This Act comes into effect as of January 1, 1948.

Act No. 37 of 1902 is repealed.

In these Supplementary Provisions, the "New Act" means the Civil Code as amended by this Act, the "Former Act" means the Civil Code as it previously stood, and the "Emergency Measures Act" means Act No. 74 of 1947.

Except where otherwise provided, the New Act also applies to matters that arose before the New Act came into effect; provided, however, that this does not preclude effects that arose under the Former Act and the Emergency Measures Act.

An act done by a wife before the Emergency Measures Act came into effect in violation of the provisions of Article 14, paragraph (1) of the Former Act may not be rescinded.

Where a retirement of the head of a household effected before the Emergency Measures Act came into effect may be rescinded under the Former Act, it may still be rescinded under the Former Act. In this case, the provisions of Article 760 of the Former Act apply.

Where there was a loss of the authority of the head of a household through retirement or through a marriage by entry of a husband into the household before the Emergency Measures Act came into effect, the provisions of Article 761 of the Former Act still apply.

Even where a marriage contracted before the New Act came into effect may be cancelled under the Former Act, if the matter constituting the ground for cancellation is not provided for in the New Act, that marriage may not be cancelled.

The period referred to in Article 747, paragraph (2) of the New Act as applied mutatis mutandis pursuant to Article 764 of the New Act is counted from the day the New Act comes into effect, in the case where the party discovered the fraud or escaped from the duress before the New Act came into effect.

①A party to a divorce that took place after The Constitution of Japan came into effect and before the New Act came into effect may ask the other party to effectuate a division of property in accordance with the provisions of Article 768 of the New Act.

②The provisions of the preceding paragraph apply mutatis mutandis to the cancellation of a marriage.

①With regard to a request for divorce based on facts that arose before the New Act came into effect, the provisions then in force continue to govern.

②The provisions of Article 770, paragraph (2) of the New Act apply mutatis mutandis to the case referred to in the preceding paragraph.

If, before the Emergency Measures Act came into effect, a minor child entered the house of the father or mother pursuant to the provisions of Article 737 or Article 738 of the Former Act, that child may revert to the former surname within one year from the time of attaining the age of majority. The same applies within one year after the New Act came into effect, where that child attained the age of majority before the New Act came into effect.

The provisions of Article 8, Article 9 and Article 11 of these Supplementary Provisions apply mutatis mutandis to adoption.

①If, at the time the New Act comes into effect, parents who are not married to each other are in fact jointly exercising parental authority over a minor child, they continue to jointly exercise parental authority after the New Act comes into effect; provided, however, that the parents may, by agreement, determine one of them to be the person with parental authority.

②If the agreement referred to in the proviso of the preceding paragraph is not reached, or if discussions cannot be held, the family affairs tribunal may, at the request of the father or mother, make an adjudication in lieu of the agreement.

③The provisions of Article 819, paragraph (6) of the New Act apply mutatis mutandis where a person with parental authority has been determined pursuant to the proviso of paragraph (1) or the preceding paragraph.

An act that a mother exercising parental authority did, or to which she gave consent, in violation of the provisions of Article 886 of the Former Act before the Emergency Measures Act came into effect may not be rescinded.

The provisions of Article 21 of these Supplementary Provisions apply mutatis mutandis to a stepfather, a stepmother or the legal wife of the father who exercised parental authority before the Emergency Measures Act came into effect.

With regard to a claim that arose before the New Act came into effect between a member of the family council and a child subject to parental authority concerning the management of property, the provisions of Article 894 of the Former Act still apply.

If, before the New Act came into effect, a mother resigned from the management of the child's property under the provisions of the Former Act, and guardianship has not yet commenced for that child at the time the New Act comes into effect, that resignation ceases to be effective after the New Act comes into effect.

If, at the time the New Act comes into effect, one parent is in fact the guardian under the provisions of Article 902 of the Former Act, or there is a guardian appointed under the provisions of Article 904 of the Former Act, that guardian does not automatically lose that position by reason of the New Act coming into effect; provided, however, that if the guardianship ends upon the New Act coming into effect, or if there is a statutory guardian under the New Act, the guardian automatically loses that position.

The provisions of the preceding Article apply mutatis mutandis to a guardian's supervisor and a curator.

An act that a guardian did, or to which the guardian gave consent, in violation of the provisions of Article 929 of the Former Act before the New Act came into effect may still be rescinded under the Former Act.

The provisions of Article 17 of these Supplementary Provisions apply mutatis mutandis between a member of the family council and a ward or a quasi-incompetent person.

①With regard to an objection to a resolution of the family council made before the New Act came into effect, the Former Act still applies.

②Even where a judgment rescinding a resolution of the family council has become final pursuant to the provisions of the preceding paragraph, a new resolution by the family council is not permitted.

With regard to a judgment rendered before the New Act came into effect concerning support, the provisions of Article 880 of the New Act apply mutatis mutandis.

①With regard to a succession that opened before the Emergency Measures Act came into effect, the Former Act still applies, except in the case referred to in paragraph (2).

②If succession to the headship of a house opened before the Emergency Measures Act came into effect, and a successor to the headship must be selected under the Former Act after the New Act comes into effect, the New Act applies to that succession; provided, however, that if the opening of that succession is due to the cancellation of a marriage by entry of a husband, the divorce of a husband who entered the household, or the annulment of an adoption, that succession is deemed not to have opened with respect to succession to property, and the provisions of Article 28 of these Supplementary Provisions apply mutatis mutandis.

①If the head of a household at the time the Emergency Measures Act came into effect is a person who entered from another house through marriage or adoption, the stepchild attached to that house has, with respect to a succession that opens after the New Act comes into effect, the same rights and duties as a child in wedlock.

②If succession has opened, after the Emergency Measures Act came into effect and before the New Act came into effect, with respect to the person who was the head of the household referred to in the preceding paragraph, the stepchild referred to in the preceding paragraph may demand that the heirs distribute part of the estate. In this case, the provisions of Article 27, paragraphs (2) and (3) of these Supplementary Provisions apply mutatis mutandis.

③The provisions of the preceding two paragraphs do not apply if the person who was the head of the household referred to in paragraph (1) has changed surname after the Emergency Measures Act came into effect through the cancellation of a marriage or divorce, or the annulment of an adoption or dissolution of the adoptive relationship.

①Except in the case under the main clause of Article 25, paragraph (2) of these Supplementary Provisions, if succession to headship due to the death of the head of a household opens on or after the date of promulgation of The Constitution of Japan, a person who would have become a coheir under the New Act may demand that the successor to the headship distribute part of the estate.

②If an agreement is not reached between the parties concerning distribution of the estate under the provisions of the preceding paragraph, or if discussions cannot be held, a party may request a disposition in lieu of discussions from the family affairs tribunal; provided, however, that this does not apply once one year has passed from the date the New Act comes into effect.

③In the case referred to in the preceding paragraph, the family affairs tribunal determines whether a distribution is to be made and the amount and method of the distribution, in consideration of the condition of the estate, the number and financial resources of the persons receiving the distribution, whether they received property by an act of the decedent during the decedent's lifetime or by will, and all other circumstances.

If the person who was the head of the household at the time the Emergency Measures Act came into effect changes surname after the Emergency Measures Act came into effect through the cancellation of a marriage or divorce, or the annulment of an adoption or dissolution of the adoptive relationship, the spouse or adoptive parent, or, if there is no spouse or adoptive parent, the heirs thereof under the New Act, may demand from that person distribution of part of the property. In this case, the provisions of paragraphs (2) and (3) of the preceding Article apply mutatis mutandis.

If a presumptive successor to the headship of a house or presumptive heir to an estate has been disinherited pursuant to the provisions of Article 975, paragraph (1), item (i) or Article 998 of the Former Act, that person is deemed, for the purposes of the application of the New Act, to have been disinherited pursuant to the provisions of Article 892 of the New Act.

A disposition made with respect to the administration of the estate pursuant to the provisions of Article 978 of the Former Act (including as applied mutatis mutandis pursuant to Article 1000 of the Former Act) is deemed, where the succession is governed by the New Act pursuant to the main clause of Article 25, paragraph (2) of these Supplementary Provisions, to be a disposition made pursuant to the provisions of Article 895 of the New Act.

Property gifted before the Emergency Measures Act came into effect for the establishment of a branch family or the revival of an extinct family is deemed, for the purposes of the application of the provisions of Article 903 of the New Act, to be property gifted as capital for livelihood.

The provisions of Article 906 and Article 907 of the New Act apply mutatis mutandis where the Former Act applies with respect to succession to an estate pursuant to the provisions of Article 25, paragraph (1) of these Supplementary Provisions.

①With regard to a will made before the New Act came into effect in accordance with the provisions of Article 1079, paragraph (1) of the Former Act, for which confirmation under the provisions of paragraph (2) of that Article has not been obtained, the provisions of Article 979, paragraphs (2) and (3) of the New Act apply mutatis mutandis.

②The same as in the preceding paragraph applies to a will made before the New Act came into effect, in the event of distress of a vessel belonging to the Navy, in accordance with Article 1079, paragraph (1) of the Former Act as applied mutatis mutandis pursuant to Article 1081 of the Former Act, for which confirmation under the provisions of paragraph (2) of that Article has not been obtained.