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. 72 terms: 22 with the Ministry of Justice's English, 50 in our translation, marked as such.
A provisional order the family court hearing a domestic relations case makes by ruling (審判) before it decides the case — a provisional seizure (仮差押え), a provisional disposition (仮処分), the appointment of an administrator of property or another necessary measure under Article 105, paragraph (1) — or the judicial decision a high court makes in its place when the case is before that court.
前条第一項の審判及び同条第二項の審判に代わる裁判
A case of adjudication of domestic relations (家事審判) or of mediation of domestic relations (家事調停): the family matters whose procedure this Act governs.
In Articles 164 and 164-2, the family court's confirmation that a child who is to be adopted meets the requirement of Article 817-6 of the Civil Code (the consent of the child's parents, with its exceptions) and that care of the child by the parents is extremely difficult or inappropriate or there are other special circumstances, as Article 817-7 of that Code describes.
養子となるべき者について民法第八百十七条の六に定める要件があること及び同法第八百十七条の七に規定する父母による養子となる者の監護が著しく困難又は不適当であることその他特別の事情がある場合に該当することについての確認
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).
手続行為
An act a person performs in the proceedings of a domestic relations case (家事事件).
In the section on voluntary guardianship cases, the principal (本人) as Article 2, item (ii) of the Act on the Voluntary Guardianship Contract defines it: the person who entrusts their affairs to another under a voluntary guardianship contract (任意後見契約).
合意に相当する審判
A ruling (審判) to the effect the parties have agreed on, which the family court may make in mediation of domestic relations (家事調停) of a matter on which an action concerning personal status (人事に関する訴え) other than divorce or dissolution of an adoption could be brought, where the parties agree to accept such a ruling and do not dispute its grounds, and the court, having examined the facts, finds the agreement proper.
Mail (郵便物), or a correspondence item (信書便物) as Article 2, paragraph (3) of the Act on Correspondence Delivery by Private Business Operators defines it, addressed to an adult ward (成年被後見人).
Short name for the Act on the Voluntary Guardianship Contract (Act No. 150 of 1999).
The written petition a person must submit to the family court to ask it for an adjudication of domestic relations (家事審判).
申立て等
A petition (申立て) or other statement (申述) made in the proceedings of a domestic relations case (家事事件).
利害関係参加人
A person who has joined proceedings for adjudication of domestic relations (家事審判) under Article 42, paragraphs (1) to (3) — as a person who is to be subject to the ruling, or, with the family court's permission or by its order, as a person directly affected by its outcome or qualified to be a party — and who may then perform most of the procedural acts a party can.
家庭裁判所が選任した管理人
In Article 146, paragraphs (4) and (6), Article 146-2 and Article 147, an administrator of an absentee's (不在者) property whom the family court appointed under Article 25, paragraph (1) of the Civil Code, or appointed as a replacement under Article 26 of that Code or Article 146, paragraph (1).
In the original supplementary provisions (附則) of the Domestic Relations Case Procedure Act, that Act itself (Act No. 52 of 2011).
手続費用
The costs of proceedings: the costs of adjudication of domestic relations (審判費用) and the costs of mediation (調停費用), which as a rule each person bears for themselves.
家事審判に関する手続の費用（以下「審判費用」という。）及び家事調停に関する手続の費用（以下「調停費用」という。）
The costs of proceedings for mediation of domestic relations (家事調停).
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.
In Article 125, an administrator the family court appointed in a case on a disposition concerning the management of property a third party gave to an adult ward (成年被後見人), including one appointed as a replacement.
後見命令の審判
A ruling (審判) ordering that, until the ruling on a petition for commencement of guardianship (後見開始) takes effect, the person who would become an adult ward (成年被後見人) be under the guardianship of the provisional administrator of property (財産の管理者) for acts concerning property, made where this is especially needed to preserve that person's property.
In Article 134, the provisional administrator of property the family court appoints, under Article 126, paragraph (1) as Article 134, paragraph (1) applies it, while a petition for commencement of curatorship (保佐開始) is being decided.
In Article 143, the provisional administrator of property the family court appoints, under Article 126, paragraph (1) as Article 143, paragraph (1) applies it, while a petition for commencement of assistance (補助開始) is being decided.
In Article 194, a judicial decision ordering the heirs to convert all or part of an estate into cash, by auction or by private sale, which the family court makes where this is needed for its ruling on the division of the estate (遺産の分割).
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.
A case in which the family court decides whether to dissolve a special adoption (特別養子縁組), the matter in row 64 of Appended Table 1 (別表第一).
別表第一の六十四の項の事項についての審判事件
In Articles 97 and 98, an appeal to the Supreme Court against a high court's decision in an adjudication case, treated as filed once the high court permits it because the decision conflicts with Supreme Court precedent or otherwise involves an important question of interpreting laws and regulations.
A case in which the family court decides whether to commence curatorship (保佐開始) for a person, the matter in row 17 of Appended Table 1 (別表第一); it belongs to the family court for the domicile of the person who would come under curatorship.
別表第一の十七の項の事項についての審判事件
A case in which the family court decides whether to commence assistance (補助開始) — placing a person whose capacity to understand their own affairs is insufficient for a mental reason under an assistant (補助人) — a matter listed in Appended Table 1 (別表第一).
別表第一の三十六の項の事項についての審判事件
相続財産の清算人
In Articles 205 to 207, the liquidator of the inherited property (相続財産) whom the family court appointed under Article 952, paragraph (1) of the Civil Code where it is not clear whether there is an heir, or a replacement it appointed under the provisions Article 208 applies.
In Articles 255 and 256, the written petition a person must submit to the family court to ask for mediation of domestic relations (家事調停).
The family court that made a ruling (審判) imposing an obligation under Article 39, and any family court it has asked to do the work, which may examine whether the obligation is being performed and recommend that the obligor perform it, and may have a family court investigating officer (家庭裁判所調査官) do so.
This Act as amended by Article 2 of Act No. 20 of 2018.
A case in which the family court decides whether to give the confirmation of eligibility for a special adoption (特別養子適格の確認) under Article 164, paragraph (2): that a child who is to be adopted meets the Civil Code's requirements for a special adoption (特別養子縁組).
同条第二項に規定する特別養子適格の確認についての審判事件
The costs of proceedings for adjudication of domestic relations (家事審判).
A paper document, piece of writing, written material, transcript, extract, authenticated copy, duplicate or extra copy, or any other paper or tangible object bearing characters, figures or other information that people can perceive with their senses.
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っ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
A case in which the family court decides whether to commence guardianship (後見開始) for an adult, the matter in row 1 of Appended Table 1 (別表第一); it belongs to the family court for the domicile of the person who would become an adult ward (成年被後見人).
別表第一の一の項の事項についての審判事件
保佐命令の審判
A ruling (審判) ordering that, until the ruling on a petition for commencement of curatorship (保佐開始) takes effect, the person who would come under curatorship act on the acts concerning property listed in Article 13, paragraph (1) of the Civil Code only with the curatorship of the provisional administrator of property (財産の管理者), made where this is especially needed to preserve that person's property.
A ruling (審判) ordering that, until the ruling on a petition for commencement of assistance (補助開始) takes effect, the person who would come under assistance act on the acts concerning property covered by the petition to require an assistant's (補助人) consent only with the assistance of the provisional administrator of property (財産の管理者), made where this is especially needed to preserve that person's property.
In Article 146, paragraphs (4) and (5) and Article 147, the administrator of an absentee's (不在者) property: an administrator appointed by the family court (家庭裁判所が選任した管理人) or one the absentee had put in place.
家庭裁判所が選任した管理人及び不在者が置いた管理人
A case in which the family court decides how a deceased person's estate is to be divided among the heirs (遺産の分割), the matter in row 12 of Appended Table 2 (別表第二).
別表第二の十二の項の事項についての審判事件
This Act as amended by Article 3 of Act No. 72 of 2018.
This Act as amended by Article 4 of Act No. 24 of 2021.
A case in which the family court decides whether to confirm a will (遺言) made by a person in imminent danger of death or on a ship in distress, which does not take effect without that confirmation — the matter in row 102 of Appended Table 1 (別表第一).
同表の百二の項の事項についての審判事件
受命裁判官等
In Article 12, paragraph (6) and the proviso to Article 13, paragraph (3), an authorized judge (受命裁判官, a member of the court's panel given a task), a commissioned judge (受託裁判官, a judge of another court asked to do it), a judge on a mediation committee (調停委員会), or the single judge of a family court handling a domestic relations case (家事事件).
受命裁判官、受託裁判官、調停委員会を組織する裁判官又は家事事件を取り扱う家庭裁判所の一人の裁判官
利害関係参加人
A person who has joined proceedings for adjudication of domestic relations (家事審判) under Article 42, paragraphs (1) to (3) — as a person who is to be subject to the ruling, or, with the family court's permission or by its order, as a person directly affected by its outcome or qualified to be a party — and who may then perform most of the procedural acts a party can.
第四十二条第七項に規定する利害関係参加人
記録の閲覧等
In Article 289, paragraph (6), inspecting or copying the record of an adjudication case (家事審判事件), obtaining an authenticated copy, transcript or extract of it, or obtaining a certificate of matters concerning the case.
A case in which the family court decides whether to dismiss a guardian of an adult (成年後見人), the matter in row 5 of Appended Table 1 (別表第一).
別表第一の五の項の事項についての審判事件
A case in which the family court decides whether to dismiss a supervisor of a guardian of an adult (成年後見監督人), the matter in row 8 of Appended Table 1 (別表第一).
別表第一の八の項の事項についての審判事件
成年被後見人に宛てた郵便物等の配達の嘱託等の審判事件
A case in which the family court decides whether to ask a correspondence delivery business to deliver mail or correspondence items (郵便物等) addressed to an adult ward (成年被後見人) to the guardian of an adult (成年後見人) instead, or to revoke or change that request — the matter in row 12-2 of Appended Table 1 (別表第一).
A case in which the family court decides whether to dismiss a curator (保佐人), the matter in row 24 of Appended Table 1 (別表第一).
別表第一の二十四の項の事項についての審判事件
A case in which the family court decides whether to dismiss a supervisor of a curator (保佐監督人), the matter in row 28 of Appended Table 1 (別表第一).
別表第一の二十八の項の事項についての審判事件
A case in which the family court decides whether to dismiss an assistant (補助人), a matter listed in Appended Table 1 (別表第一).
別表第一の四十三の項の事項についての審判事件
A case in which the family court decides whether to dismiss a supervisor of an assistant (補助監督人), a matter listed in Appended Table 1 (別表第一).
別表第一の四十七の項の事項についての審判事件
A case in which the family court decides whether to make a declaration of presumed death (失踪の宣告) for an absentee (不在者), the matter in row 56 of Appended Table 1 (別表第一).
別表第一の五十六の項の事項についての審判事件
A case in which the family court decides whether to dismiss a guardian of a minor (未成年後見人), the matter in row 73 of Appended Table 1 (別表第一).
別表第一の七十三の項の事項についての審判事件
A case in which the family court decides whether to dismiss a supervisor of a guardian of a minor (未成年後見監督人), the matter in row 76 of Appended Table 1 (別表第一).
別表第一の七十六の項の事項についての審判事件
A case in which the family court decides whether to separate a deceased person's estate from the heir's own property (財産分離) at the request of the estate's creditors or legatees, or of the heir's creditors — the matter in row 96 of Appended Table 1 (別表第一).
別表第一の九十六の項の事項についての審判事件
An action through which a person seeks to form a personal status relationship (身分関係) or a declaration whether one exists, such as an action to nullify or rescind a marriage, an action for divorce, an action to rebut the presumption of legitimacy, an action for filiation, an action to dissolve an adoptive relationship, or an action to confirm whether a marital, parent-child or adoptive relationship exists.
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.
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.
In Article 5, paragraph (1) of the original supplementary provisions (附則) of the Domestic Relations Case Procedure Act, the supplementary provisions (附則) of the Act Partially Amending the Civil Code (Act No. 222 of 1947).
処遇事件
In Article 15 of the supplementary provisions (附則) of Act No. 47 of 2013, a treatment case (処遇事件) as defined in Article 3, paragraph (1) of the former medical treatment and supervision law (旧医療観察法, as those supplementary provisions call it), whose subject (対象者) is a person with a mental disorder (精神障害者).
In Article 15 of the supplementary provisions (附則) of Act No. 47 of 2013, a subject person (対象者) of a treatment case (処遇事件) as defined in Article 2, paragraph (3) of the former medical treatment and supervision law (旧医療観察法, as those supplementary provisions call it), who is a person with a mental disorder (精神障害者).
In Articles 14 and 15 of the supplementary provisions (附則) of Act No. 47 of 2013, a person with a mental disorder (精神障害者) as defined in Article 5 of the former Act (旧法) those supplementary provisions name.
未成年被後見人となるべき者等
In Article 3-9, a minor ward (未成年被後見人), or a person who is to become one, in a case for the appointment of a guardian of a minor, on whose domicile, residence or Japanese nationality the jurisdiction of the Japanese courts depends.
The capacity to perform procedural acts (手続行為) in the proceedings of a domestic relations case (家事事件) oneself, governed, like the capacity to be a party and legal representation, by the provisions of the Code of Civil Procedure that Article 17, paragraph (1) applies.
In Article 38, paragraph (4), signing, writing one's name, affixing a seal or otherwise putting a person's or organization's name on a paper document, etc. (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
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.
民法第四百六十六条の五第一項に規定する預貯金債権
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 for the 2022 Act amending the Penal Code and other laws (刑法等の一部を改正する法律, Act No. 67 of 2022).
Short name, used in the supplementary provisions (附則) of Act No. 28 of 2023, for the Special Criminal Act Attendant upon the Enforcement of the "Agreement Regarding the Status of United Nations Forces in Japan" (Act No. 151 of 1954).
Short name, used in the supplementary provisions (附則) of Act No. 28 of 2023, for the Special Criminal Act Attendant upon the Enforcement of the Protocol on the Exercise of Criminal Jurisdiction over United Nations Forces in Japan (Act No. 265 of 1953).
Short name, used in the supplementary provisions (附則) of Act No. 28 of 2023, for the Special Criminal Act Attendant upon the Enforcement of the "Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in Japan" (Act No. 138 of 1952).