Article 238Effect of Unconditional Acceptance of Inheritance or Renunciation of Inheritance by the Bankrupt
第二百三十八条(破産者の単純承認又は相続放棄の効力等)
If inheritance commences with regard to the bankrupt before an order commencing bankruptcy proceedings is made, unconditional acceptance of inheritance made by the bankrupt after an order commencing bankruptcy proceedings is issued has the effect of qualified acceptance vis-à-vis the bankruptcy estate. The same applies to renunciation of inheritance made by the bankrupt after an order commencing bankruptcy proceedings is issued.
A bankruptcy trustee may acknowledge the effect of renunciation of inheritance notwithstanding the provisions of the second sentence of the preceding paragraph. In this case, a bankruptcy trustee must submit a statement to the family court to that effect within three months after they came to know that the inheritance had been renounced.
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(Effect of Unconditional Acceptance of Inheritance or Renunciation of Inheritance by the Bankrupt)
If inheritance commences with regard to the bankrupt before an order commencing bankruptcy proceedings is made, unconditional acceptance of inheritance made by the bankrupt after an order commencing…
破産手続開始の決定前に破産者のために相続の開始があった場合において、破産者が破産手続開始の決定後にした単純承認は、破産財団に対しては、限定承認の効力を有する。破産者が破産手続開始の決定後にした相続の放棄も、同様とする。
Open this provisionbankrupt
「破産者」
A debtor against whom an order commencing bankruptcy proceedings has been made under Article 30, paragraph (1).
Defined inArticle 2, paragraph (4)· applies throughout the law
bankruptcy trustee
「破産管財人」
A person who has the right to administer and dispose of the property belonging to the bankruptcy estate (破産財団) in bankruptcy proceedings.
Defined inArticle 2, paragraph (12)· applies throughout the law
bankruptcy estate
「破産財団」
The bankrupt's (破産者) property, inherited property (相続財産) or trust property (信託財産) that the bankruptcy trustee (破産管財人) has the exclusive right to administer and dispose of in bankruptcy proceedings.
Defined inArticle 2, paragraph (14)· applies throughout the law