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Chapter I-2 Jurisdiction of the Japanese Courts第一章の二 日本の裁判所の管轄権
Article 3-2第三条の二
Jurisdiction over Adjudication Cases for Dispositions Regarding Administration of Property of Absentee(不在者の財産の管理に関する処分の審判事件の管轄権)
Article 3-2, paragraph (1)
The court has jurisdiction over an adjudication case for a disposition regarding the administration of the property of an absentee (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (55); the same applies in Article 145) if the property of the absentee exists in Japan.
Jurisdiction over Adjudication Cases for Revocation of Declaration of Presumed Death(失踪の宣告の取消しの審判事件の管轄権)
Article 3-3, paragraph (1)
The court has jurisdiction over an adjudication case for revocation of the declaration of presumed death (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (57); the same applies in Article 149, paragraphs (1) and (2)) if the case falls under any of the following items:
Jurisdiction over Adjudication Cases for the Appointment of a Special Representative for the Receipt of a Manifestation of Intention and the Revocation Thereof
Article 3-4, paragraph (1)(意思表示の受領の特別代理人の選任及びその取消しの審判事件の管轄権)Jurisdiction over Adjudication Cases for the Appointment of a Special Representative for the Receipt of a Manifestation of Intention and the Revocation ThereofAdded
A court has jurisdiction over an adjudication case for the appointment of a special representative for the receipt of a manifestation of intention and the revocation thereof (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (57-2); the same applies in Article 149-2, paragraph (1)) if the domicile of the other party to the manifestation of intention (or, if there is no domicile or the domicile is unknown, the residence) is in Japan.
Jurisdiction over Adjudication Cases for the Appointment of a Special Representative in an Action to Rebut Presumption of Child Born in Wedlock(嫡出否認の訴えの特別代理人の選任の審判事件の管轄権)
The court has jurisdiction over an adjudication case for the appointment of a special representative in an action to rebut presumption of a child born in wedlock (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (59); the same applies in Article 159, paragraphs (1) and (2)) if a Japanese court has jurisdiction over the action to rebut presumption of a child born in wedlock.
The court has jurisdiction over an adjudication case for permission to adopt (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (61); the same applies in Article 161, paragraphs (1) and (2)), an adjudication case for permission in lieu of consent for giving consent to adoption (meaning an adjudication case regarding the matters set forth in row (61-2) of that table; the same applies in Article 161-2) and an adjudication case for the establishment of a special adoption (meaning an adjudication case regarding the matters set forth in row (63) of that table; the same applies in Article 164) (including an adjudication case for confirmation of eligibility for a special adoption (meaning an adjudication case regarding the confirmation of eligibility for a special adoption as prescribed in paragraph (2) of that Article; the same applies in Article 164-2, paragraphs (2) and (4))) if a person who is to adopt another person or a person who is to be adopted is domiciled in Japan (or resides in Japan if the person has no domicile or the person's domicile is unknown).
Jurisdiction over Adjudication Cases for Permission for Dissolution of Adoptive Relationships After the Death of a Party to Adoption(死後離縁をするについての許可の審判事件の管轄権)
The court has jurisdiction over an adjudication case for permission for the dissolution of an adoptive relationship after the death of a party to an adoption (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (62); the same applies in Article 162, paragraphs (1) and (2)) if the case falls under any of the following items:
Jurisdiction over Adjudication Cases for the Dissolution of Special Adoptions(特別養子縁組の離縁の審判事件の管轄権)
Article 3-8, paragraph (1)(特別養子縁組の離縁の審判事件の管轄権)
The court has jurisdiction over an adjudication case for the dissolution of a special adoption (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (64); the same applies hereinafter) if the case falls under any of the following items:
the case is based on the petition of the natural parents of the adopted child or a public prosecutor, and the adopted child is domiciled in Japan (or resides in Japan if the child has no domicile or the child's domicile is unknown);
the case is based on the petition of the adopted child who is domiciled in Japan, and the adoptive parents and the adopted child were last domiciled together in Japan; or
the case is based on the petition of the adopted child who is domiciled in Japan and the adoptive parents' whereabouts are unknown, or when the final and binding decision in an adoption dissolution action obtained in the country where the adoptive parents were domiciled has no legal effect in Japan, or the existence of special circumstances are acknowledged for having other courts in Japan undertake to examine or litigate so as to maintain an equitable balance between the adoptive parents and the adopted child or to achieve securing appropriate and swift proceedings.
Jurisdiction over Adjudication Cases Regarding Parental Authority(親権に関する審判事件等の管轄権)
Article 3-9, paragraph (1)(親権に関する審判事件等の管轄権)
The court has jurisdiction over an adjudication case regarding parental authority (meaning adjudication cases regarding the matters set forth in Appended Table 1, rows (65) through (69) and in Appended Table 2, rows (7) through (8-2); the same applies in Article 167), an adjudication case for a disposition regarding the custody of a child (meaning an adjudication case regarding the matters set forth in row (3) of that table; hereinafter the same applies) (excluding an adjudication case for a disposition regarding the sharing of expenses required for the custody of a child), and an adjudication case for the loss of the right to manage assets upon the commencement of bankruptcy proceedings against a person who exercises parental authority (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (132); the same applies in Article 242, paragraph (1), item (ii) and paragraph (3)) if the child is domiciled in Japan (or resides in Japan if the child has no domicile or the child's domicile is unknown).
Jurisdiction over Adjudication Cases for the Appointment of a Person Who Is to Be a Guardian of a Minor After the Dissolution of an Adoptive Relationship(養子の離縁後に未成年後見人となるべき者の選任の審判事件等の管轄権)
The court has jurisdiction over an adjudication case for the appointment of a person who is to be a guardian of a minor after the dissolution of an adoptive relationship (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (70); the same applies in Article 176 and Article 177, item (i)) or an adjudication case for the appointment of a guardian of a minor (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (71); the same applies in Article 177, item (ii)) if a person who is or is to be a minor under guardianship (hereinafter referred to as a "person who is to be a minor ward, etc." in this Article) is domiciled or resides in Japan, or a person who is to be a minor ward, etc. has Japanese nationality.
Jurisdiction over Adjudication Cases Regarding Duty to Support Arising from Family Relationships Such As Relationship Between Husband and Wife or Between Parents and Their Child(夫婦、親子その他の親族関係から生ずる扶養の義務に関する審判事件の管轄権)
The court has jurisdiction over an adjudication case regarding the duty to support arising from family relationships such as the relationship between a husband and wife or between parents and their child (meaning adjudication cases regarding the matters set forth in Appended Table 1, rows (84) and (85) and Appended Table 2, rows (1) through (3), (9), and (10) (in an adjudication case regarding the matters set forth in Appended Table 2, row (3), limited to an adjudication case for a disposition regarding the sharing of expenses required for the custody of a child)) if a person under a duty to support (in an adjudication case regarding the matters set forth in Appended Table 1, row (84), a person who is to be a person under a duty to support) who is not the petitioner or a person entitled to support (in an adjudication case for a disposition regarding the sharing of expenses required for the custody of a child, the person who has custody of the child, or the child) is domiciled in Japan (or resides in Japan if the person or child has no domicile or the person's or child's domicile is unknown).
The day a law or an amendment starts to apply. It is often months or years after promulgation, so that people have time to prepare. The Ministry of Justice's English usually says a law "comes into force" or "comes into effect", and sometimes calls the day its "enforcement date". Its "enforcement" more often means the word's other sense, carrying a law out, as in an Order for Enforcement (施行令), the Cabinet Order (政令) that sets out the details for carrying out an Act.
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An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
the case is based on the petition of the adopted child who is domiciled in Japan, and the adopted parents and the adopted child were last domiciled together in Japan; or
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
The court has jurisdiction over an adjudication case for the appointment of a person who is to be a guardian of a minor after the dissolution of an adoptive relationship (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (70); the same applies in Article 176 and Article 177, item (i)) or an adjudication case for the appointment of a guardian of a minor (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (71); the same applies in Article 177, item (ii)) if a person who is or is to be a minor under guardianship (hereinafter referred to as a "person who is to be a minor ward, etc." in this Article) is domiciled or resides in Japan, or a person who is to be a minor under guardianship, etc. has Japanese nationality.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
The court has jurisdiction over an adjudication case regarding the duty to support arising from family relationships such as the relationship between a husband and wife or between parents and their child (meaning adjudication cases regarding the matters set forth in Appended Table 1, row (84) and Appended Table 2, rows (1) through (3), (9), and (10) (in an adjudication case regarding the matters set forth in Appended Table 2, row (3), limited to an adjudication case for a disposition regarding the sharing of expenses required for the custody of a child)) if a person under a duty to support (in an adjudication case regarding the matters set forth in Appended Table 1, row (84), a person who is to be a person under a duty to support) who is not the petitioner or a person entitled to support (in an adjudication case for a disposition regarding the sharing of expenses required for the custody of a child, the person who has custody of the child, or the child) is domiciled in Japan (or resides in Japan if the person or child has no domicile or the person's or child's domicile is unknown).
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)