Domestic Relations Case Procedure Act

An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items (in item (i), excluding the petitioner):

a ruling of the commencement of guardianship:the persons prescribed in Article 7 of the Civil Code and those prescribed in Article 10, paragraph (2) of the Voluntary Guardianship Contract Act;

a ruling to dismiss a petition for the commencement of guardianship:the petitioner;

a ruling to dismiss a petition for the revocation of a ruling of the commencement of guardianship:the persons prescribed in Article 10 of the Civil Code;

a ruling of the dismissal of a guardian of an adult:the guardian of an adult;

a ruling to dismiss a petition for the dismissal of a guardian of an adult:the petitioner and the supervisor of the guardian of an adult, as well as the adult under guardianship and the relative of the adult under guardianship;

a ruling of the dismissal of a supervisor of a guardian of an adult:the supervisor of a guardian of an adult;

a ruling to dismiss a petition for the dismissal of a supervisor of a guardian of an adult:the petitioner, as well as the adult under guardianship and the relative of the adult under guardianship;

a ruling of the commission of delivery of a postal item, etc. addressed to an adult under guardianship:the adult under guardianship and the relative of the adult under guardianship;

a ruling of the rescission or change of the commission of delivery of a postal item, etc. addressed to an adult under guardianship:a guardian of the adult;

a ruling to dismiss a petition for the commission of delivery of a postal item, etc. addressed to an adult under guardianship or for the rescission or change of that commission:the petitioner; and

a ruling to dismiss a petition for permission for the conclusion of a contract for cremation or burial of the corpse and any other acts necessary for the preservation of an estate after the death of an adult under guardianship:the petitioner.

The period for filing an immediate appeal against a ruling of the commencement of guardianship to be filed by a person other than a person who receives notice of a ruling runs from the day on which a person who is appointed as a guardian of an adult pursuant to the provisions of Article 843, paragraph (1) of the Civil Code received notice of a ruling (if there are two or more such days, the latest day).

Notwithstanding the provisions of Article 89, paragraph (1) (including as applied mutatis mutandis pursuant to Article 96, paragraph (1) and Article 98, paragraph (1)), in an adjudication case for the commission of, or the rescission or change of the commission of, delivery of a postal item, etc. addressed to an adult under guardianship, the court in charge of an appeal is not required to hear statements of a person engaged in the correspondence delivery service.

A family court may have an appropriate person examine the affairs of the guardianship of an adult or the status of the property of an adult under guardianship, or administer such property temporarily.

A family court may grant a reasonable remuneration to the person who has conducted an examination or administration pursuant to the provisions of the preceding paragraph, out of the property of the adult under guardianship.

A family court may have a family court investigating officer conduct an examination under the provisions of paragraph (1).

The provisions of Articles 644, 646, 647, and 650 of the Civil Code apply mutatis mutandis to the person who administers property pursuant to paragraph (1).

A family court may, at any time, replace an administrator whom it has appointed in an adjudication case for a disposition regarding the administration of property offered to an adult under guardianship by a third party, with another.

A family court may order an administrator whom it has appointed in an adjudication case for a disposition regarding the administration of property offered to an adult under guardianship by a third party (including an administrator appointed as a replacement pursuant to the provisions of the preceding paragraph; hereinafter referred to as an "administrator of property" in this Article) to report on the status of the property and settle the account for administration.

The costs required for the report and settlement of the account set forth in the preceding paragraph are paid out of the property of an adult under guardianship.

A family court may issue an order to an Administrator of Property for an increase or decrease in or a change to the security that the administrator has provided, or an exemption from providing the security.

When a ruling to order a mortgage to be established on the real property or a vessel owned by an administrator of property becomes effective, a court clerk must commission the registration of the establishment thereof. The same applies to a registration of change or the extinction of a mortgage thus established.

The provisions of Articles 644, 646, 647, and 650 of the Civil Code apply mutatis mutandis to an Administrator of Property.

When an adult under guardianship has become able to administer their own property, the property under administration no longer exists, or it has otherwise become inappropriate to continue to place the property of the adult under guardianship under administration, the family court must make a ruling to revoke the appointment of an administrator of property or any other disposition regarding the administration of property, upon the petition of the adult under guardianship, the administrator of property or any interested party or by its own authority.

When a petition for the commencement of guardianship is filed, and when it is necessary for daily life, medical treatment, and nursing care or administration of the property of a person who is to be an adult under guardianship, the family court (or a high court in the case set forth in Article 105, paragraph (2); hereinafter the same applies in this Article and the following Article) may, upon petition or by its own authority, appoint an administrator of property or give instructions to a party concerned with the case with regard to the matters regarding daily life, medical treatment, and nursing care or administration of the property of the person who is to be an adult under guardianship, while not requiring the provision of security, until a ruling on the petition for the commencement of guardianship becomes effective.

When a petition for the commencement of guardianship is filed, and when it is particularly necessary for the preservation of the property of a person who is to be an adult under guardianship, the family court may, upon the petition of the person who has filed the petition, order that the person who is to be an adult under guardianship becomes subject to the guardianship of the administrator of property set forth in the preceding paragraph in performing acts in relation to property (excluding the acts prescribed in the proviso to Article 9 of the Civil Code; the same applies in paragraph (7)), until a ruling on the petition for the commencement of guardianship becomes effective.

When it is impossible to hear the opinions of a person who is to be an adult under guardianship due to the person's mental or physical disability, the family court may, notwithstanding the provisions of Article 107, make a ruling under the provisions of the preceding paragraph (referred to as a "ruling to order guardianship" in the following paragraph through paragraph (7)) without taking the step of hearing the person's statements.

A ruling to order guardianship becomes effective when notice thereof is given to the administrator of the property set forth in paragraph (1) (if there are two or more such administrators, one of them).

Notice of a ruling to order guardianship must be given to a person who is to be an adult under guardianship. In this case, the provisions of Article 74, paragraph (1) do not apply to a person who is to be an adult under guardianship.

The period for filing an immediate appeal against a ruling to order guardianship to be filed by a person other than a person who receives notice of a ruling runs from the day on which the administrator of property set forth in paragraph (1) receives notice under the provisions of paragraph (4) (if there are two or more such days, the latest day).

When a ruling to order guardianship is made, the person who is to be an adult under guardianship and the administrator of property set forth in paragraph (1) may rescind acts performed in relation to property by the person who is to be an adult under guardianship. In this case, the provisions of the Civil Code concerning the rescission of acts performed by a person with limited capacity to act apply mutatis mutandis.

The provisions of paragraphs (1) through (6) of the preceding Article, and the provisions of Articles 27 through 29 of the Civil Code (excluding Article 27, paragraph (2) of the Code) apply mutatis mutandis to the administrator of property set forth in paragraph (1). In this case, the term "an adult under guardianship" in paragraph (3) of the preceding Article is deemed to be replaced with "a person who is to be an adult under guardianship".

When an adjudication case for the dismissal of a guardian of an adult is pending before a family court, and when it is necessary for the interests of the adult under guardianship, the family court may, upon the petition of the person who has filed a petition for the dismissal of the guardian of the adult or by its own authority, suspend the performance of duties by the guardian of the adult or appoint a person acting as the representative thereof, until a ruling on the dismissal of the guardian of the adult becomes effective.

A ruling to suspend the performance of duties by a guardian of an adult under the provisions of the preceding paragraph becomes effective when notice thereof is given to the guardian of the adult who is to be suspended from performing duties, any other guardian of the adult or a person acting as a representative appointed pursuant to the provisions of the paragraph.

A family court may, at any time, replace a person acting as a representative appointed pursuant to the provisions of paragraph (1), with another.

A family court may grant a reasonable remuneration to a person acting as a representative appointed pursuant to paragraph (1) or a person acting as a representative appointed as a replacement pursuant to the provisions of the preceding paragraph, out of the property of the adult under guardianship.

The provisions of the preceding paragraphs apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dismissal of a supervisor of a guardian of an adult as a case on the merits.