Supplementary Provisions

This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding 1 year from the date of promulgation.

The provisions of the Code of Civil Procedure, the Non-Contentious Case Procedures Act and the Civil Enforcement Act as amended by this Act (excluding penal provisions) also apply to matters that arose before this Act comes into effect, except where these Supplementary Provisions provide otherwise; provided, however, that this does not affect the effect that arose under the provisions of those Acts before their amendment by this Act.

①With regard to a civil enforcement case for which a petition was filed before this Act comes into effect, for the application of the provisions of the New Civil Enforcement Act to an enforcement measure or other act of the enforcement court under the provisions of the Civil Enforcement Act prior to the amendment by the provisions of Article 3 (hereinafter referred to as the "Former Civil Enforcement Act") taken before this Act comes into effect, which under the provisions of the Civil Enforcement Act as amended by the provisions of that Article (hereinafter referred to as the "New Civil Enforcement Act") is to be done by the court clerk, it is deemed to be a disposition or other act of the court clerk taken under the corresponding provisions of the New Civil Enforcement Act.

②With regard to a petition for review against an enforcement measure or other act of the enforcement court referred to in the preceding paragraph, the provisions of that paragraph do not apply to that enforcement measure or other act, and the provisions then in force continue to govern.

③If, before this Act comes into effect, a petition has been made under Article 68-3, paragraph (2) of the Former Civil Enforcement Act (including where they apply mutatis mutandis or where a case is governed by their rules) to the effect that the enforcement court is to have a sale implemented, and the enforcement court has not issued an order to have the sale implemented pursuant to that petition by the date on which this Act comes into effect, that petition is deemed to be a petition to the effect that the court clerk is to have a sale implemented under Article 68-3, paragraph (2) of the New Civil Enforcement Act (including where they apply mutatis mutandis or where a case is governed by their rules).

①With regard to a civil enforcement case for which notice was given before this Act comes into effect under Article 63, paragraph (1) of the Former Civil Enforcement Act (including where they apply mutatis mutandis or where a case is governed by their rules), the provisions then in force continue to govern, except in the case of the proviso to paragraph (2) of that Article (including where they apply mutatis mutandis or where a case is governed by their rules).

②If the enforcement court has issued, before this Act comes into effect, an order to have a sale implemented, the provisions then in force continue to govern the procedure for the sale under that order and the procedure for the ruling to permit or not to permit the sale, notwithstanding the provisions of Article 60 of the New Civil Enforcement Act (including where they apply mutatis mutandis or where a case is governed by their rules).

③Except where the provisions then in force continue to govern pursuant to the provisions of the preceding two paragraphs, the lowest sale price determined by the enforcement court under Article 60 of the Former Civil Enforcement Act (including where they apply mutatis mutandis or where a case is governed by their rules) before this Act comes into effect is deemed to be the standard sales price determined by the enforcement court under Article 60 of the New Civil Enforcement Act (including where they apply mutatis mutandis or where a case is governed by their rules).

①The provisions of Chapter II, Section 2, Subsection 4, Division 2 of the New Civil Enforcement Act do not apply to judicial enforcement against a monetary claim based on a title of obligation arising from a small claims action stated in any of the items of Article 167-2, paragraph (1) of the New Civil Enforcement Act that was established before this Act comes into effect.

②If the date on which this Act comes into effect is before the date on which the Act on the Maintenance of Related Acts Accompanying the Enforcement of the Real Property Registration Act (Act No. 124 of 2004) comes into effect, with regard to the application of the provisions of Article 167-14 of the New Civil Enforcement Act during the period up to the day preceding the date on which that Act comes into effect, the phrase "Article 164, paragraphs (5) and (6)" in that Article is deemed to be replaced with "Article 164, paragraphs (4) and (5)," and the phrase "Article 164, paragraph (5)" is deemed to be replaced with "Article 164, paragraph (4)."

With regard to the application of penal provisions to acts committed before this Act comes into effect and to acts committed after this Act comes into effect in the cases where the provisions then in force continue to govern pursuant to the provisions of these Supplementary Provisions, the provisions then in force continue to govern.

Beyond what is provided for in Articles 3 through 10, Article 29, and the preceding two Articles of the Supplementary Provisions, transitional measures necessary in connection with the enforcement of this Act are specified by Cabinet Order.