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.
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Chapter II Final Appeals第二章 上告
Article 311第三百十一条
Final Appellate Court(上告裁判所)
Article 311, paragraph (1)
A final appeal may be filed with the Supreme Court against a final judgment that the high court enters as the court of second instance or as the court of first instance, or may be filed with the high court against a final judgment that the district court enters as the court of second instance.
In a case as referred to in the proviso to Article 281, paragraph (1), a final appeal may be filed directly with the Supreme Court against a district court judgment, and may be filed directly with a high court against a summary court judgment.
A final appeal may be filed on the grounds that the judgment reflects an error in the interpretation of the Constitution or that it is otherwise unconstitutional.
A final appeal may also be filed on the grounds that any of the following circumstances are present; provided, however, that this does not apply to the circumstances stated in item (iv) if the ratification under the provisions of Article 34, paragraph (2) has taken place (including as applied mutatis mutandis pursuant to Article 59):
the court that pronounced judgment was not composed in accordance with the law;
法律に従って判決裁判所を構成しなかったこと。
Article 312, paragraph (2), item (ii)
a judge who, by law, is not permitted to participate in the judgment, has participated in the judgment;
法律により判決に関与することができない裁判官が判決に関与したこと。
Article 312, paragraph (2), item (ii-2)
provisions on the exclusive jurisdiction of the Japanese courts have been violated;
日本の裁判所の管轄権の専属に関する規定に違反したこと。
Article 312, paragraph (2), item (iii)
provisions on exclusive jurisdiction have been violated (unless one of the courts specified in the items of Article 6, paragraph (1) has entered the final judgment in the first instance, and that litigation is subject to the exclusive jurisdiction of another court pursuant to the provisions of Article 6, paragraph (1));
authority to act as a person's legal representative, authority to act as a person's litigation representative, or the delegation of powers that a representative needs in order to perform procedural acts, was lacking;
法定代理権、訴訟代理権又は代理人が訴訟行為をするのに必要な授権を欠いたこと。
Article 312, paragraph (2), item (v)
provisions on the opening of oral arguments to the public have been violated;
口頭弁論の公開の規定に違反したこと。
Article 312, paragraph (2), item (vi)
no reason has been given for the judgment, or the reasons given for the judgment conflict with each other.
判決に理由を付せず、又は理由に食違いがあること。
Article 312, paragraph (3)
A final appeal to the high court may also be filed on the grounds of a violation of law or regulation that has clearly influenced the judgment.
Mutatis Mutandis Application of Provisions on Appeals to the Court of Second Instance(控訴の規定の準用)
Article 313, paragraph (1)
The provisions of the preceding Chapter, except as otherwise provided, apply mutatis mutandis to a final appeal and to litigation proceedings in the final appellate instance.
前章の規定は、特別の定めがある場合を除き、上告及び上告審の訴訟手続について準用する。
Article 314第三百十四条
Formalities for the Filing of Final Appeal(上告提起の方式等)
Article 314, paragraph (1)
A final appeal must be filed through the submission of a petition for a final appeal with the court of prior instance.
上告の提起は、上告状を原裁判所に提出してしなければならない。
Article 314, paragraph (2)
The authority of the presiding judge under the provisions of Article 288 and Article 289, paragraph (2) as applied mutatis mutandis pursuant to the preceding Article is exercised by the presiding judge of the court of prior instance.
If the grounds for final appeal are not entered in a petition for final appeal, a statement of the grounds for final appeal must be submitted to the court of prior instance within the time frame specified by the Rules of the Supreme Court.
Grounds for final appeal must be entered in the format specified by the Rules of the Supreme Court.
上告の理由は、最高裁判所規則で定める方式により記載しなければならない。
Article 316第三百十六条
Denial of a Final Appeal by the Court of Prior Instance(原裁判所による上告の却下)
Article 316, paragraph (1)
If circumstances clearly fall under any of the following items, the court of prior instance must rule to deny the final appeal:
次の各号に該当することが明らかであるときは、原裁判所は、決定で、上告を却下しなければならない。
Article 316, paragraph (1), item (i)
the final appeal is not in accordance with the law and this defect cannot be corrected;
上告が不適法でその不備を補正することができないとき。
Article 316, paragraph (1), item (ii)
a statement of grounds for final appeal has not been submitted, constituting a violation of the provisions of paragraph (1) of the preceding Article; or the stated grounds for final appeal are in violation of paragraph (2) of that Article.
An immediate appeal may be filed against a ruling as referred to in the preceding paragraph.
前項の決定に対しては、即時抗告をすることができる。
Article 317第三百十七条
Denial of a Final Appeal by the Final Appellate Court(上告裁判所による上告の却下等)
Article 317, paragraph (1)
In the cases stated in the items of paragraph (1) of the preceding Article, the final appellate court may rule to dismiss a final appeal.
前条第一項各号に掲げる場合には、上告裁判所は、決定で、上告を却下することができる。
Article 317, paragraph (2)
The Supreme Court, as the final appellate court, may rule to dismiss a final appeal if the grounds for final appeal clearly do not fall under the circumstances prescribed in Article 312, paragraph (1) or (2).
Petitioning the Supreme Court to Accept a Final Appeal(上告受理の申立て)
Article 318, paragraph (1)
If the Supreme Court is the court with which the final appeal should be filed, it may rule, upon petition, to accept as the final appellate court, a case in which a prior instance judgment reflects a determination that conflicts with Supreme Court precedent (or, if there is no Supreme Court precedent, conflicts with precedent of the former Great Court of Cassation or precedent of the high court acting as the final appellate court or the court of second instance) or to accept any other case that is found to involve matters of material import in the interpretation of laws and regulations.
A petition as referred to in the preceding paragraph (referred to below as a "petition to accept a final appeal") may not give circumstances prescribed in Article 312, paragraphs (1) and (2) as the grounds for petition.
In a case as referred to in paragraph (1), the Supreme Court may exclude any grounds for petition to accept a final appeal that it finds to be immaterial.
If a ruling as referred to paragraph (1) is issued, a final appeal is deemed to have been filed. To apply the provisions of Article 320 in such a case, grounds for petition to accept a final appeal other than those excluded pursuant to the provisions of the preceding paragraph are deemed to be the grounds for the final appeal.
The provisions of Articles 313 through 315 and Article 316, paragraph (1) apply mutatis mutandis to a petition to accept a final appeal.
第三百十三条から第三百十五条まで及び第三百十六条第一項の規定は、上告受理の申立てについて準用する。
Article 319第三百十九条
Dismissal of a Final Appeal, Without Oral Arguments Being Heard(口頭弁論を経ない上告の棄却)
Article 319, paragraph (1)
If the final appellate court finds that a final appeal is without grounds based on the petition for final appeal, statement of grounds for final appeal, written answer, or any other documents, it may enter a judgment to dismiss the final appeal, without hearing oral arguments.
The final appellate court must conduct its examination based on the grounds for final appeal, only within the bounds of the objection that has been entered.
上告裁判所は、上告の理由に基づき、不服の申立てがあった限度においてのみ調査をする。
Article 321第三百二十一条
Binding Force of Facts Found in a Prior Instance Judgment(原判決の確定した事実の拘束)
Article 321, paragraph (1)
Lawful findings of fact in a prior instance judgment are binding on the final appellate court.
原判決において適法に確定した事実は、上告裁判所を拘束する。
Article 321, paragraph (2)
If a final appeal under the provisions of Article 311, paragraph (2) is filed, the final appellate court may not reverse the prior instance judgment on the grounds that the findings of fact in the judgment are in violation of the law.
Exclusion of Matters to Be Examined by the Court Sua Sponte from Application of Prescribed Provisions(職権調査事項についての適用除外)
Article 322, paragraph (1)
The provisions of the preceding two Articles do not apply to matters that must be examined by the court sua sponte.
前二条の規定は、裁判所が職権で調査すべき事項には、適用しない。
Article 323第三百二十三条
Declaration of Provisional Enforceability(仮執行の宣言)
Article 323, paragraph (1)
Upon petition, the final appellate court may rule to issue a declaration of provisional enforceability, but only with regard to the part of the judgment in the prior instance against which no objection has been entered.
The high court, as the final appellate court, must rule to transfer a case to the Supreme Court if the circumstances specified by the Rules of the Supreme Court are present.
If there are circumstances prescribed in Article 312, paragraph (1) or (2), the final appellate court must reverse the prior instance judgment, and, except in the cases referred to in the following Article, it must remand the case to the court of prior instance or transfer the case to another, equivalent court. The same applies if the high court is the final appellate court and a violation of law or regulation has clearly influenced the judgment.
Even without the circumstances prescribed in Article 312, paragraph (1) or (2), the Supreme Court, as the final appellate court, may reverse a prior instance judgment if a violation of law or regulation has clearly influenced the judgment, and, except in the cases referred to in the following Article, it may remand the case to the court of prior instance or transfer the case to another, equivalent court.
The court to which a case is remanded or transferred pursuant to the provisions of the preceding two paragraphs must reach a judicial decision based on additional oral arguments. In such a case, the factual or legal finding based on which the final appellate court has reversed the judgment is binding on the court to which the case is remanded or transferred.
A judge who has participated in the prior instance judgment may not participate in the judicial decision referred to in the preceding paragraph.
原判決に関与した裁判官は、前項の裁判に関与することができない。
Article 326第三百二十六条
Reversal and Decision by the Final Appellate Court(破棄自判)
Article 326, paragraph (1)
In the following cases, the final appellate court must reach a judicial decision on the case:
次に掲げる場合には、上告裁判所は、事件について裁判をしなければならない。
Article 326, paragraph (1), item (i)
the final appellate court reverses a judgment on the grounds that there has been an error in the application of the Constitution or any other law or regulation to the facts that have been found, and the case has been sufficiently developed to allow a judicial decision to be reached based on these facts;
the final appellate court reverses a judgment on the grounds that the case is not subject to the jurisdiction of the court.
事件が裁判所の権限に属しないことを理由として判決を破棄するとき。
Article 327第三百二十七条
Special Appeal to the Court of Last Resort(特別上告)
Article 327, paragraph (1)
A further appeal may be filed with the Supreme Court against a final judgment entered by the high court as the final appellate court, but only on the grounds that the judgment involves an error in the interpretation of the Constitution or that it is otherwise unconstitutional.
Unless it is contrary to their nature, provisions concerning a final appeal and litigation proceedings in the final appellate instance against a final judgment by the court of second instance or the court of first instance apply mutatis mutandis to a final appeal as referred to in the preceding paragraph and litigation proceedings in the final appellate instance. This being the case, the phrase "a prior instance judgment" in Article 321, paragraph (1) is deemed to be replaced with "the final judgment entered by the district court as the court of second instance (or the final judgment entered by the summary court, if a final appeal under the provisions of Article 311, paragraph (2) is filed)".