures for Acquiring Information from a Third Party)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 provisioning of information of paragraph (1) of the preceding Article in a case record related to procedures for acquiring information from a third party under Article 206:
obligee having an authenticated copy of an enforceable title of obligation on a claim related to the obligations stated in the items of Article 151-2, paragraph (1) or a right to demand compensation for damage for infringement on human life or body from an obligor;
Article 209, paragraph (2), item (iii)（第三者からの情報取得手続に係る事件の記録の閲覧等の制限）(Restriction on Inspection of Case Record Related to Procedures for Acquiring Information from a Third Party)Changed
obligee who has submitted a document or electronic or magnetic record proving that it has a general statutory lien (limited to one pertaining to Article 306, item (iii) of the Civil Code) for property of an obligor;
Restriction on Use of Information on Case Related to Procedures for Acquiring Information from a Third Party for an Unintended Purpose（第三者からの情報取得手続に係る事件に関する情報の目的外利用の制限）
Article 210, paragraph (1)
A petitioner must not use or provide information on property of an obligor which is acquired in procedures for acquiring information from a third party for a purpose other than for exercising a claim against the obligor according to its main objective.
A person stated in paragraph (1), item (ii) or item (iii) or paragraph (2), item (ii) or item (iii) of the preceding Article, who acquired the information of the portion on provisioning of information of Article 208, paragraph (1) in a case record related to procedures for acquiring information from a third party, must not use or provide the information for a purpose other than for exercising a claim against the obligor of the 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 211, paragraph (1)
The provisions of Article 39 and Article 40 apply mutatis mutandis to procedures for acquiring information from a third party based on an authenticated copy of an enforceable title of obligation, the provisions of Article 42 (excluding paragraph (2)) apply mutatis mutandis to procedures for acquiring information from a third party, and the provisions of Article 182 and Article 183 apply mutatis mutandis to procedures for acquiring information from a third party based on a general statutory lien, respectively.