A special appeal does not have the effect of a stay of execution; provided, however, that the court in charge of the appeal set forth in paragraph (2) of the preceding Article or the court of prior instance may, upon petition, order a stay of execution of the judicial decision in the prior instance or any other necessary measures while requiring or not requiring the provision of security, until a judicial decision on the special appeal is made.
When security is provided pursuant to the provisions of proviso to the preceding paragraph, if it is provided as a statutory deposit, the deposit must be made at the official depository located within the judicial district of the family court which has jurisdiction over the location of the court that has ordered the provision of security.
前項ただし書の規定により担保を立てる場合において、供託をするには、担保を立てるべきことを命じた裁判所の所在地を管轄する家庭裁判所の管轄区域内の供託所にしなければならない。
The provisions of Articles 76, 77, 79, and 80 of the Code of Civil Procedure apply mutatis mutandis to the security set forth in the preceding paragraph.
民事訴訟法第七十六条、第七十七条、第七十九条及び第八十条の規定は、前項の担保について準用する。
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special appeal
「特別抗告」
An appeal to the Supreme Court against a family court ruling (審判) that cannot otherwise be appealed, or against a high court's decision in an adjudication case, on the ground that it misinterprets or otherwise violates the Constitution.
Short name set inArticle 94, paragraph (2)
official depository
供託所
The office that holds money and securities deposited (供託) under a provision of an Act or other statute: a Legal Affairs Bureau (法務局) or District Legal Affairs Bureau (地方法務局), one of their branch bureaus, or a local office of theirs the Minister of Justice designates (Deposit Act, Article 1). Its work is done by an official of the bureau whom the bureau's head designates as a deposit officer (供託官) (Article 1-2). Under the Real Estate Brokerage Act, a real estate broker (宅地建物取引業者) must deposit its security deposit for operations (営業保証金) at the official depository nearest its principal office (Article 25, paragraph (1)), and a person who dealt with the broker in its real estate brokerage business, other than another broker, has the right to be paid a claim arising from that deal out of that deposit (Article 27, paragraph (1)). Before the contract is made, a broker must tell the other party that official depository and its address, or, if the broker is a member of a real estate guarantee association, the association and the official depository where the association lodged its own deposit (Article 35-2).
Written by AI using Deposit Act, Arts. 1, 1-2 and Real Estate Brokerage Act, Arts. 25, 27, 35-2, 64-7 as a reference.