When an immediate appeal is filed under the provisions of paragraph (2) of the preceding Article, and if a prima facie showing is made with regard to the circumstances which will obviously be the grounds for revocation of the ruling in the prior instance and the likelihood that the execution of the ruling in the prior instance will cause damage that cannot be compensated for, the court in charge of appeal may, upon petition, order a stay of execution of the ruling in the prior instance while requiring the provision of security immediately or on condition that security will be provided or while not requiring it, or order the revocation of a disposition of execution already made while requiring the provision of security immediately or on condition that security will be provided, until a judicial decision on the immediate appeal becomes effective. A family court may also issue these orders while it retains a record of the case for a provisional order prior to a ruling.
The provisions of Article 106, paragraphs (2) and (3) apply mutatis mutandis to the petition set forth in the preceding paragraph.
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provisional ordermachine translation
「保全処分」
A provisional order the family court hearing a domestic relations case makes by ruling (審判) before it decides the case — a provisional seizure (仮差押え), a provisional disposition (仮処分), the appointment of an administrator of property or another necessary measure under Article 105, paragraph (1) — or the judicial decision a high court makes in its place when the case is before that court.
Defined inArticle 106, paragraph (1)