Chapter II Special Provisions on Demand Procedures That Are Handled Using Electronic Data Processing Systems
第二章 電子情報処理組織による督促手続の特則
Article 397Applying for a Demand for Payment Using Electronic Date Processing Systems
第三百九十七条(電子情報処理組織による支払督促の申立て)
A means of using an electronic data processing system specified by the Rules of the Supreme Court may be used as provided by the Rules of the Supreme Court to file an application for a demand for payment with the court clerk of a summary court specified by the Rules of the Supreme Court as a court that handles demand procedures under the provisions of this Chapter (referred to as a "designated summary court" in Article 398, paragraph (1) and Article 399), not only in a case as prescribed in Article 383, but also if the summary court prescribed in that Article is a summary court separately provided for by the Rules of the Supreme Court.
第三百九十八条
If, in demand procedures involving an application for a demand for payment that is filed with a court clerk of a designated summary court, a lawful objection to a demand is lodged against the relevant demand for payment, an action is deemed to have been filed, at the time that the application for the demand for payment was filed and regarding the claim that the objection concerns, with the summary court as provided for in Article 383, to which the court clerk issuing the demand for payment belongs, or the summary court separately provided for by the Rules of the Supreme Court as referred to in the preceding Article, or with the district court of jurisdiction in the locality of either such summary court, depending on the value of the subject matter of the claim.
In a case as referred to in the preceding paragraph, if there are two or more applicable summary or district courts as prescribed in that paragraph, and the summary court as provided for in Article 383, paragraph (1) or the district court of jurisdiction in that locality is among them, the action regarding the claim that the objection concerns is deemed to have been filed there, and if neither of the courts is among them, the action for that claim is deemed to have been filed with the summary court of jurisdiction in the place specified in paragraph (2), item (i) of that Article or the district court of jurisdiction for that locality.
前項の場合において、同項に規定する簡易裁判所又は地方裁判所が二以上あるときは、督促異議に係る請求については、これらの裁判所中に第三百八十三条第一項に規定する簡易裁判所又はその所在地を管轄する地方裁判所がある場合にはその裁判所に、その裁判所がない場合には同条第二項第一号に定める地を管轄する簡易裁判所又はその所在地を管轄する地方裁判所に訴えの提起があったものとみなす。
Notwithstanding the provisions of the preceding paragraph, if the creditor, as provided for by the Rules of the Supreme Court, has designated a summary court or district court from among the summary courts or district courts as provided for in paragraph (1), the action is deemed to have been filed with that court.
Article 399When Service Using Electronic Data Processing Systems Takes Effect
第三百九十九条(電子情報処理組織による送達の効力発生の時期)
Notwithstanding the provisions of Article 109-3, with the consent of the creditor that is to be served, service under the provisions of Article 109-2, paragraph (1) concerning demand procedures involving an application for a demand for payment that is filed with a court clerk of a designated summary court takes effect when a notice under that paragraph is sent to the creditor.
No English for this paragraph yet.
削除