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. 94 terms: 58 with the Ministry of Justice's English, 36 in our translation, marked as such.
Any of the instruments listed in Article 22 on which judicial enforcement (強制執行) is based — such as a final and binding judgment, a judgment or demand for payment (支払督促) with a declaration of provisional enforcement, a notarial instrument authorizing enforcement (執行証書), a foreign court judgment or arbitral award whose enforcement judgment or order has become final, and anything else with the same effect as a final and binding judgment.
債権
In Section 2 of Chapter II, a claim for payment of money or for delivery of a vessel or movables (動産), other than one for which securities that can be seized in enforcement against movables (動産執行) have been issued.
A distribution (配当) of the sale proceeds among the creditors, or a delivery of payment money (弁済金) to them.
Judicial enforcement (強制執行), auctions to enforce a security interest, auctions to turn property into money under the Civil Code and other Acts, and the investigation of a debtor's financial situation, taken together.
執行費用
The necessary costs of judicial enforcement (強制執行), which the debtor (債務者) bears.
第三債務者
The debtor of a claim being seized: the person who owes that claim to the debtor (債務者) against whom enforcement is carried out.
An authenticated copy (正本) of a title of obligation (債務名義) on which judicial enforcement (強制執行) can be carried out under Article 25 — as a rule, one bearing an attestation of enforceability (執行文), or the certificate or record that Article 25 accepts in its place.
財産開示期日
The date on which the debtor's property is to be disclosed in an asset disclosure procedure (財産開示手続): the enforcement court (執行裁判所) sets it once its order to carry out the procedure becomes final, summons the petitioner and the debtor, and the person obliged to disclose (開示義務者) must appear and state the debtor's property.
財産を開示すべき期日
A document stating what is recorded in a file (ファイル) on a computer the court uses, certified by a court clerk (裁判所書記官) as identical to what is recorded there.
裁判所の使用に係る電子計算機に備えられたファイル（以下単に「ファイル」という。）に記録されている事項を記載した書面であつて裁判所書記官が当該書面の内容が当該ファイルに記録されている事項と同一であることを証明したもの
船舶
In Section 2 of Chapter II and Chapter III, a vessel of 20 tons gross or more, other than a rowing boat or other craft propelled only or mainly by oars.
In Section 2 of Chapter II, judicial enforcement (強制執行) against a claim for payment of money or for delivery of a vessel or movables (債権), begun by the enforcement court's order of seizure (差押命令), other than enforcement against a claim arising from a small claims action (少額訴訟債権執行).
In Chapter III, a security interest over immovable property (不動産) — including what Article 43, paragraph (2) deems immovable property, but not fixtures on land that cannot be registered — enforced by whichever the creditor chooses of a secured immovable property auction (担保不動産競売) and enforcement against earnings from secured immovable property (担保不動産収益執行).
ファイル
A file stored on a computer used by the court, called simply "file" from Article 18-2, paragraph (1) on.
A provisional order (保全処分) that has a court enforcement officer (執行官) publicly announce what another provisional order says, by posting a notice or other sign at the place where the immovable property is, as Article 55, paragraph (1) defines it.
執行官に、当該保全処分の内容を、不動産の所在する場所に公示書その他の標識を掲示する方法により公示させることを内容とする保全処分
Movables (動産) that a court enforcement officer (執行官) has seized.
開示義務者
The person who must appear on the asset disclosure date (財産開示期日) and state the debtor's property: the debtor (債務者), or its legal representative (法定代理人) where it has one, or its representative (代表者) where the debtor is a corporation.
前条第二項第二号に掲げる者
競売
In Section 2 of Chapter II, a compulsory auction (強制競売) or an auction to enforce a security interest (担保権の実行としての競売).
In Division 2 of Subsection 4 (Articles 167-2 to 167-14), enforcement against a monetary claim (金銭債権) that a court clerk (裁判所書記官) carries out on petition, based on a title of obligation (債務名義) from a small claims action (少額訴訟) listed in Article 167-2, paragraph (1), beginning with the clerk's disposition of seizure (差押処分).
転付命令
An order of the enforcement court (執行裁判所), on the attaching creditor's petition, transferring a seized monetary claim to the attaching creditor at its face value in place of payment.
In Articles 168 and 168-2, immovable property (不動産), or a vessel or other place in which a person lives (人の居住する船舶等).
不動産又は人の居住する船舶等
売却基準価額
The price that the enforcement court (執行裁判所) sets, based on an appraiser's (評価人) valuation, as the standard for the sale price of immovable property.
買受可能価額
The lowest price at which an offer to buy immovable property sold in enforcement may be made: the standard sales price (売却基準価額) less two-tenths of it.
Judicial enforcement (強制執行) against movables (動産), begun by a court enforcement officer's (執行官) seizure; movables here include fixtures on land that cannot be registered, natural fruits not yet separated from the land that are certain to be harvested within one month, and securities other than those whose endorsement is prohibited.
明渡しの催告
In Article 168-2, a court enforcement officer's (執行官) demand that the immovable property or residence (不動産等) be delivered or vacated, made with a time limit for delivery (引渡し期限) once enforcement of its delivery or eviction can begin.
不動産等の引渡し又は明渡しの催告
特例執行文付与申立事件に関する申立て等
A petition (申立て) or other statement (申述) made in a case concerning a petition for granting of a special attestation of enforceability (特例執行文付与申立事件).
This Act as amended by Article 1 of Act No. 2 of 2019.
A notarial deed (公正証書) drawn up by a notary for a claim to payment of a fixed sum of money or delivery of a fixed quantity of other fungible things or securities, which states or records that the debtor submits immediately to judicial enforcement (強制執行).
配当異議の申出
An objection, made under Article 89, paragraph (1), by a creditor or the debtor who disputes the amount of any creditor's claim or distribution shown in the distribution list (配当表).
売却命令
An order of the enforcement court (執行裁判所), on the attaching creditor's petition, directing a court enforcement officer (執行官) to sell a seized claim that is hard to collect, by a method the court sets, instead of collecting it.
The procedure under Articles 196 to 203 in which the district court for the debtor's general venue (普通裁判籍), as enforcement court (執行裁判所), on the petition of a creditor holding an enforceable title of obligation (債務名義) for a monetary claim or a general statutory lien (一般の先取特権) who has not been paid in full in a distribution or shows that enforcement against the debtor's known property would not pay them in full, has the debtor (or its legal representative or representative) appear on an asset disclosure date (財産開示期日) and state the debtor's property in a hearing closed to the public.
In Article 19-2, a petition (申立て) or other statement (申述) made in civil enforcement proceedings.
差押債権者
In Article 63, the attaching creditor under the first order commencing compulsory auction (強制競売の開始決定), or, where a decision to continue the proceedings has been made under Article 47, paragraph (6), the attaching creditor who received that decision.
最初の強制競売の開始決定に係る差押債権者をいう。ただし、第四十七条第六項の規定により手続を続行する旨の裁判があつたときは、その裁判を受けた差押債権者
The part of the enforcement costs (執行費用) that is a common-benefit expense (共益費用), as Article 63, paragraph (1), item (i) defines it.
An organized crime group member as defined in Article 2, item (vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members, or a person who ceased to be one less than five years ago.
The person who owes the debtor (債務者) the rent or other delivery arising from the income of immovable property placed under forced administration (強制管理).
Judicial enforcement (強制執行) against a vessel of 20 tons gross or more (other than craft propelled only or mainly by oars), carried out by compulsory auction (強制競売).
In Chapter III, enforcement of a security interest in immovable property (不動産担保権) by auction (競売).
競売による不動産担保権の実行
In Chapter III, enforcement of a security interest in immovable property (不動産担保権) by applying the income the property produces to paying the secured claim — one of the two methods Article 180 lets the creditor choose.
不動産から生ずる収益を被担保債権の弁済に充てる方法による不動産担保権の実行
The procedure under Articles 204 to 211 in which the enforcement court (執行裁判所), on a creditor's petition, orders persons other than the debtor — such as a registry office (登記所) or a bank — to provide information about the debtor's property.
The Civil Enforcement Act (Act No. 4 of 1979) as amended by Article 3 of Act No. 152 of 2004, in whose supplementary provisions (附則) the name is used.
In Article 64-2, letting people who wish to buy immovable property being sold in enforcement enter it and look around it.
不動産の買受けを希望する者をこれに立ち入らせて見学させること
The debtor (債務者) and the relatives who live with the debtor and share the same household budget, including a person in an unregistered relationship with the debtor that is in fact a marriage or an adoption.
船舶国籍証書等
The document proving a vessel's nationality and the other documents the vessel needs in order to sail.
譲渡命令
An order of the enforcement court (執行裁判所), on the attaching creditor's petition, transferring a seized claim that is hard to collect to the attaching creditor in place of payment, at a price the court sets.
In Articles 161-2 and 167-10, an order of the enforcement court (執行裁判所), on the attaching creditor's petition, directing the third-party debtor (第三債務者) to deposit money equal to the whole seized monetary claim with the official depository (供託所) at the place of performance, available where a decision under Article 133, paragraph (1) of the Code of Civil Procedure (applied by Article 20) has been made about the attaching creditor's or its legal representative's address or name, or where the title of obligation (債務名義) shows particulars set under paragraph (5) of that Article in place of them.
その他の財産権
In Article 167, a property right other than immovable property (不動産), a vessel (船舶), movables (動産) or a claim (債権); judicial enforcement (強制執行) against it follows the rules for enforcement against a claim (債権執行) unless otherwise provided.
An auction of movables (動産) held to enforce a security interest over them, which begins only where the creditor gives the movables to a court enforcement officer (執行官), gives the officer a document showing that their possessor consents to the seizure, or gives the officer a copy of the court's permission under Article 190, paragraph (2) that has been served on the debtor no later than the search.
A court enforcement officer (執行官), or a person who carries out civil enforcement duties on the order of an enforcement court (執行裁判所).
A provisional order (保全処分) that has a court enforcement officer (執行官) publicly announce what another provisional order says, by posting a notice or other sign at the place where the immovable property is, as Article 55, paragraph (1) defines it.
第五十五条第一項に規定する公示保全処分
引渡命令
An order under the main clause of Article 83, paragraph (1) (applied to auctions to enforce a security interest by Article 188) in which the enforcement court (執行裁判所), on the petition of a buyer who has paid the price, orders the debtor or a possessor of the immovable property to deliver it to the buyer.
給付請求権
The debtor's right to claim rent or another delivery arising from the income of immovable property placed under forced administration (強制管理).
An action that an attaching creditor (差押債権者) brings against the third-party debtor (第三債務者) for performance of the seized claim.
In Article 168-2, the time limit for delivery (引渡し期限): the last day on which judicial enforcement under paragraph (6) can be carried out on the basis of a demand for eviction (明渡しの催告) — one month after the demand, or a later day the court enforcement officer (執行官) sets with the enforcement court's permission.
明渡しの催告に基づき第六項の規定による強制執行をすることができる期限
占有者
In Article 168-2, a person other than the debtor (債務者) who possesses the immovable property or residence (不動産等) whose delivery or eviction is being enforced.
第一項の不動産等を占有する者であつて債務者以外のもの
A case on a petition for the grant of an attestation of enforceability (執行文) begun from the day the Act Partially Amending the Code of Civil Procedure (Act No. 48 of 2022) came into effect up to the day before the Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) comes into effect, where the title of obligation (債務名義) is an electronic or magnetic record (電磁的記録) recorded in a court file (ファイル); Articles 6 to 10 of the supplementary provisions (附則) set its rules.
This Act as it stood before Article 3 of Act No. 134 of 2003 amended it.
This Act as it stood before Article 3 of Act No. 152 of 2004 amended it.
In Article 19-2, paragraphs (1), (2) and (4), a written document, papers, a transcript, an extract, an authenticated copy, a duplicate, a counterpart or any other paper or tangible object on which characters, figures or other information people can perceive is written.
書面、書類、文書、謄本、抄本、正本、副本、複本その他文字、図形等人の知覚によつて認識することができる情報が記載された紙その他の有体物
家庭裁判所における執行関係訴訟手続
In Article 21-2, the procedure in a case within a family court's (家庭裁判所) jurisdiction on an action under Article 24 (for an enforcement judgment on a foreign court judgment) or Articles 33 to 35 (for the grant of an attestation of enforceability (執行文), against such an attestation, or objecting to the claim).
価格減少行為
An act that reduces, or is likely to reduce, the price of immovable property (不動産), as Article 55, paragraph (1) defines it.
不動産の価格を減少させ、又は減少させるおそれがある行為
In Article 63, a claim that takes priority over the claim of the attaching creditor (差押債権者).
In Article 63, paragraph (2), the price an attaching creditor (差押債権者), notified under paragraph (1) that the minimum purchase price (買受可能価額) will not cover more than the procedural expenses (手続費用) and any preferential claim (優先債権), names and backs with an offer and a guarantee to keep the compulsory auction from being cancelled: more than the estimated procedural expenses, or, where there is a preferential claim, at least those expenses and that claim together.
In Article 64-2, paragraphs (3), (5) and (6), a person who has applied, as Rules of the Supreme Court (最高裁判所規則) provide, to take part in a preliminary inspection (内覧), other than a person who lacks the qualification or capacity to buy the property or to whom other grounds those Rules set apply.
価格減少行為等
In Article 77, paragraph (1), an act that reduces the value of immovable property (不動産) or makes it difficult to deliver.
不動産の価格を減少させ、又は不動産の引渡しを困難にする行為
In Article 91, paragraph (1), a statutory lien (先取特権), pledge (質権) or mortgage (抵当権) securing the claim of a creditor who is to receive a distribution or payment (配当等).
A bill, cheque or other security for the payment of money that must be presented for acceptance or payment, or have payment demanded on it, within a period set for exercising the rights under it.
In Article 39, paragraph (1), item (iv) and Article 167-2, paragraph (1), item (iv), an electronic record (電子調書) as Article 160, paragraph (1) of the Code of Civil Procedure defines it: an electronic or magnetic record (電磁的記録) a court clerk (裁判所書記官) prepares to record and certify the form, content and course of proceedings on or outside a court date (期日).
民事訴訟法第百六十条第一項に規定する電子調書
Judicial enforcement (強制執行) against immovable property (不動産), not counting fixtures on land that cannot be registered, carried out by compulsory auction (強制競売), forced administration (強制管理), or both.
次順位買受けの申出
An offer, made to the court enforcement officer (執行官) before the sale ends by the person who made the second-highest offer to buy, that the sale be permitted to them if the order permitting the sale to the highest bidder loses effect under Article 80, paragraph (1); it may be made only where their offer is at least the minimum purchase price (買受可能価額) and at least the highest offer less the guarantee.
差押え
In Article 87, paragraph (1), items (iii) and (iv), the seizure made by the first order commencing compulsory auction (強制競売の開始決定) of the immovable property.
最初の強制競売の開始決定に係る差押え
In enforcement against movables (動産執行), the proceeds of sale (売得金), money seized (差押金銭) and money paid on seized negotiable instruments (手形等).
An order of the enforcement court (執行裁判所), on the attaching creditor's petition, appointing an administrator (管理人) to manage a seized claim that is hard to collect, for example because it is conditional, has a time limit, or depends on a counter-performance.
譲渡命令等
In Article 167-10, paragraph (1), a transfer order (譲渡命令), sale order (売却命令), administration order (管理命令) or other order under Article 161, paragraph (1) for turning a seized claim into money by a suitable method.
In Article 167-10, an assignment order (転付命令), a transfer order, etc. (譲渡命令等) or a statutory deposit order (供託命令) for a monetary claim seized by a court clerk's disposition, which the attaching creditor can seek only by petitioning the enforcement court to move the case to enforcement against a claim (債権執行).
営業秘密
Production methods, sales methods or other technical or business information useful for business activities that is kept under control as a secret and is not publicly known.
不正競争防止法第二条第六項に規定する営業秘密
The Civil Enforcement Act (Act No. 4 of 1979) as amended by Article 3 of Act No. 20 of 2018, in whose supplementary provisions (附則) the name is used.
In Article 160, paragraph (1) of the Code of Civil Procedure as Article 20 and Appended Table 1 (別表第一) apply it to civil enforcement proceedings, an electronic or magnetic record (電磁的記録) a court clerk (裁判所書記官) prepares under that Code or other laws and regulations to record and certify the form, content and course of proceedings on or outside a court date (期日); the table reads that wording as a written record (調書) instead.
期日又は期日外における手続の方式、内容及び経過等の記録及び公証をするためにこの法律その他の法令の規定により裁判所書記官が作成する電磁的記録
発令裁判所
In Article 15, paragraph (1), the court that ordered the security to be provided.
In Article 18-2, paragraph (1), item (v), Article 39, paragraph (1), items (iv) and (iv)-2 and Article 167-2, paragraph (1), item (iv), an electronic or magnetic record (電磁的記録) a court clerk (裁判所書記官) prepares under Article 160, paragraph (1) of the Code of Civil Procedure (including as other laws and regulations apply it) or other laws and regulations to record and certify the form, content and course of proceedings on or outside a court date (期日).
期日又は期日外における手続の方式、内容及び経過等の記録及び公証をするために民事訴訟法第百六十条第一項（他の法令において準用する場合を含む。）その他の法令の規定により裁判所書記官が作成する電磁的記録
In Article 19-2, paragraph (4), signing, writing one's name, affixing a seal or otherwise putting a person's or organization's name on a document or other tangible medium (書面等).
署名、記名、押印その他氏名又は名称を書面等に記載すること
A member of an organized crime group as defined in Article 2(vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members.
In Article 68-2, paragraph (2), the price, not less than the minimum purchase price (買受可能価額), that an attaching creditor (差押債権者) petitioning for a provisional order against acts that hinder a sale must name, offering to buy the property at that price if no offer reaches it at the next sale by tender or auction, and providing a guarantee of that amount.
提示等
Presenting a negotiable instrument for acceptance or payment, or demanding payment on it.
価格減少行為
An act that reduces, or is likely to reduce, the price of immovable property (不動産), as Article 55, paragraph (1) defines it.
第五十五条第一項に規定する価格減少行為
その他の財産権
In Article 193, paragraph (1), a claim as Article 143 defines it or a property right as Article 167, paragraph (1) defines it — the things whose security interests that paragraph lets be enforced.
In Article 207, paragraph (1), item (i), a bank, a credit union (信用金庫), a labour bank (労働金庫), a credit cooperative (信用協同組合), an agricultural cooperative (農業協同組合), a fishery cooperative (漁業協同組合) or a fishery processing cooperative (水産加工業協同組合), or a federation of any of these, the Norinchukin Bank (農林中央金庫), the Shoko Chukin Bank (株式会社商工組合中央金庫) or the Organization for Postal Savings, Postal Life Insurance and Post Office Network.
銀行、信用金庫、信用金庫連合会、労働金庫、労働金庫連合会、信用協同組合、信用協同組合連合会、農業協同組合、農業協同組合連合会、漁業協同組合、漁業協同組合連合会、水産加工業協同組合、水産加工業協同組合連合会、農林中央金庫、株式会社商工組合中央金庫又は独立行政法人郵便貯金簡易生命保険管理・郵便局ネットワーク支援機構
In Article 207, paragraph (1), item (ii), a book-entry transfer institution (振替機関) or an account management institution (口座管理機関), as Article 2, paragraph (5) of the Act on Book-Entry Transfer of Corporate Bonds and Shares defines the term.
社債、株式等の振替に関する法律第二条第五項に規定する振替機関等
The date Act No. 88 of 2004, the amending Act these supplementary provisions (附則) belong to, comes into effect.
The date Act No. 154 of 2004, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name for the Act Partially Amending the Civil Execution Act and the Act for Implementation of the Convention on the Civil Aspects of International Child Abduction (Act No. 2 of 2019), used in the wording that Article 3, paragraph (2) of that Act's supplementary provisions (附則) gives Article 155, paragraphs (5) and (6) where a seized monetary claim (金銭債権) became collectable before that Act came into effect.
電子判決書
In Article 252, paragraph (1) of the Code of Civil Procedure as Article 21-2 and Appended Table 2 (別表第二) apply it to enforcement-related actions in a family court (家庭裁判所における執行関係訴訟手続), the electronic or magnetic record (電磁的記録) a court creates when it renders a judgment, recording the main text (主文), facts, reasons and other matters; the table reads that wording as a written judgment (判決書) stating them instead.
In Article 160, paragraph (1) of the Code of Civil Procedure as Article 21-2 and Appended Table 2 (別表第二) apply it to enforcement-related actions in a family court (家庭裁判所における執行関係訴訟手続), an electronic or magnetic record (電磁的記録) a court clerk (裁判所書記官) prepares under that Code or other laws and regulations to record and certify the form, content and course of proceedings on or outside a court date (期日); the table reads that wording as a written record (調書) instead.
期日又は期日外における手続の方式、内容及び経過等の記録及び公証をするためにこの法律その他の法令の規定により裁判所書記官が作成する電磁的記録