Article 52-2Effect of Seizure of Property with Provisional Registration for Security
第五十二条の二(担保のための仮登記がある財産に対する差押えの効力)
The provisions of Article 15 (Security Provisional Registration in Cases of Compulsory Auction, etc.) of the Act on Contract for Establishment of Security Interests by Use of Provisional Registration (including as applied mutatis mutandis pursuant to Article 20 (Application Mutatis Mutandis to Contracts Concerning Rights Other Than Ownership of Land, etc.) of that Act) apply mutatis mutandis to the case where property with a provisional registration for security has been seized. In this case, the phrase "that decision" in Article 15 of that Act is deemed to be replaced with "that seizure", and the phrase "is based on a petition" is deemed to be replaced with "is one".
仮登記担保契約に関する法律第十五条(強制競売等の場合の担保仮登記)(同法第二十条(土地等の所有権以外の権利を目的とする契約への準用)において準用する場合を含む。)の規定は、担保のための仮登記がある財産が差し押さえられた場合について準用する。この場合において、同法第十五条中「その決定」とあるのは「その差押え」と、「申立てに基づく」とあるのは「ものである」と読み替えるものとする。
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provisional registration for securitymachine translation
「担保のための仮登記」
A provisional registration (仮登記) or provisional recording (仮登録) based on a provisional registration security contract (仮登記担保契約) as Article 1 of the Act on Contract for Establishment of Security Interests by Use of Provisional Registration defines it.
Short name set inArticle 23, paragraph (1)
registration
登記
Entry in a public register kept by a registry office (登記所) — a Legal Affairs Bureau or one of its branch offices — so that the matter is made public (Real Property Registration Act, Articles 1 and 6, paragraph (1)). Rights in land and buildings, such as ownership, a superficies (地上権), a statutory lien (先取特権), a mortgage and a right of lease (賃借権), can be registered under that Act (Article 3), and matters the Commercial Code, the Companies Act and other Acts require to be registered are registered under the Commercial Registration Act (Article 1). Registration also lets a right be asserted against third parties: acquiring, losing or changing a right in rem (物権) in land or a building, such as ownership, cannot be asserted against third parties until it is registered (Civil Code, Article 177), and a matter the Companies Act requires to be registered cannot be asserted against a third party who does not know of it until it has been registered, nor, even after that, against one who had a justifiable reason for not knowing of the registration (Companies Act, Article 908, paragraph (1)).
Written by AI using Real Property Registration Act, Arts. 1, 3, 6, Commercial Registration Act, Art. 1, Civil Code, Art. 177 and Companies Act, Art. 908 as a reference.