Code of Civil Procedure

Service by publication takes effect when two weeks have passed since the day on which the measures under the provisions of the preceding Article were commenced; provided, however, that service by publication as stated in Article 110, paragraph (3) takes effect on the day following the day on which the measures under the provisions of the preceding Article were commenced.

The time frame referred to in the preceding paragraph is six weeks, for service by publication in the event of service that is required in a foreign country.

The time frames referred to in the preceding two paragraphs may not be shortened.

If a party to litigation is unable to learn the whereabouts of the adverse party and a document or electronic or magnetic record served by publication on the adverse party contains a statement or record indicating that the party is manifestating their intention to the adverse party concerning the claim that is the subject matter of litigation or concerning the means of defense, the manifestation of that intention is deemed to reach the adverse party once two weeks have passed since the day on which the measures under the provisions of Article 111 were commenced. The proviso to Article 98, paragraph (3) of the Civil Code applies mutatis mutandis in such a case.

Res judicata applies only with regard to the contents of a final and binding judgment that are included in the main text.

In judging the validity or invalidity of a claim asserted for the purpose of an offset, res judicata applies to an amount of money that has been duly asserted in order to effect an offset.

A final and binding judgment is valid against the following persons:

the parties;

a person on whose behalf a party has come to act as a plaintiff or defendant;

the successor to a person listed in one of the preceding two items, that succeeds following the conclusion of oral arguments;

the person retaining possession of the subject matter of the claim on behalf of a person listed in one of the preceding three items.

The provisions of the preceding paragraph apply mutatis mutandis to a declaration of provisional enforceability.

A judgment does not become final and binding until the expiration of the time frame specified for filing of an appeal with the court of second instance or a final appeal (excluding a final appeal as referred to in Article 327, paragraph (1) (including as applied mutatis mutandis pursuant to Article 380, paragraph (2))), for filing of a petition as referred to in Article 318, paragraph (1), or for filing of an objection under the provisions of Article 357 (including as applied mutatis mutandis pursuant to Article 367, paragraph (2)), Article 378, paragraph (1) or Article 381-7, paragraph (1).

A judgment is blocked from becoming final and binding by the filing of an appeal with the court of second instance, the filing of a final appeal as referred to in the preceding paragraph, or the filing of a petition or an objection as referred to in that paragraph, that is made within the time frame stated in that paragraph.

If, with regard to a final and binding judgment ordering compensation through periodic payments for damage arising prior to the conclusion of oral arguments, any significant change has occurred in terms of the severity of residual disability, wage standards, or any other circumstances that were used as the basis for calculation of the amount of damages after the conclusion of oral arguments, an action may be filed to modify the judgment; provided, however, that this applies only to the part of the judgment involving periodic payments that will become due after the date the action is filed.

An action as referred to in the preceding paragraph is under the exclusive jurisdiction of the court of first instance.

A final and binding judgment rendered by a foreign court is valid only if it meets all of the following requirements:

the jurisdiction of the foreign court is recognized pursuant to laws and regulations, conventions, or treaties;

the defeated defendant was served (excluding service by publication or similar service) with the requisite summons or order for the commencement of litigation, or appeared without having been served;

the content of the judgment and the litigation proceedings are not contrary to public policy in Japan;

a guarantee of reciprocity is in place.

A ruling or order takes effect when to the relevant parties of that ruling or order by a means that is considered to be appropriate.

A ruling or order concerning control of litigation proceedings may be set aside at any time.

The court to which the court clerk who has made a disposition is assigned reaches a judicial decision on any objection to that disposition, in the form of a ruling.

Unless contrary to their nature, provisions on judgments apply mutatis mutandis to rulings and orders.

An assistant judge may independently reach a judicial decision other than a judgment.

Litigation proceedings are subject to a continuance if any of the following grounds occur. In such a case, the person specified in the relevant item must be substituted as a party:

a party's death:the party's heir, the administrator of the estate, the liquidator of the estate, or any other person who is to continue the action pursuant to laws and regulations;

the disappearance due to merger of a corporation that is a party:the corporation incorporated in the merger or the corporation surviving the merger;

a party's loss of the capacity to sue or be sued, or a legal representative's death or extinguishment of the authority to act as a person's legal representative:the party's legal representative or the party who has acquired the capacity to sue or be sued;

termination of duties involved in a trust assigned to one of the persons listed in (a) through (c) below: the person specified in (a) through (c):

a trustee that is a party:the new trustee or the trust property administrator or incorporated trust property administrator;

a trust property administrator or incorporated trust property administrator that is a party:the new trustee, new trust property administrator, or new incorporated trust property administrator;

a trust caretaker that is a party:the beneficiary or the new trust caretaker.

the loss of status, due to death or any other grounds, of a person of a certain status who stood as a party to the litigation in that person's own name on behalf of another person:a person of the same status;

all appointed parties' loss of status due to death or any other grounds:all appointing parties, or the new appointed parties.

The provisions of the preceding paragraph do not apply during a time when there is a litigation representative.

Even if there are grounds as stated in paragraph (1), item (i), the heir is not permitted to be substituted as a party during the time frame in which it is possible to renounce the inheritance.

The provisions of paragraph (1), item (ii) do not apply if the merger may not be asserted against the adverse party.

If an administration order for unclaimed land is issued (meaning an administration order for unclaimed land as prescribed in Article 264-2, paragraph (1) of the Civil Code; the same applies in this paragraph and the following paragraph), any litigation proceedings concerning the land or co-ownership interest subject to the administration order, movables covered by that order, or property that the administrator of the unclaimed land (meaning the administrator of unclaimed land as provided in paragraph (4) of that Article; the same applies in this paragraph and the following paragraph) has obtained through the management or disposal of the land or movables or due to other such reasons ( collectively referred to below as "unclaimed land, movables, or property" in this paragraph and the following paragraph), which have the owner of the unclaimed land, movables, or property (including a person who holds a co-ownership interest in it; the same applies in that paragraph) as a party are subject to a continuance. In such a case, the administrator of the unclaimed land may be substituted as a party.

If an administration order for unclaimed land is set aside, any litigation proceedings concerning the unclaimed land, movables, or property that have the administrator of that unclaimed land as a party is subject to a continuance. In such a case, the owner of the unclaimed land, movables, or property must be substituted as a party.

The provisions of paragraph (1) apply mutatis mutandis if an administration order for unclaimed buildings has been issued (meaning an administration order for unclaimed buildings as prescribed in Article 264-8, paragraph (1) of the Civil Code; the same applies in this paragraph), and the provisions of the preceding paragraph apply mutatis mutandis if an administration order for unclaimed buildings is set aside.

The adverse party may also file a petition for the substitution of a party.

The court must notify the adverse party if a petition for the substitution of a party is filed.

If a petition for the substitution of a party is filed and the court finds the petition to be groundless after conducting an examination sua sponte, the court must rule to deny the petition.

If a petition for the substitution of a party is filed during a continuance of litigation proceedings following the service of an electronic judgment or electronic record as prescribed in Article 255, paragraph (1) under the provisions of Article 255 (including as applied mutatis mutandis pursuant to Article 374, paragraph (2); the same applies in this paragraph), the court that reached the judgment in question must reach a judicial decision on the petition.

Even if neither party has filed a petition for the substitution of a party, the court may order litigation proceedings to continue sua sponte.

If the court is unable to perform its duties due to a natural disaster or other such cause, litigation proceedings are suspended until that cause ceases to exist.

If a party is unable to continue with litigation proceedings due to an incapacitation of an uncertain duration, the court may issue an order the suspension of litigation proceedings, in the form of a ruling.

The court may set aside a ruling as referred to in the preceding paragraph.

A judgment may be rendered even during a continuance of litigation proceedings.

If there is a continuance or suspension of litigation proceedings, the progress of time frames is interrupted. In such a case, all time frames start to run again at the time notice is given of the substitution of a party in proceedings or at the time that litigation proceedings continue.