Supplementary Provisions, Article 3Transitional Measures Concerning Provisions on Assurance of Performance
第三条(履行の確保に関する規定に関する経過措置)
Where a ruling imposing an obligation or other judicial decision, mediation or ruling in lieu of mediation under the provisions of the Domestic Relations Adjudication Act (Act No. 152 of 1947) prior to its abolition under Article 3 of the Arrangement Act (hereinafter referred to as the "Former Act" in this Article and paragraph (1) of the following Article), or a measure prior to mediation prescribed in Article 28, paragraph (2) of the Former Act (including such a measure in the case where the provisions then in force continue to govern pursuant to Article 4 of the Arrangement Act; hereinafter referred to as a "ruling imposing an obligation, etc." in this Article) has been made, the provisions of Article 289 and Article 290 apply by deeming the ruling imposing an obligation, etc. to be a ruling imposing an obligation or other judicial decision, mediation or ruling in lieu of mediation, or a disposition prior to mediation under the provisions of the New Act.
disposition prior to mediationcorrected by this site
「調停前の処分」
A disposition the mediation committee (調停委員会) may order while a mediation case is before it, as it finds necessary for the mediation; where matters are urgent, the judge on the committee may order it.
Short name set inArticle 266, paragraph (2)
ruling in lieu of mediationcorrected by this site
「調停に代わる審判」
A ruling (審判) the family court may make on its own authority to resolve a case where mediation has failed, weighing fairness to both parties and all the circumstances; it is not available in mediation of the personal-status matters covered by Article 277, paragraph (1).
Short name set inArticle 284, paragraph (1)
the New Actmachine translation
「新法」
In the original supplementary provisions (附則) of the Domestic Relations Case Procedure Act, that Act itself (Act No. 52 of 2011).
Short name set inSupplementary Provisions, Article 1, paragraph (1)
Arrangement Actmachine translation
「整備法」
Short name, in Articles 2 and 3 of the original supplementary provisions (附則) of the Domestic Relations Case Procedure Act, for Act No. 53 of 2011, the Act arranging related laws for the coming into effect of the Non-Contentious Case Procedures Act and the Domestic Relations Case Procedure Act.
Short name set inSupplementary Provisions, Article 2, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 3
the Former Actmachine translation
「旧法」
In Article 3 and Article 4, paragraph (1) of the original supplementary provisions (附則) of the Domestic Relations Case Procedure Act, the law on adjudication of domestic relations (家事審判法, Act No. 152 of 1947) that Article 3 of the Arrangement Act (整備法) abolished.
Short name set inSupplementary Provisions, Article 3, paragraph (1)· applies only in this article and in Supplementary Provisions, Article 4, paragraph (1)
ruling imposing an obligation, etc.machine translation
「義務を定める審判等」
A ruling (審判) or other judicial decision imposing an obligation, a mediation or a ruling in lieu of mediation (調停に代わる審判), or a measure prior to mediation (調停前の措置) under Article 28, paragraph (2) of the law on adjudication of domestic relations (家事審判法, the former Act), including one made under that law where Article 4 of the Arrangement Act (整備法) keeps its rules in place. Article 3 of the original supplementary provisions (附則) treats each as the corresponding ruling, mediation or disposition under the Domestic Relations Case Procedure Act, so that Articles 289 and 290 on securing performance apply to it.
Short name set inSupplementary Provisions, Article 3, paragraph (1)· applies only in this article