Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条（施行期日）
This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
この法律は、公布の日から起算して一年を超えない範囲内において政令で定める日から施行する。
Supplementary Provisions, Article 2Abolition of the Personal Status Litigation Procedure Act
第二条（人事訴訟手続法の廃止）
The Personal Status Litigation Procedure Act (Act No. 13 of 1898) is abolished.
人事訴訟手続法（明治三十一年法律第十三号）は、廃止する。
Supplementary Provisions, Article 3Principles of Transitional Measures
第三条（経過措置の原則）
The provisions of this Act (hereinafter referred to as the "New Act") (excluding penal provisions) also apply to matters that arose before the New Act comes into force, except as otherwise specifically provided in these Supplementary Provisions; provided, however, that this does not preclude the effect that arose under the provisions of the Personal Status Litigation Procedure Act before its abolition under the provisions of the preceding Article.
この法律（以下「新法」という。）の規定（罰則を除く。）は、この附則に特別の定めがある場合を除き、新法の施行前に生じた事項にも適用する。ただし、前条の規定による廃止前の人事訴訟手続法の規定により生じた効力を妨げない。
Supplementary Provisions, Article 4Transitional Measures Concerning Jurisdiction, etc. over Personal Status Litigation
第四条（人事訴訟の管轄等に関する経過措置）
With regard to the jurisdiction over and transfer of personal status litigation that is pending at the time the New Act comes into force, the provisions then in force continue to govern, notwithstanding the provisions of Article 24, item (i) and Article 31-3, paragraph (1) of the Courts Act (Act No. 59 of 1947) as amended by Article 14 of the Supplementary Provisions and the provisions of Articles 4 through 7 and Article 31 of this Act.
新法の施行の際現に係属している人事訴訟の管轄及び移送に関しては、附則第十四条の規定による改正後の裁判所法（昭和二十二年法律第五十九号）第二十四条第一号及び第三十一条の三第一項の規定並びに第四条から第七条まで及び第三十一条の規定にかかわらず、なお従前の例による。
With regard to the jurisdiction over personal status litigation concerning a claim whose purpose is to change the status of, or to obtain a declaratory judgment as to whether there exists, the same familial relationship as the subject of personal status litigation that is pending at the time the New Act comes into force, the provisions then in force continue to govern even after the New Act comes into force.
With regard to the jurisdiction over a case concerning an order for provisional remedies that is pending at the time the New Act comes into force, the provisions then in force continue to govern, notwithstanding Article 30.
Supplementary Provisions, Article 5Transitional Measures Concerning Capacity to Sue or Be Sued, etc. in Personal Status Litigation
第五条（人事訴訟における訴訟能力等に関する経過措置）
With regard to the appointment of counsel upon petition by a person with limited capacity to engage in procedural acts in personal status litigation that is pending at the time the New Act comes into force, the provisions then in force continue to govern, notwithstanding Article 13, paragraph (2).
With regard to litigation concerning a personal status action in which an adult ward is the plaintiff or defendant that was filed before the New Act comes into force, the provisions then in force continue to govern, notwithstanding Article 14.
Supplementary Provisions, Article 6Transitional Measures Concerning the Filing of Personal Status Actions After a Judgment Becomes Final and Binding
第六条（判決確定後の人事に関する訴えの提起に関する経過措置）
With regard to the filing of a personal status action concerning the same familial relationship after a judgment on personal status litigation in which the oral arguments were concluded before the New Act comes into force has become final and binding, the provisions then in force continue to govern, notwithstanding Article 25.
Supplementary Provisions, Article 7Transitional Measures Concerning the Application of the Code of Civil Procedure
第七条（民事訴訟法の適用関係に関する経過措置）
The provisions of Article 29 do not apply to procedures for personal status litigation that is pending at the time the New Act comes into force.
Supplementary Provisions, Article 8Transitional Measures Concerning Examination of the Facts and Securing Performance Relating to Ancillary Dispositions, etc.
第八条（附帯処分等に係る事実の調査及び履行の確保に関する経過措置）
The provisions of Chapter II, Section 2 (excluding Article 32) and Section 4 do not apply to litigation concerning an action to rescind a marriage or an action for divorce that is pending at the time the New Act comes into force.
Supplementary Provisions, Article 9Transitional Measures Concerning Substitution in Court Proceedings in Litigation Concerning an Action to Rebut the Presumption of Legitimacy
第九条（嫡出否認の訴えに係る訴訟における訴訟手続の受継に関する経過措置）
With regard to the substitution in court proceedings where a husband dies before the New Act comes into force in litigation concerning an action to rebut the presumption of legitimacy that is pending at the time the New Act comes into force, the provisions then in force continue to govern, notwithstanding Article 41, paragraph (2).
Supplementary Provisions, Article 10Transitional Measures Concerning Substitution in Court Proceedings in Litigation Concerning an Action for Filiation
第十条（認知の訴えに係る訴訟における訴訟手続の受継に関する経過措置）
With regard to the application of Article 42, paragraph (3) where a child dies before the New Act comes into force in litigation concerning an action for filiation that is pending at the time the New Act comes into force, the phrase "the day on which the child died" in that paragraph is deemed to be replaced with "the day on which this Act comes into force".
新法の施行の際現に係属している認知の訴えに係る訴訟における新法の施行前に子が死亡した場合の第四十二条第三項の規定の適用については、同項中「子の死亡の日」とあるのは、「この法律の施行の日」とする。
Supplementary Provisions, Article 11Transitional Measures Concerning the Application of Penal Provisions
第十一条（罰則の適用に関する経過措置）
The provisions then in force continue to govern the applicability of penal provisions to conduct in which a person engages before the New Act comes into force.
新法の施行前にした行為に対する罰則の適用については、なお従前の例による。
personal status action
「人事に関する訴え」
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 set inArticle 2, paragraph (1)
personal status litigation
「人事訴訟」
Litigation on a personal status action (人事に関する訴え): 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 nullify or rescind an adoption, or an action to confirm whether a marital, parent-child or adoptive relationship exists.
Defined inArticle 2, paragraph (1)· applies throughout the law
the New Actmachine translation
「新法」
In the supplementary provisions (附則) of the Personal Status Litigation Act (Act No. 109 of 2003), that Act itself, as distinct from the earlier 1898 law on personal status proceedings (人事訴訟手続法, Act No. 13 of 1898) that Article 2 of those provisions repealed.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
litigation representative
訴訟代理人
A person who carries on a lawsuit on behalf of a party. Apart from an agent whom a law or regulation allows to act in court, only an attorney (弁護士) may be one, though in a summary court (簡易裁判所) the court may permit someone who is not an attorney to be one, and may revoke that permission at any time (Code of Civil Procedure, Article 54). In the case entrusted to them, a litigation representative may carry out the procedural acts for a counterclaim (反訴), a third party joining the suit (参加) (Articles 42 and 47), compulsory execution (強制執行), and the provisional seizure (仮差押え) and provisional disposition (仮処分) that preserve a right sued on, or set a provisional position, in a civil lawsuit (Civil Provisional Remedies Act, Article 1), and may receive payment (Code of Civil Procedure, Article 55, paragraph (1)), but needs special authority to file a counterclaim, withdraw the action, settle, give up the party's claim or accept the other side's (請求の放棄又は認諾), file an appeal to the court of second instance (控訴), a final appeal (上告) or a petition to the Supreme Court to accept a final appeal, or withdraw any of these, and appoint a representative, among others (paragraph (2)); their authority cannot be restricted, unless they are not an attorney (paragraph (3)). Where there are several, each represents the party alone, and an arrangement by the party to the contrary has no effect (Article 56); a statement of fact a litigation representative makes has no effect if the party at once retracts or corrects it (Article 57). The authority does not end because the party dies or loses the capacity to sue or be sued, a corporate party ceases to exist by merger, or the party's legal representative (法定代理人) dies or loses their authority, among other events (Article 58, paragraph (1)). Where the authority is lacking, the court must order it put right within a set period, an act done without it takes effect from the time it was done once ratified, and the authority's ending has no effect until the party or the representative notifies the other party (Article 59, applying Article 34, paragraphs (1) and (2), and Article 36, paragraph (1)). A litigation representative entrusted with a case, other than one acting with a summary court's permission, must as a rule make filings in it through the courts' electronic system, and must register to be served (送達) through it (Article 132-11, paragraphs (1) and (2)).
Written by AI using Code of Civil Procedure, Arts. 34, 36, 42, 47, 54 to 59, 132-11 and Civil Provisional Remedies Act, Art. 1 as a reference.
oral argument
口頭弁論
The hearing at which the parties to a civil lawsuit or another court proceeding put their case to the court by speaking: the parties must argue a lawsuit before the court in oral argument, though in a case to be concluded by a ruling (決定) the court decides whether to hold one (Code of Civil Procedure, Article 87, paragraph (1)), and the rule gives way where a provision says otherwise (paragraph (3)): the court may, for one, dismiss without oral argument an action that is unlawful and cannot be put right (Article 140). The presiding judge directs it (Article 148, paragraph (1)), it must as a rule be prepared in writing, in briefs (準備書面) (Article 161, paragraph (1)), though not in a summary court (簡易裁判所) (Article 276, paragraph (1)), and where the court finds it appropriate it may, after hearing the parties, hold it by a video link, a party who takes part that way being treated as having appeared (Article 87-2, paragraphs (1) and (3)). If a plaintiff or defendant does not appear on the first date for oral argument, or appears but does not argue the merits, the court may treat what their complaint, written answer or other briefs say as stated and have the other party argue (Article 158); a party who does not make clear that they dispute a fact the other party alleges is deemed to admit it, unless the argument as a whole shows they disputed it (Article 159, paragraph (1)), and so is a party who does not appear, unless they were summoned by service by publication (公示送達) (paragraph (3)). If both parties fail to appear on a date for oral argument, or leave without arguing, and neither asks for a new date within one month, the action is deemed withdrawn, as it is when that happens on two dates in a row (Article 263). The judgment is given by the judges who took part in the oral argument it rests on (Article 249, paragraph (1)), as a rule within two months of the day oral argument concludes (Article 251, paragraph (1)). The court clerk makes an electronic record (電子調書) of each date (Article 160, paragraph (1)), and a breach of the rules that oral argument be public is a ground for a final appeal (上告) (Article 312, paragraph (2), item (v)).
Written by AI using Code of Civil Procedure, Arts. 87, 87-2, 140, 148, 158 to 161, 249, 251, 263, 276, 312 as a reference.