第八百四十三条（合併又は会社分割の無効判決の効力）
Article 843Effects of a Judgment of Invalidation of a Merger or Company Split
次の各号に掲げる行為の無効の訴えに係る請求を認容する判決が確定したときは、当該行為をした会社は、当該行為の効力が生じた日後に当該各号に定める会社が負担した債務について、連帯して弁済する責任を負う。
When a judgment upholding a claim relating to an action seeking invalidation of any one of the acts set forth in the following items becomes final and binding, the company that carried out relevant act is liable jointly and severally to perform the obligations assumed by the companies specified respectively in those items after the day on which relevant act became effective:
absorption-type merger:the company surviving the absorption-type merger;
consolidation-type merger:the company that is incorporated in the consolidation-type merger;
absorption-type company split:the company succeeding to all or part of the rights and obligations held by the company effecting the absorption-type company split in connection with its business by transfer from relevant company; or
incorporation-type company split:the company that is incorporated in the incorporation-type company split.
前項に規定する場合には、同項各号に掲げる行為の効力が生じた日後に当該各号に定める会社が取得した財産は、当該行為をした会社の共有に属する。ただし、同項第四号に掲げる行為を一の会社がした場合には、同号に定める会社が取得した財産は、当該行為をした一の会社に属する。
In the cases prescribed in the preceding paragraph, the property acquired, after the day on which the acts set forth in the items of that paragraph became effective, by the companies specified respectively in those items is co-owned by the companies that carried out relevant acts;provided, however, that if the act set forth in item (iv) of that paragraph has been carried out by a single company, the property acquired by the company specified in that item is owned by the single company that carried out relevant act.
In the cases prescribed in paragraph (1) and the main clause of the preceding paragraph, each company's portion of the obligations to be assumed referred to in paragraph (1) and share of co-ownership of property referred to in the main clause of the preceding paragraph are decided through discussion among the companies.
各会社の第一項の債務の負担部分又は第二項本文の財産の共有持分について、前項の協議が調わないときは、裁判所は、各会社の申立てにより、第一項各号に掲げる行為の効力が生じた時における各会社の財産の額その他一切の事情を考慮して、これを定める。
If no agreement is reached in the discussion set forth in the preceding paragraph with regard to each company's portion of the obligations to be assumed referred to in paragraph (1) and share of co-ownership of property set forth in the main clause of the preceding paragraph, the court comes to a decision, in response to a petition by the companies, by taking into account the amount of property of each company as of the time the act set forth in any one of the items of paragraph (1) became effective and all other circumstances.