Article 150Commissioning the Registration of a Seizure of a Claim Secured by a Statutory Lien
第百五十条(先取特権等によつて担保される債権の差押えの登記等の嘱託)
When an order of seizure against a claim secured by a registered statutory lien, pledge or mortgage has become effective, a court clerk must, upon petition, commission registration that that claim has been seized.
登記又は登録(以下「登記等」という。)のされた先取特権、質権又は抵当権によつて担保される債権に対する差押命令が効力を生じたときは、裁判所書記官は、申立てにより、その債権について差押えがされた旨の登記等を嘱託しなければならない。
Article 151Seizure of a Claim to Continuous Performance
第百五十一条(継続的給付の差押え)
The effects of a seizure against a claim for a compensation or any other continuous performance extend to the performance to be received after the seizure, not exceeding the amount of the claim and enforcement costs of the attaching obligee.
第百五十一条の二(扶養義務等に係る定期金債権を請求する場合の特例)
If the obligor has a claim for periodic payments with provisions on fixed due dates related to any of the following duties, if any part of the claim is in default, enforcement against a claim may be commenced even for the portion of that claim for periodic payments for which the fixed due date has yet to arrive, notwithstanding the provisions of Article 30, paragraph (1):
the duty of cooperation and mutual assistance between a husband and wife under Article 752 of the Civil Code;
民法第七百五十二条の規定による夫婦間の協力及び扶助の義務
duty of sharing the expenses arising from marriage under Article 760 of the Civil Code;
民法第七百六十条の規定による婚姻から生ずる費用の分担の義務
the obligation concerning the custody of a child under the provisions of Article 766 and Article 766-3 of the Civil Code (including as applied mutatis mutandis pursuant to Article 749, Article 771, and Article 788 of that Code); or
the duty to support under Article 877 through Article 880 of the Civil Code.
民法第八百七十七条から第八百八十条までの規定による扶養の義務
In enforcement against a claim that has been commenced pursuant to the provisions of the preceding paragraph, related to compensation or any other continuous performance it is possible to seize only the claim that becomes due after the arrival of the fixed due date of each claim for the periodic payments.
Article 152Seizure-Prohibited Claim
第百五十二条(差押禁止債権)
In the case of either of the following claims, the portion equivalent to three-quarters of the performance to be received when the claim is due (or, if the amount exceeds the amount specified by a Cabinet Order by taking into account an average household's necessary living expenses, the portion equivalent to the amount specified by a Cabinet Order) must not be seized:
次に掲げる債権については、その支払期に受けるべき給付の四分の三に相当する部分(その額が標準的な世帯の必要生計費を勘案して政令で定める額を超えるときは、政令で定める額に相当する部分)は、差し押さえてはならない。
a claim related to continuous performance that the obligor receives from a person other than the State or a local government for maintaining the obligor's daily living; or
債務者が国及び地方公共団体以外の者から生計を維持するために支給を受ける継続的給付に係る債権
a claim related to a compensation, wage, salary, retirement pension, bonus or any remuneration similar in nature.
給料、賃金、俸給、退職年金及び賞与並びにこれらの性質を有する給与に係る債権
In the case of a claim related to a retirement allowance or any remuneration similar in nature, the portion equivalent to three-quarters of its performance must not be seized.
退職手当及びその性質を有する給与に係る債権については、その給付の四分の三に相当する部分は、差し押さえてはならない。
To apply the provisions of the preceding two paragraphs in the case of enforcing a monetary claim (meaning a claim for payment of money; the same applies below) related to any of the duties stated in the items of paragraph (1) of the preceding Article, the term "three-quarters" in the preceding two paragraphs is deemed to be replaced with "a half."
Article 153Change in the Scope of Seizure-Prohibited Claims
第百五十三条(差押禁止債権の範囲の変更)
An enforcement court may, upon petition, order voiding all or part of an order of seizure or issue an order of seizure for the portion of a claim of which seizure is prohibited pursuant to the provisions of the preceding Article, taking into consideration the living conditions of the obligor and the obligee and any other circumstances.
When there has been a change in circumstances, an enforcement court may, upon petition, seize a claim for which an order of seizure had been voided pursuant to the provisions of the preceding paragraph or void all or part of an order of seizure under that paragraph.
When the petition referred to in either of the preceding two paragraphs has been filed, an enforcement court may, until a judicial decision on the petition becomes effective, issue an order against the third party obligor prohibiting payment or any other performance, while requiring or not requiring provision of security.
An appeal may be filed against an order to deny a petition for voiding an order of seizure under paragraph (1) or paragraph (2).
No appeal may be entered against an order under paragraph (3).
第三項の規定による決定に対しては、不服を申し立てることができない。
Article 154Distribution Demand
第百五十四条(配当要求)
An obligee having an authenticated copy of an enforceable title of obligation and an obligee who has proved by a document that the obligee has a statutory lien may make a distribution demand.
執行力のある債務名義の正本を有する債権者及び文書により先取特権を有することを証明した債権者は、配当要求をすることができる。
When the distribution demand referred to in the preceding paragraph has been made, a document stating that fact must be served on the third party obligor.
An appeal may be filed against a judicial decision to deny a distribution demand.
配当要求を却下する裁判に対しては、執行抗告をすることができる。
Article 155Collection of a Monetary Claim of an Attaching Obligee
第百五十五条(差押債権者の金銭債権の取立て)
An obligee who has a monetary claim seized may collect the claim when one week has passed from the day on which an order of seizure is served upon the obligor; provided, however, that they may not receive payment beyond the amount of the claim and enforcement costs of the attaching obligee.
Regarding the application of the provisions of the preceding paragraph, if a seized monetary claim is a claim stated in the items in Article 152, paragraph (1) or a claim under paragraph (2) of the Article (except if a monetary claim related to the obligation stated in the items of Article 151-2, paragraph (1) is included in a claim of the attaching obligee), "one week" in that paragraph is deemed to be replaced with "four weeks".
When an attaching obligee has received payment from a third party obligor, the obligee's claim and enforcement costs are deemed to have been performed to the extent of the amount that has been received.
An attaching obligee must, when the obligee has received the payment referred to in the preceding paragraph, immediately notify the enforcement court to that effect.
差押債権者は、前項の支払を受けたときは、直ちに、その旨を執行裁判所に届け出なければならない。
If two years have passed without receiving the payment of paragraph (3) from the date when it is permitted to collect a monetary claim pursuant to paragraph (1) (or the date when the notification is given last time if the notification is given under the preceding paragraph or this paragraph; the same applies in the following paragraph), an attaching obligee must notify the enforcement court that the obligee has not received the payment of that paragraph.
If an attaching obligee does not give notification under the preceding two paragraphs within four weeks after two years has passed from the date when it is permitted to collect a monetary claim pursuant to paragraph (1), the enforcement court may set aside the order of seizure.
If an attaching obligee gives notification under paragraph (4) (except for the notification that the obligee received payment of all of the seized monetary claim) or paragraph (5) within an inalterable period of one week after the attaching obligee is notified of a judicial decision to set aside the order of seizure pursuant to the preceding paragraph, the decision ceases to be effective.
If an attaching obligee gives notification to the enforcement court that the obligee does not receive the payment of paragraph (3) before a period under paragraph (5) has passed, regarding the application of the provisions of paragraph (5) and paragraph (6), it is deemed that the notification under paragraph (5) is given.
Article 156Statutory Deposit by a Third Party Obligor
第百五十六条(第三債務者の供託)
A third party obligor may make a statutory deposit of money equivalent to the total amount of the monetary claim subject to a seizure (limited to a monetary claim seized based on an order of seizure; the same applies in this Article and Article 161-2) to an official depository at the place of performance of the obligation.
A third party obligor must, by the time the obligor receives service of the complaint for the action prescribed in paragraph (1) of the following Article, make a statutory deposit, to an official depository at the place of performance of the obligation, of money equivalent to the total amount of the claim if the obligor has been served with an order of seizure, a disposition of seizure or an order of provisional seizure that has been issued beyond the unseized portion of the monetary claim subject to a seizure, or of money equivalent to the seized portion if the obligor has been served with a document stating that a distribution demand has been made.
A third party obligor, when the obligor has received service of a statutory deposit order prescribed in the provisions of Article 161-2, paragraph (1), must make a statutory deposit of money equivalent to the total amount of the claim subject to a seizure to an official depository at the place of performance of the obligation.
第三債務者は、第百六十一条の二第一項に規定する供託命令の送達を受けたときは、差押えに係る金銭債権の全額に相当する金銭を債務の履行地の供託所に供託しなければならない。
A third party obligor, when the obligor has made a statutory deposit under the preceding three paragraphs, must notify the enforcement court of the circumstances.
Article 157Suit for Collection
第百五十七条(取立訴訟)
When an attaching obligee has filed an action seeking performance of a seized claim (referred to as a "suit for collection" below) against a third party obligor, the court in charge of the case may, upon petition by the third party obligor, order any other obligee who has seized the claim by the time of the service of the complaint to intervene on the plaintiff's side as a co-litigants
The court may render the judicial decision referred to in the preceding paragraph without hearing oral arguments.
前項の裁判は、口頭弁論を経ないですることができる。
Effects of a judgment in a suit for collection extend even to any attaching obligees who had been ordered to intervene pursuant to the provisions of paragraph (1) but had failed to intervene.
When upholding the plaintiff's claim in a suit for collection against a third party obligor who is obligated to make a statutory deposit pursuant to the provisions of paragraph (2) or (3) of the preceding Article, the court in charge of the case must include a statement that the payment of money for the claim should be made by the method of a statutory deposit in the main text of the judgment.
When the plaintiff of the judgment prescribed in the preceding paragraph is to receive distribution or payment in judicial enforcement or an auction, a statutory deposit of money equivalent to the amount of the distribution or payment must be made.
Article 158Compensation of Damage to an Obligor
第百五十八条(債権者の損害賠償)
第百五十九条(転付命令)
An enforcement court may, upon petition by the attaching obligee, issue an order to assign the seized monetary claim to the attaching obligee at face value in lieu of payment (referred to as an "assignment order" below).
執行裁判所は、差押債権者の申立てにより、支払に代えて券面額で差し押さえられた金銭債権を差押債権者に転付する命令(以下「転付命令」という。)を発することができる。
An assignment order must be served upon the obligor and the third party obligor.
If, by the time an assignment order is served upon the third party obligor, another obligee carries out a seizure or a provisional seizure or makes a distribution demand in connection with the monetary claim subject to the assignment order, the assignment order does not become effective.
An appeal may be filed against an order on the petition referred to in paragraph (1).
第一項の申立てについての決定に対しては、執行抗告をすることができる。
An assignment order is not effective until it becomes final and binding.
転付命令は、確定しなければその効力を生じない。
With regards to the application of the provisions of the preceding paragraph if a seized monetary claim is a claim stated in the items of Article 152, paragraph (1) or a claim under paragraph (2) of the Article (excluding cases where a monetary claim related to the obligations stated in the items of Article 151-2, paragraph (1) is included in claims of the attaching obligee), the phrase "unless it becomes final and binding" in the paragraph is deemed to be replaced with "until it becomes final and binding, and four weeks have passed from the date when the order of seizure is served to an obligor".
If an appeal against an enforcement decision has been filed on the grounds that a document stated in Article 39, paragraph (1), item (vii) or (viii) was submitted after the issuance of an assignment order, the court of appeal must withhold the judicial decision on the appeal against an enforcement decision, except in the case of setting aside the assignment order on another ground.
転付命令が発せられた後に第三十九条第一項第七号又は第八号に掲げる文書を提出したことを理由として執行抗告がされたときは、抗告裁判所は、他の理由により転付命令を取り消す場合を除き、執行抗告についての裁判を留保しなければならない。