Article 200Provisional Orders Sought by Designating an Adjudication Case for Division of Estates as the Case on Merits

①When a petition for adjudication or mediation regarding the division of an estate is filed, and when it is necessary for the administration of property, the family court (or a high court in the case set forth in Article 105, paragraph (2); the same applies in the following paragraph and paragraph (3)) 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 concerning the administration of property, while not requiring the provision of security, until a ruling on the petition for the division of an estate becomes effective.

②When a petition for adjudication or mediation regarding the division of an estate is filed, and when it is necessary for the preservation of a compulsory execution or the prevention of imminent danger to a person concerned with the case, the family court may, upon the petition of the person who has filed the petition or of the respondent, issue a ruling of provisional seizure, provisional disposition or any other necessary provisional order sought by designating an adjudication case for the division of an estate as a case on the merits.

③Beyond what is provided for in the preceding paragraph, if a petition for adjudication or mediation regarding the division of an estate is filed, and when the family court finds it to be necessary for the person who has filed that petition or the respondent to exercise a claim for deposits or savings (meaning a claim for deposits or savings prescribed in Article 466-5, paragraph (1) of the Civil Code; hereinafter the same applies in this paragraph) which belongs to an estate due to circumstances such as performance of obligations that belong to an estate or payment of living costs of heirs, the family court may, upon that petition, have the petitioner tentatively acquire the whole or part of a specified claim for deposits or savings that belong to the estate; provided, however, that this does not apply if the interest of any other coheir would be harmed.

④The 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 the administrator of property set forth in paragraph (1). In this case, the term "property of an adult under guardianship" in Article 125, paragraph (3) is deemed to be replaced with "estate".