Section 2 Judicial Enforcement of Claims for Payment of Money (Articles 110 to 124)
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 110第百十条
Voidance of a Forced Administration Procedure Through Performance(弁済による強制管理の手続の取消し)
Article 110, paragraph (1)
When the respective obligees have received full performance of their claims and enforcement costs through distribution or payment, the enforcement court must cancel the forced administration procedure.
Application Mutatis Mutandis of the Provisions on Compulsory Auctions(強制競売の規定の準用)
Article 111, paragraph (1)
The provisions of Article 46, paragraph (1), Article 47 , paragraph (2), the main clause of Article 47, paragraph (6), Article 47, paragraph (7), Article 48, Article 53, Article 54, Article 84, paragraphs (4) and (5), Article 87 , paragraphs (2) and (3) and Article 88 apply mutatis mutandis to forced administration, and the provisions of Article 84, paragraphs (1) through (3), Article 85 through 86, and Articles 89 through 92 apply mutatis mutandis to the procedure of distribution or payment implemented by the enforcement court pursuant to the provisions of Article 109.In this case, the phrase "after the payment of the price" in Article 84, paragraphs (4) and (5) is deemed to be replaced with "after the passage of the period referred to in Article 107, paragraph (1)."
Subsection 2 Judicial Enforcement Against a Vessel第二款 船舶に対する強制執行
Article 112第百十二条
Vessel Enforcement Method(船舶執行の方法)
Article 112, paragraph (1)
Judicial enforcement against a vessel of not less than twenty tons gross (excluding oar or paddle watercrafts or any other craft that uses solely or mainly oars or paddles for propulsion; referred to as a "vessel" in this Section and the following Chapter) (referred to as "vessel enforcement" below) is carried out through a compulsory auction.
The district court having jurisdiction in the locality of the vessel at the time of issuance of an order commencing compulsory auction proceedings has jurisdiction over vessel enforcement as the enforcement court.
To commence proceedings for a compulsory auction, the enforcement court must issue an order commencing compulsory auction proceedings, and order a court enforcement officer to confiscate the document proving the nationality of the vessel and any other documents needed for the vessel to sail (referred to as the "ship's papers" below) and to submit them to the enforcement court; provided, however, that the order to a court enforcement officer is not necessary if the ship's papers have already been confiscated based on a commencement order issued before that commencement order.
In an order commencing compulsory auction proceedings, the enforcement court must declare that a vessel must be seized for the obligee and prohibit the obligor from allowing the vessel to depart.
When a court enforcement officer has confiscated the ship's papers before the service of an order commencing compulsory auction proceedings or registration of a seizure, the seizure becomes effective at the time of the confiscation.
Order to Deliver the Ship's Papers Before the Filing of a Petition for Vessel Enforcement(船舶執行の申立て前の船舶国籍証書等の引渡命令)
Article 115, paragraph (1)
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.
前項の規定による裁判は、口頭弁論を経ないですることができる。
Article 115, paragraph (3)
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.
A court enforcement officer must, when the obligee fails to submit a document or electronic or magnetic record 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, return the ship's papers to the obligor.
An immediate appeal may be filed against an order under paragraph (1).
第一項の規定による決定に対しては、即時抗告をすることができる。
Article 115, paragraph (6)
The immediate appeal referred to in the preceding paragraph does not have the effect of staying enforcement.
前項の即時抗告は、執行停止の効力を有しない。
Article 115, paragraph (7)
The provisions of Article 55, paragraphs (8) through (10) apply mutatis mutandis to an order under paragraph (1).
第五十五条第八項から第十項までの規定は、第一項の規定による決定について準用する。
Article 116第百十六条
Appointment of a Custodian(保管人の選任等)
Article 116, 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).
第一項の申立てについての決定に対しては、執行抗告をすることができる。
Article 116, paragraph (4)
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).
Voidance Proceedings for a Compulsory Auction Based on Provision of a Guarantee(保証の提供による強制競売の手続の取消し)
Article 117, paragraph (1)
If the document or electronic or magnetic record 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 based on submission of the document or electronic or magnetic record 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).
第一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 117, paragraph (4)
The provisions of Article 12 do not apply to an order under paragraph (1).
第十二条の規定は、第一項の規定による決定については適用しない。
Article 117, paragraph (5)
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.
前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 118, paragraph (3)
An order under paragraph (1) does not be effective until it becomes final and binding.
第一項の規定による決定は、確定しなければその効力を生じない。
Article 119第百十九条
Case Transfer(事件の移送)
Article 119, paragraph (1)
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.
前項の規定による決定に対しては、不服を申し立てることができない。
Article 120第百二十条
Voidance Proceedings for a Compulsory Auction If Confiscation of a Ship's Papers Is Not Possible(船舶国籍証書等の取上げができない場合の強制競売の手続の取消し)
Article 120, paragraph (1)
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.
Application Mutatis Mutandis of the Provisions on the Compulsory Auction of Immovable Property(不動産に対する強制競売の規定の準用)
Article 121, paragraph (1)
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 enforcement against a vessel, and the provisions of Article 48, Article 54 and Article 82 applies mutatis mutandis to judicial enforcement against the Japanese vessel prescribed in Article 1 of the Ships Act (Act No. 46 of 1899) respectively. In this case, the phrase "the document stated in Article 181, paragraph (1), item (ii)" in Article 51, paragraph (1) is deemed to be replaced with "the document", and the phrase "a general statutory lien based on" is deemed to be replaced with "a statutory lien based on".
Subsection 3 Judicial Enforcement Against Movables第三款 動産に対する強制執行
Article 122第百二十二条
Commencement of Enforcement Against Movables(動産執行の開始等)
Article 122, paragraph (1)
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.
動産執行においては、執行官は、差押債権者のためにその債権及び執行費用の弁済を受領することができる。
Article 123第百二十三条
Seizure of Movables Possessed by the Obligor(債務者の占有する動産の差押え)
Article 123, paragraph (1)
Movable property possessed by the obligor is seized by way of a court enforcement officer taking possession of the movables.
債務者の占有する動産の差押えは、執行官がその動産を占有して行う。
Article 123, paragraph (2)
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.
When a court enforcement officer has effected the seizure under paragraph (1), the officer must, without delay, notify to that effect all persons who are registered, in a registration of assignment of movables (meaning a registration of assignment of movables prescribed in Article 3, paragraph (2) of the Act on Special Provisions for the Civil Code Concerning the Perfection Requirements for the Assignment of Movables and Claims (Act No. 104 of 1998; hereinafter referred to as the "Special Act" in this paragraph and the following paragraph)) or a registration of retention of title (meaning a registration of retention of title prescribed in Article 13-2, paragraph (1) of the Special Act) in which the assignor or retaining buyer, etc. (meaning a retaining buyer, etc. prescribed in Article 2, item (xx) of the Act on Security Assignment Contracts and Retention of Title Contracts (Act No. 56 of 2025)) is the obligor at the time of the petition for enforcement against movables, as a movables security assignee (meaning a movables security assignee prescribed in Article 2, item (ix) of the Act on Security Assignment Contracts and Retention of Title Contracts) or a retaining seller, etc. (meaning a retaining seller, etc. prescribed in item (xix) of that Article) (including, where a sub-security assignee prescribed in Article 10-2, paragraph (1), item (i) of the Special Act or a person granted a security assignment right on the retained title prescribed in Article 10-2, paragraph (1) of the Special Act as applied mutatis mutandis with replacement of terms pursuant to Article 13-2, paragraph (1) of the Special Act is registered, that sub-security assignee or that person granted a security assignment right on the retained title).
It is sufficient that the notice under the preceding paragraph is sent to the domicile or office of the person to be notified on the registration file of assignment of movables (meaning the registration file of assignment of movables prescribed in Article 7, paragraph (1) of the Special Act).
Seizure of Movables Possessed by a Person Other than the Obligor(債務者以外の者の占有する動産の差押え)
Article 124, paragraph (1)
The provisions of paragraph (1) and paragraphs (3) through (7) of the preceding Article apply mutatis mutandis to a seizure of movables possessed by an obligee or a third party who does not refuse to submit it.