Domestic Relations Case Procedure Act

An adjudication case for the commencement of curatorship (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (17); the same applies hereinafter) is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of a person who is to be a person under curatorship.

Adjudication cases regarding curatorship (meaning the adjudication cases regarding the matters set forth in Appended Table 1, rows (17) through (35)), except for an adjudication case for the commencement of curatorship, are subject to the jurisdiction of a family court that has made a ruling of the commencement of curatorship (if the court in charge of an appeal has made a judicial decision of commencement of curatorship, the family court that is the court of first instance); provided, however, that if an adjudication case for the commencement of curatorship is pending before a family court, these cases are subject to the jurisdiction of that family court.

The provisions of Article 118 apply mutatis mutandis to a person who is to be a person under curatorship and to a person under curatorship in the following adjudication cases (including adjudication cases for a provisional order sought by designating the adjudication cases set forth in items (i), (vii), and (ix) as cases on the merits):

an adjudication case for the commencement of curatorship;

an adjudication case for the determination of acts which require the consent of a curator (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (18));

an adjudication case for permission in lieu of the consent of a curator (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (19));

an adjudication case for the revocation of a ruling of the commencement of curatorship (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (20));

an adjudication case for the revocation of a ruling to determine acts which require the consent of a curator (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (21));

an adjudication case for the appointment of a curator (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (22));

an adjudication case for the dismissal of a curator (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (24); the same applies in Article 135);

an adjudication case for the appointment of a supervisor of a curator (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (26));

an adjudication case for the dismissal of a supervisor of a curator (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (28); the same applies in Article 135);

an adjudication case for vesting the authority of representation in a curator (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (32));

an adjudication case for the revocation of a ruling to vest the authority of representation in a curator (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (33)); and

an adjudication case for the supervision of the affairs of curatorship (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (34)).

When making the rulings set forth in the following items, the family court must hear statements from the persons specified respectively in these items (in items (i), (ii), (iv), and (v), excluding the petitioner):

a ruling of the commencement of curatorship:the person who is to be a person under curatorship;

a ruling to determine acts which require the consent of a curator:the person who is or is to be a person under curatorship;

a ruling of permission in lieu of the consent of a curator:the curator;

a ruling to revoke a ruling of the commencement of curatorship (limited to the case under the provisions of Article 14, paragraph (1) of the Civil Code):the person under curatorship and the curator;

a ruling of the appointment of a curator or a supervisor of a curator:the person who is or is to be a person under curatorship;

a ruling of the dismissal of a curator:the curator; and

a ruling of the dismissal of a supervisor of a curator:the supervisor of a curator.

When making the rulings set forth in the following items, the family court must hear the opinions of the persons specified respectively in these items:

a ruling of the appointment of a curator:the person who is to be a curator; and

a ruling of the appointment of a supervisor of a curator:the person who is to be a supervisor of a curator.

Notice of the rulings set forth in the following items must be given to the persons specified respectively in these items, beyond the persons prescribed in Article 74, paragraph (1):

a ruling of the commencement of curatorship:the person who is appointed as a curator pursuant to the provisions of Article 876-2, paragraph (1) of the Civil Code, and the voluntarily appointed guardian and the supervisor of the voluntarily appointed guardian under a voluntary guardianship contract that is to terminate pursuant to Article 10, paragraph (3) of the Voluntary Guardianship Contract Act;

a ruling to determine acts which require the consent of a curator:the curator and the supervisor of the curator (if this ruling is made simultaneously upon making a ruling of the appointment of a curator or a supervisor of a curator, the person who is to be a curator or the person who is to be a supervisor of a curator);

a ruling of permission in lieu of the consent of a curator:the curator and the supervisor of the curator;

a ruling to revoke a ruling of the commencement of curatorship:the curator and the supervisor of the curator;

a ruling to revoke a ruling to determine acts which require the consent of a curator:the curator and the supervisor of the curator;

a ruling to vest the authority of representation in a curator:the person under curatorship and the supervisor of a curator (if this ruling is made simultaneously upon making a ruling of the appointment of a supervisor of a curator, the person who is to be a supervisor of a curator); and

a ruling to revoke a ruling to vest the authority of representation in a curator:the person under curatorship and the supervisor of a curator.

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

a ruling of the commencement of curatorship:the persons prescribed in the main clause of Article 11 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 curatorship:the petitioner;

a ruling to dismiss a petition for revocation of a ruling of the commencement of curatorship:the persons prescribed in Article 14, paragraph (1) of the Civil Code;

a ruling to determine acts which require the consent of a curator:the person under curatorship;

a ruling to dismiss a petition for permission in lieu of the consent of a curator:the petitioner;

a ruling of the dismissal of a curator:the curator;

a ruling to dismiss a petition for the dismissal of a curator:the petitioner, the supervisor of the curator, as well as the person under curatorship and their relative;

a ruling of the dismissal of a supervisor of a curator:the supervisor of a curator; and

a ruling to dismiss a petition for the dismissal of a supervisor of a curator:the petitioner, as well as the person under curatorship and the person's relative.

The period for filing an immediate appeal against a ruling of the commencement of curatorship to be filed by a person other than a person who receives notice of a ruling and by a person who is to be a person under curatorship runs from the latest day, out of the day on which the person who is to be a person under curatorship received notice of a ruling and the day on which the person who is appointed as a curator pursuant to the provisions of Article 876-2, paragraph (1) of the Civil Code received notice of a ruling.

The provisions of Article 119 apply mutatis mutandis to the expert examination and hearing of opinions concerning the mental state of a person who is or is to be a person under curatorship; the provisions of Article 121 apply mutatis mutandis to the withdrawal of a petition for the commencement of curatorship and the withdrawal of a petition for the appointment of a curator; and the provisions of Article 124 apply mutatis mutandis to the supervision of the affairs of curatorship.

The provisions of Article 126, paragraph (1) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the commencement of curatorship as a case on the merits.

When a petition for the commencement of curatorship is filed, and when it is particularly necessary for the preservation of the property of a person who is to be a person under curatorship, the family court (or a high court in the case set forth in Article 105, paragraph (2)) may, upon the petition of the person who has filed the petition, order that the person who is to be a person under curatorship be subject to the curatorship of the administrator of property to be appointed pursuant to the provisions of Article 126, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph (hereinafter simply referred to as an "administrator of property" in this Article) in performing acts in relation to property (limited to the acts prescribed in Article 13, paragraph (1) of the Civil Code; the same applies in paragraph (5)), until a ruling on the petition for the commencement of curatorship becomes effective.

Notice of a ruling under the provisions of the preceding paragraph (hereinafter referred to as a "ruling to order curatorship" in the following paragraph and paragraph (5)) must be given to an administrator of property, beyond the persons prescribed in Article 74, paragraph (1).

The period for filing an immediate appeal against a ruling to order curatorship to be filed by a person other than a person who receives notice of a ruling and by a person who is to be a person under curatorship runs from the latest day, out of the day on which the person who is to be a person under curatorship receives notice of a ruling and the day on which the administrator of property receives notice of a ruling under the provisions of the preceding paragraph.

When a ruling to order curatorship is made, the person who is to be a person under curatorship and the administrator of property may rescind acts performed in relation to property by the person who is to be a person under curatorship without obtaining consent from the administrator of property. 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 Article 125, paragraphs (1) through (6), as well as the provisions of Articles 27 through 29 of the Civil Code (excluding Article 27, paragraph (2) of the Code) apply mutatis mutandis to an administrator of property. In this case, the term "an adult under guardianship" in Article 125, paragraph (3) is deemed to be replaced with "a person who is to be a person under curatorship."

The provisions of Article 127, paragraphs (1) through (4) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dismissal of a curator or an adjudication case for the dismissal of a supervisor of a curator as a case on the merits.