Every term this law . Its definitions bind only this law — each entry says where the definition applies and links to the sentence that settles it. 136 terms: 57 with the Ministry of Justice's English, 79 in our translation, marked as such.
The date Act No. 44 of 2017, the amending Act these supplementary provisions (附則) belong to, comes into effect.
A mortgage (抵当権) created, as Article 398-2, paragraph (1) allows, to secure unspecified claims within a certain range up to a maximum amount (極度額), as the act creating it provides.
This Act as amended by Act No. 44 of 2017.
後見人
抵当不動産
The real property (不動産) that is the object of a mortgage (抵当権).
配偶者
In the chapter on a spouse's rights of residence, the spouse of the deceased (被相続人).
被後見人
A creditor of a debt that belongs to the inherited property (相続財産).
相続財産に属する債務の債権者
A demand by which an obligee (債権者) asks the court, under Article 424, paragraph (1), to revoke an act the obligor (債務者) did knowing it would harm the obligee.
A supervisor of a minor's guardian (未成年後見監督人) or an adult guardian's supervisor (成年後見監督人).
未成年後見監督人及び成年後見監督人
The right of the spouse of the deceased (被相続人), who was living in a building that belonged to the deceased's property when the succession began, to use the whole building and take profits from it free of charge, acquired where a division of the estate (遺産の分割) gives it to the spouse or a legacy (遺贈) leaves it, unless the deceased co-owned the building with someone other than the spouse.
受益者
In the subsection on the right to demand revocation of fraudulent acts (詐害行為取消権), the person who gained a benefit from an act that the obligor (債務者) did knowing it would harm the obligee (債権者).
This Act as it stood before Act No. 44 of 2017 amended it.
A guarantee contract whose principal obligation is one or more unspecified debts within a certain range.
In the section on the spouse's right of residence (配偶者居住権), the building that belonged to the property of the deceased (被相続人) and in which the deceased's spouse was living when the succession began.
The administrator of unclaimed land whom the court must appoint, under Article 264-2, paragraph (4), in an administration order for unclaimed land (所有者不明土地管理命令).
第四項に規定する所有者不明土地管理人
申込み
A declaration of intention (意思表示) that shows the content of a contract and proposes concluding it.
In the supplementary provisions (附則) of Act No. 99 of 1971, a mortgage (抵当権) of the revolving kind (根抵当) that already existed when that Act came into effect on 1 April 1972.
A person whose capacity to act (行為能力) is limited: a minor, an adult ward (成年被後見人), a person under curatorship (被保佐人), or a person under assistance (被補助人) for whom the family court has made a decision under Article 17, paragraph (1) that certain acts need the assistant's consent.
未成年者、成年被後見人、被保佐人及び第十七条第一項の審判を受けた被補助人
管理不全土地管理人
The administrator of mismanaged land whom the court must appoint, under Article 264-9, paragraph (3), in an administration order for mismanaged land (管理不全土地管理命令).
第三項に規定する管理不全土地管理人
The whole set of terms that the particular person conducting a standard transaction (定型取引) has prepared in order to make them the content of the contract.
定型取引において、契約の内容とすることを目的としてその特定の者により準備された条項の総体
特別養子縁組
In the subsection on special adoption, an adoption ending the child's family relationship with its blood relatives of origin (実方の血族), which the family court establishes on the request of the person who is to become the adoptive parent when the requirements of Articles 817-3 to 817-7 are met.
This Act as amended by Act No. 99 of 1971.
This Act as amended by Article 1 of Act No. 72 of 2018.
In the section on the administration of an absentee's property and declarations of disappearance (失踪の宣告), the administrator of the property of an absentee (不在者), a person who has left their domicile or residence.
A record made in electronic, magnetic or any other form people cannot perceive directly, for use in computer processing.
電子的方式、磁気的方式その他人の知覚によっては認識することができない方式で作られる記録であって、電子計算機による情報処理の用に供されるもの
A declaration of intention (意思表示) by which the parties prohibit or restrict the assignment of a claim (債権).
This Act as amended by Act No. 147 of 2004.
不在者
A person who has left the place where they had their domicile (住所) or residence (居所) until then.
被代位権利
A right belonging to the obligor (債務者) that the obligee (債権者) exercises in the obligor's place where this is needed to preserve the obligee's own claim.
An act that extinguishes a debt with one's own assets, such as paying it (弁済); the term is first used of a guarantor who does so in the principal obligor's place.
A security (証券) that names the creditor but bears a note that performance is to be made to whoever holds it.
債権者を指名する記載がされている証券であって、その所持人に弁済をすべき旨が付記されているもの
管理者
In the chapter on benevolent intervention in another's affairs (事務管理), a person who has begun to manage affairs for another person without being obliged to do so.
In the section on the spouse's short-term right of residence (配偶者短期居住権), the building that belonged to the property of the deceased (被相続人) and in which the deceased's spouse was living free of charge when the succession began.
The date Act No. 72 of 2018, the amending Act these supplementary provisions (附則) belong to, comes into effect.
The date Act No. 24 of 2021, the amending Act these supplementary provisions (附則) belong to, comes into effect.
所有者不明土地管理命令
A court order, made on the request of an interested person where the court finds it necessary, placing land whose owner cannot be identified or located — or, for land with several co-owners, a co-ownership share (共有持分) whose holder cannot be identified or located — under management by an administrator of unclaimed land (所有者不明土地管理人).
所有者不明土地等
The land or co-ownership share (共有持分) covered by an administration order for unclaimed land (所有者不明土地管理命令), the movables (動産) the order extends to, and the property the administrator of unclaimed land (所有者不明土地管理人) has obtained by managing or disposing of them or in other ways.
管理不全土地等
The land covered by an administration order for mismanaged land (管理不全土地管理命令), the movables (動産) the order extends to, and the property the administrator of mismanaged land (管理不全土地管理人) has obtained by managing or disposing of them or in other ways.
Land of someone other than the holder of a servitude (地役権) that is made available for the benefit of the dominant land (要役地).
地役権者以外の者の土地であって、要役地の便益に供されるもの
預貯金債権
A claim to a deposit or savings (預金又は貯金) held in a deposit account or savings account.
Where a claim not yet in existence is assigned, the time at which the assignor gives the obligor notice of the assignment under Article 467, or the obligor gives consent (承諾) to it under that Article.
The management of another person's affairs by someone who began it without any duty to do so (a manager, 管理者), who must carry it out in the way that best suits that person's interests, according to the nature of the affairs.
相続財産の清算人
In the chapter on the absence of an heir (相続人の不存在), the liquidator of the inherited property (相続財産) whom the family court appoints under Article 952, paragraph (1) where it is not clear whether there is an heir.
The right of the spouse of the deceased (被相続人), who was living free of charge in a building that belonged to the deceased's property when the succession began, to go on using it (or the part used) free of charge, as against whoever acquired it by inheritance (相続) or legacy (遺贈), until the date Article 1037, paragraph (1) sets — unless the spouse acquires a spouse's right of residence (配偶者居住権) in it or has lost the right to inherit under Article 891 or by disinheritance (廃除).
In the supplementary provisions (附則) of Act No. 147 of 2004, a revolving guarantee contract for loans as defined in Article 465-2, paragraph (1) of the Civil Code as amended by that Act, which Article 4 of those supplementary provisions deals with where it was concluded before that Act came into effect.
新法第四百六十五条の二第一項に規定する貸金等根保証契約
元本確定期日
In the supplementary provisions (附則) of Act No. 147 of 2004, the principal fixed date as defined in Article 465-3, paragraph (1) of the Civil Code as amended by that Act, which Article 4 of those supplementary provisions uses for revolving guarantee contracts for loans (貸金等根保証契約) concluded before that Act came into effect.
新法第四百六十五条の三第一項に規定する元本確定期日
This Act as amended by Article 1 of Act No. 24 of 2021.
This Act as it stood before Article 1 of Act No. 24 of 2021 amended it.
The date Act No. 102 of 2022, the amending Act these supplementary provisions (附則) belong to, comes into effect.
This Act as amended by Article 1 of Act No. 33 of 2024.
元本確定期日
The date set in a revolving guarantee contract (根保証契約) on which the principal of the principal obligation is to be fixed (確定).
推定相続人
A person who would become an heir (相続人) if the succession (相続) opened.
相続が開始した場合に相続人となるべき者
In the section on the effect of wills, a person who has the duty to carry out a legacy (遺贈).
遺贈の履行をする義務を負う者
In the section on the spouse's short-term right of residence (配偶者短期居住権), the person who acquired ownership of the building of residence (居住建物) by inheritance (相続) or by legacy (遺贈).
The date Act No. 147 of 2004, the amending Act these supplementary provisions (附則) belong to, comes into effect.
The date Act No. 59 of 2018, the amending Act these supplementary provisions (附則) belong to, comes into effect.
This Act as amended by Article 1 of Act No. 102 of 2022.
The date Act No. 33 of 2024, the amending Act these supplementary provisions (附則) belong to, comes into effect.
In Article 252, paragraph (4), a right of lease (賃借権) or another right to use a thing and take profits from it, which co-owners may create over what they own together for no longer than the period that paragraph sets: 10 years for forest land leased to plant or fell trees, 5 years for other land, 3 years for a building and 6 months for movables (動産).
所有者不明建物管理命令
In Article 264-8, a court order, made on the request of an interested person where the court finds it necessary, placing a building whose owner cannot be identified or located — or, for a building with several co-owners, a co-ownership share (共有持分) whose holder cannot be identified or located — under management by an administrator of an unclaimed building (所有者不明建物管理人).
管理不全土地管理命令
A court order, made on the request of an interested person where the court finds it necessary, placing land under management by an administrator of mismanaged land (管理不全土地管理人) because the owner's improper management of it infringes, or threatens to infringe, another person's rights or legally protected interests.
A revolving guarantee contract (根保証契約) — a guarantee whose principal obligation is one or more unspecified debts within a certain range — in which the guarantor is not a corporation (法人), that is, is an individual.
An individual's revolving guarantee contract (個人根保証契約) whose principal obligation includes debts incurred by borrowing money or by having a bill discounted (手形の割引).
The person who prepared the standard terms and conditions (定型約款) used in a standard transaction (定型取引).
Money, whatever it is called, that a lessee (賃借人) gives the lessor (賃貸人) to secure the rent and the lessee's other money obligations to the lessor arising from the lease (賃貸借).
いかなる名目によるかを問わず、賃料債務その他の賃貸借に基づいて生ずる賃借人の賃貸人に対する金銭の給付を目的とする債務を担保する目的で、賃借人が賃貸人に交付する金銭
In Article 1050, the money, in an amount matching the contribution, that a special contributor (特別寄与者) may claim from the heirs (相続人) after the succession begins.
The date Act No. 134 of 2003, the amending Act these supplementary provisions (附則) belong to, comes into effect.
In Article 262-2, a co-owner of real property (不動産) whom another co-owner cannot identify or cannot locate, and whose share the court may, on the request of that other co-owner, let that co-owner acquire.
所有者不明建物管理人
In Article 264-8, the administrator of an unclaimed building whom the court must appoint, under paragraph (4) of that Article, in an administration order for an unclaimed building (所有者不明建物管理命令).
第四項に規定する所有者不明建物管理人
In Article 264-14, a court order, made on the request of an interested person where the court finds it necessary, placing a building under management by an administrator of a mismanaged building (管理不全建物管理人) because the owner's improper management of it infringes, or threatens to infringe, another person's rights or legally protected interests.
Land of the holder of a servitude (地役権) that receives a benefit from another person's land.
地役権者の土地であって、他人の土地から便益を受けるもの
貸金等債務
A debt incurred by borrowing money or by having a bill discounted (手形の割引).
A person who has advertised that anyone who does a certain act will be given a certain reward.
A transaction that a particular person conducts with an unspecified large number of people as the other party, in which it is reasonable for both sides that all or part of its content is uniform.
ある特定の者が不特定多数の者を相手方として行う取引であって、その内容の全部又は一部が画一的であることがその双方にとって合理的なもの
In a partnership (組合), a person — one or more partners or a third party — to whom the partnership contract entrusts deciding and carrying out the partnership's business, under Article 670, paragraph (2).
Where the mother married more than once between conceiving a child and giving birth, so that Article 772, paragraph (3) presumes the child to be that of her most recent husband, a man who was married to her during that time but is not the child's father under that rule.
In Article 860-3, mail (郵便物) or correspondence items (信書便物) — letters, with their packaging and anything else enclosed, delivered by a correspondence delivery service under the Act on Correspondence Delivery by Private Business Operators — addressed to an adult ward (成年被後見人), which the family court may ask the delivery business to deliver to the adult guardian (成年後見人) instead.
The account of the guardian's management that a guardian (後見人), or the guardian's heir, must give within two months after the guardian's duties end, a period the family court may extend.
A will (遺言) that, as its designation of how the estate is to be divided, has a specific item of the estate pass to one or more of the co-heirs (共同相続人).
The Act as amended by the amendment these supplementary provisions belong to.
In Article 3 of the supplementary provisions (附則) of Act No. 149 of 1999, the Civil Code as it stood before that Act amended it.
In Article 4 of the supplementary provisions (附則) of Act No. 147 of 2004, the maximum amount as provided in Article 465-2, paragraph (1) of the Civil Code as amended by that Act, whose presence or absence in a revolving guarantee contract for loans (貸金等根保証契約) concluded before that Act came into effect decides how Article 4 resets the contract's principal fixed date (元本確定期日).
The Act as amended by the amendment these supplementary provisions belong to.
In Article 3 of the supplementary provisions (附則) of Act No. 61 of 2011, the Civil Code as it stood before Article 1 of that Act amended it.
This Act as amended by Act No. 59 of 2018.
In Article 209, the owner of the neighboring land and anyone actually using it.
In Article 262-3, a co-owner of real property (不動産) whom another co-owner cannot identify or cannot locate, and whose share the court may, on the request of that other co-owner, authorize that co-owner to transfer to a specified person, on condition that all the remaining co-owners transfer their whole shares to that person.
Enforcement of a security interest in real property (不動産) by applying the income the property produces to paying the secured claim, as Article 180, paragraph (1), item (ii) of the Civil Enforcement Act defines it.
民事執行法第百八十条第二号に規定する担保不動産収益執行
In the section on revolving mortgages (根抵当), a transfer of a revolving mortgage (根抵当権) that its holder makes without dividing it, so that the holder and the person receiving it own the mortgage together.
譲渡人が譲受人と根抵当権を共有するため、これを分割しないで譲り渡すこと
In Article 424-2, a concealment, gratuitous transfer or other disposition by the obligor (債務者) that harms the obligee (債権者).
第三取得者
In Article 501, paragraph (3), a person who acquired from the obligor (債務者) property that is the object of a security interest.
債務者から担保の目的となっている財産を譲り受けた者
In Article 548-3, an agreement to conduct a standard transaction (定型取引).
受益者
In the chapter on unjust enrichment (不当利得), a person who, without legal grounds, has gained a benefit from another person's property or labor and has thereby caused that person a loss.
This Act as it stood before Act No. 99 of 1971 amended it.
This Act as amended by Act No. 101 of 1987.
This Act as it stood before Article 1 of Act No. 134 of 2003 amended it.