The law as Act on the Arrangement of Related Acts upon the Enforcement of the Act Partially Amending the Civil Code, etc. (Act No. 46 of 2026) 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 28第二十八条
Granting Additional Attestations of Enforceability(執行文の再度付与等)
Article 28, paragraph (1)
An additional attestation of enforceability may be granted, but only if multiple authenticated copies of a title of obligation bearing an attestation of enforceability are required to receive full performance of a claim or if the authenticated copy bearing the attestation has been lost.
The provisions of the preceding paragraph apply mutatis mutandis if an additional authenticated copy or certificate of recorded information is issued of a final and binding judgment in a small claims action, or of a judgment in a small claims action or demand for payment bearing a declaration of provisional enforcement.
Judicial enforcement may begin only if an authenticated copy or transcript of a title of obligation or of a judicial decision that becomes a title of obligation once it is final and binding or an electronic or magnetic record related to that title of obligation or judicial decision has been served upon the obligor in advance or at the same time. If an attestation of enforceability has been granted pursuant to the provisions of Article 27, transcripts of the attestation of enforceability or electronic or magnetic records related to the attestation of enforceability and transcript of the document produced by the obligee pursuant to the provisions of that Article or an electronic or magnetic record by recording all matters recorded in the electronic or magnetic record produced by the obligee pursuant to the provisions of that Article must also have been served in advance or at the same time.
Judicial enforcement based on a title of obligation that establishes provision of security as a condition for implementing judicial enforcement may begin only once the obligee produces a document or electronic or magnetic record proving that the obligee has provided security.
Judicial Enforcement in Situations Involving Default of Counter-Performance or Other Performance(反対給付又は他の給付の不履行に係る場合の強制執行)
Article 31, paragraph (1)
If an obligor's performance is due in exchange for counter-performance, judicial enforcement may begin only once the obligee proves that counter-performance has been made or tendered.
If an obligor's performance is due in lieu of some other performance in a case in which the purpose of judicial enforcement cannot be achieved for that other performance, judicial enforcement may begin only once the obligee proves that the purpose of judicial enforcement could not be achieved for that other performance.
Filing an Opposition in Connection with the Granting of an Attestation of Enforceability(執行文の付与等に関する異議の申立て)
Article 32, paragraph (1)
An opposition may be filed to a measure connected with a petition to grant an attestation of enforceability; for measures by a court clerk, a person may file an opposition with the court to which the court clerk belongs, and for measures by a notary, a person may file an opposition with the district court having jurisdiction in the locality of the notary's office.
If an opposition has been filed to the granting of an attestation of enforceability, the court may order a stay of enforcement until a judicial decision on the opposition is made, while either requiring or not requiring security to be provided, or may issue an order for enforcement to continue until a judicial decision on the opposition is made, with requiring security to be provided. If there are pressing circumstances, the presiding judge may also order these measures.
The court may render a judicial decision on a petition under paragraph (1) or a judicial decision under the preceding paragraph without hearing oral arguments.
A judicial decision as provided in the preceding paragraph may not be appealed.
前項に規定する裁判に対しては、不服を申し立てることができない。
Article 32, paragraph (5)
The provisions of the preceding paragraphs apply mutatis mutandis to the issuance of an authenticated copy or certificate of recorded information of a final and binding judgment in a small claims action or of a judgment in a small claims action or demand for payment bearing a declaration of provisional enforcement under Article 28, paragraph (2).
Action for the Granting of an Attestation of Enforceability(執行文付与の訴え)
Article 33, paragraph (1)
If an obligee is unable to produce the document or electronic or magnetic record prescribed in Article 27, paragraph (1) or (2), the obligee may file an action seeking an attestation of enforceability to ask for an attestation of enforceability to be granted (excluding one that is granted pursuant to the provisions of paragraph (3) of that Article).
The court provided in the following relevant items has jurisdiction over an action as stated in the preceding paragraph for the category of title of obligation stated in that item:
前項の訴えは、次の各号に掲げる債務名義の区分に応じ、それぞれ当該各号に定める裁判所が管轄する。
Article 33, paragraph (2), item (i)
a title of obligation as stated in Article 22, items (i) through (iii) or items (vi) through (vi)-5, or a title of obligation as stated in item (vii) of that Article other than one as stated in the following item, item (i)-3, or item (vi):the court of first instance;
a title of obligation as stated in Article 22, item (iii)-2, or a title of obligation as stated in item (vii) of that Article that relates to an order for damages or to a settlement or acknowledgment of a claim in the proceedings of a case involving an order for damages:the district court before which the order for damages is pending;
a title of obligation as stated in Article 22, item (iii)-3 or a title of obligation as stated in item (vii) of that Article that relates to an order to pay a filed claim, or to approval or denial of a filed claim or a settlement in simple determination proceedings:the district court before which the simple determination proceedings were pending;
a title of obligation as stated in Article 22, item (iv), other than one as stated in the following item:the summary court to which the court clerk who has issued the demand for payment bearing a declaration of provisional enforcement belongs (or, if the claim connected with that demand is not under the jurisdiction of the summary court, the district court having jurisdiction in the locality of the summary court);
a title of obligation as stated in Article 22, item (iv) that is based on a petition for a demand for payment filed with the court clerk of a designated summary court under Article 397 of the Code of Civil Procedure:the court with which an action is deemed to have been filed pursuant to the provisions of Article 398 of that Act as it concerns that petition;
a title of obligation as stated in Article 22, item (iv)-2:the court to which the court clerk who has taken the measure stated in that item belongs;
第二十二条第四号の二に掲げる債務名義 同号の処分をした裁判所書記官の所属する裁判所
Article 33, paragraph (2), item (v)
a title of obligation as stated in Article 22, item (v):the court having jurisdiction in the locality of the general venue for the obligor (or, if the obligor has no general venue, the court having jurisdiction in the locality of the subject matter of the claim or the obligor's seizable property); and
a title of obligation as stated in Article 22, item (vii) that relates to a settlement or mediation (excluding a settlement or mediation reached in an upper instance court) or to a labor tribunal decision (excluding a title of obligation as stated in item (i)-2 or (i)-3):the summary court, district court, or family court where the settlement or mediation is reached (or, if the claim involved in the settlement or mediation that is reached in summary court is not under the jurisdiction of the summary court, the district court having jurisdiction in the locality of the summary court), or the district court before which the labor tribunal case is pending when the labor tribunal decision is made.
Action Opposing the Granting of an Attestation of Enforceability(執行文付与に対する異議の訴え)
Article 34, paragraph (1)
When an attestation of enforceability has been granted pursuant to the provisions of Article 27, an obligor who disputes that a fact to be proved by the obligee has occurred or objects to it being permissible to carry out judicial enforcement for or against a person other than the party indicated in the title of obligation may file an action opposing the granting of an attestation of enforceability to call for the court to disallow judicial enforcement based on the authenticated copy of the title of obligation bearing that attestation of enforceability.
If there are several grounds for opposition, an obligor must allege those grounds at the same time.
異議の事由が数個あるときは、債務者は、同時に、これを主張しなければならない。
Article 34, paragraph (3)
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the action stated in paragraph (1).
前条第二項の規定は、第一項の訴えについて準用する。
Article 35第三十五条
Action to Dispute a Claim(請求異議の訴え)
Article 35, paragraph (1)
An obligor who disputes the existence or content of the claim under a title of obligation (excluding a title of obligation stated in Article 22, item (ii), or items (iii)-2 through (iv) which has yet to become final and binding; the same applies in this paragraph) may file an action to dispute the claim to call for the court to disallow judicial enforcement based on that title of obligation. The same applies for an obligor who disputes the establishment of a title of obligation not constituting a judicial decision.