Article 43Handling of Collection of National Tax Delinquency
第四十三条(国税滞納処分等の取扱い)
If an order commencing bankruptcy proceedings is issued, collection of national tax delinquency (excluding a disposal of foreign tax delinquency; the same applies in the following paragraph) may not be made against property that belongs to the bankruptcy estate.
If a collection of national tax delinquency has already been initiated against property that belongs to the bankruptcy estate, an order commencing bankruptcy proceedings does not preclude the continuation of the collection of national tax delinquency.
破産財団に属する財産に対して国税滞納処分が既にされている場合には、破産手続開始の決定は、その国税滞納処分の続行を妨げない。
When an order commencing bankruptcy proceedings is issued, the prescription for a fine, petty fine, and collection of equivalent value do not proceed until the bankruptcy proceedings are closed. The same applies during the period after a petition for a grant of discharge is filed until a judicial decision on the petition becomes final and binding (if a petition for a grant of discharge is filed before an order commencing bankruptcy proceedings is issued, during the period after an order commencing bankruptcy proceedings is issued until a judicial decision on the petition becomes final and binding).
破産手続開始の決定があったときは、破産手続が終了するまでの間は、罰金、科料及び追徴の時効は、進行しない。免責許可の申立てがあった後当該申立てについての裁判が確定するまでの間(破産手続開始の決定前に免責許可の申立てがあった場合にあっては、破産手続開始の決定後当該申立てについての裁判が確定するまでの間)も、同様とする。
Article 44Actions Relating to Bankruptcy Estates
第四十四条(破産財団に関する訴えの取扱い)
When an order commencing bankruptcy proceedings is issued, any action relating to the bankruptcy estate in which the bankrupt stands as a party is subject to a continuance.
A bankruptcy trustee may take over the action which was subject to a continuance under the provisions of the preceding paragraph which does not relate to any bankruptcy claim. In this case, a petition for taking over the action may also be filed by the opponent.
In the case referred to in the preceding paragraph, the opponent's claim for court costs against the bankrupt is a claim on the estate.
When the bankruptcy proceedings are closed, any action relating to the bankruptcy estate in which a bankruptcy trustee stands as a party is subject to a continuance.
The bankrupt must take over the action which was subject to a continuance under the provisions of the preceding paragraph. In this case, a petition for taking over the action may also be filed by the opponent.
If bankruptcy proceedings are closed before the action which was subject to a continuance pursuant to the provisions of paragraph (1) is taken over under the provisions of paragraph (2), the bankrupt automatically takes over the action.
Article 45Handling of Actions by the Subrogee and Actions for Rescission of Fraudulent Acts
第四十五条(債権者代位訴訟及び詐害行為取消訴訟の取扱い)
If an action filed by a bankruptcy creditor or holder of a claim on the estate pursuant to the provisions of Article 423, paragraph (1), Article 423-7 or Article 424, paragraph (1) of the Civil Code (Act No. 89 of 1896) is pending at the time of commencement of bankruptcy proceedings, the action is subject to a continuance.
民法(明治二十九年法律第八十九号)第四百二十三条第一項、第四百二十三条の七又は第四百二十四条第一項の規定により破産債権者又は財団債権者の提起した訴訟が破産手続開始当時係属するときは、その訴訟手続は、中断する。
A bankruptcy trustee may take over the action which was subject to a continuance pursuant to the provisions of the preceding paragraph. In this case, a petition for taking over the action may also be filed by the opponent.
In the case referred to in the preceding paragraph, the opponent's claim for court costs against the bankruptcy creditor or holder of a claim on the estate is a claim on the estate.
If the bankruptcy proceedings are closed after the action was taken over under the provisions of paragraph (2), the bankruptcy proceedings which were subject to a continuance under the provisions of paragraph (1), the action is subject to a continuance.
In the case referred to in the preceding paragraph, the bankruptcy creditor or holder of claim on the estate must take over the action. In this case, a petition for taking over the action may also be filed by the opponent.
If the bankruptcy proceedings which were subject to a continuance under the provisions of paragraph (1) are closed before the proceeding action has been taken over under the provisions of paragraph (2), the bankruptcy creditor or holder of claim on the estate automatically takes over the action.
Article 46Handling of Cases Pending Before Administrative Agencies
第四十六条(行政庁に係属する事件の取扱い)
The provisions of Article 44 apply mutatis mutandis to cases relating to the bankruptcy estate that is pending before an administrative agency.
Subsection 2 Effect of Commencement of Bankruptcy Proceedings
第二款 破産手続開始の効果
A juridical act conducted by the bankrupt after the commencement of bankruptcy proceedings with respect to property that belongs to the bankruptcy estate may not be asserted effective in relation to the bankruptcy proceedings.
If a right is acquired after the commencement of bankruptcy proceedings with respect to property that belongs to the bankruptcy estate but it is not by way of the bankrupt's juridical act, the acquisition of the right may not be asserted effective in relation to the bankruptcy proceedings.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the acquisition of the right under the preceding paragraph that occurs on the date of commencement of bankruptcy proceedings.
Article 49Effect of Registrations After Commencement of Bankruptcy Proceedings
第四十九条(開始後の登記及び登録の効力)
A registration or a provisional registration under the provisions of Article 105, item (i) of the Real Property Registration Act (Act No. 123 of 2004), which is made with respect to real property or a vessel after the commencement of bankruptcy proceedings based on the cause of registration that occurred prior to the commencement of bankruptcy proceedings, may not be asserted to be effective in relation to the bankruptcy proceedings; provided, however, that this does not apply to a registration or provisional registration made by a person entitled to demand registration, without the knowing the commencement of bankruptcy proceedings.
不動産又は船舶に関し破産手続開始前に生じた登記原因に基づき破産手続開始後にされた登記又は不動産登記法(平成十六年法律第百二十三号)第百五条第一号の規定による仮登記は、破産手続の関係においては、その効力を主張することができない。ただし、登記権利者が破産手続開始の事実を知らないでした登記又は仮登記については、この限りでない。
The provisions of the preceding paragraph apply mutatis mutandis to a registration or provisional registration made with respect to the establishment, transfer, or modification of a right, or registration made with respect to the establishment, transfer, or modification of an enterprise mortgage.
前項の規定は、権利の設定、移転若しくは変更に関する登録若しくは仮登録又は企業担保権の設定、移転若しくは変更に関する登記について準用する。
Article 50Effect of Payment to the Bankrupt After Commencement of Bankruptcy Proceedings
第五十条(開始後の破産者に対する弁済の効力)
Payment made to the bankrupt after the commencement of bankruptcy proceedings without knowing the commencement may also be asserted effective in relation to the bankruptcy proceedings.
Payment made to the bankrupt after the commencement of bankruptcy proceedings with the knowledge of the commencement may be asserted effective in relation to the bankruptcy proceedings only to the extent that the bankruptcy estate has been enriched.
Article 51Presumption of Existence or Absence of Knowledge
第五十一条(善意又は悪意の推定)
For the application of the provisions of the preceding two Articles, the absence of knowledge of the commencement of bankruptcy proceedings is presumed prior to a public notice made under the provisions of Article 32, paragraph (1), and the existence of knowledge of the commencement of bankruptcy proceedings is presumed after the public notice is made.
第五十二条(共有関係)
If two or more persons jointly hold property rights and any one of them has received an order commencing bankruptcy proceedings, a claim for dividing the property in co-ownership may be made even if there is an agreement between the co-owners to the effect that division has not been agreed upon.
数人が共同して財産権を有する場合において、共有者の中に破産手続開始の決定を受けた者があるときは、その共有に係る財産の分割の請求は、共有者の間で分割をしない旨の定めがあるときでも、することができる。
In the case referred to in the preceding paragraph, other co-owners may acquire the bankrupt's co-owned interest in the property by paying a reasonable amount of compensation.
第五十三条(双務契約)
If both the bankrupt and the other party under an executory contract have not yet completely performed their obligations by the time of the commencement of bankruptcy proceedings, a bankruptcy trustee may cancel the contract or may perform the bankrupt's obligation and request the other party to perform their obligation.
In the case referred to in the preceding paragraph, the counterparty may specify a reasonable period and make a demand on the bankruptcy trustee that the trustee should give a definite answer within that period with regard to whether they will cancel the contract or request performance of the obligation. In this case, if the bankruptcy trustee fails to give a definite answer within that period, it is deemed that the trustee has cancelled the contract.
The provisions of the preceding paragraph apply mutatis mutandis if the counterparty or a bankruptcy trustee may give a notice of termination pursuant to the provisions of the first sentence of Article 631 of the Civil Code or cancel the contract pursuant to the first sentence of Article 642, paragraph (1) of that Code.
前項の規定は、相手方又は破産管財人が民法第六百三十一条前段の規定により解約の申入れをすることができる場合又は同法第六百四十二条第一項前段の規定により契約の解除をすることができる場合について準用する。
第五十四条
If a contract is cancelled pursuant to the provisions of paragraph (1) or (2) of the preceding Article, the counterparty may exercise their right to claim of compensation for damages as a bankruptcy creditor.
In the case referred to in the preceding paragraph, if the counter-performance received by the bankrupt still exists in the bankruptcy estate, the counterparty may request its return, and if it does not exist in the bankruptcy estate, they may exercise their right over its value as a holder of a claim on the estate.
Article 55Executory Contracts for Continuous Performance
第五十五条(継続的給付を目的とする双務契約)
After the commencement of bankruptcy proceedings, the counterparty to a bilateral contract who has an obligation to provide continuous performance to the bankrupt may not refuse to perform the obligation on the grounds that no payment is made with regard to the bankruptcy claim arising from the performance provided prior to the filing of a petition to commence bankruptcy proceedings.
A claim arising from the performance that is provided by the counterparty to an executory contract prescribed in the preceding paragraph after the filing of a petition to commence bankruptcy proceedings, and prior to the commencement of bankruptcy proceedings (in the case of continuous performance for which the amount of claim should be calculated for each specific period of time, the claim arising from the performance provided within the period that includes the date of filing of the petition is included) is a claim on the estate.
The provisions of the preceding two paragraphs do not apply to a labor contract.
前二項の規定は、労働契約には、適用しない。
第五十六条(賃貸借契約等)
The provisions of Article 53, paragraphs (1) and (2) do not apply when the counterparty of the bankrupt under a contract for the establishment of a leasehold or any other right of use or extracting profit has a registration or meets any other requirement for duly asserting the right against any third party.
In the case prescribed in the preceding paragraph, a claim held by the counterparty is a claim on the estate.
第五十七条(委任契約)
When bankruptcy proceedings are commenced against the mandator, if they have administered the mandated business without receiving a notice of commencement of bankruptcy proceedings under the provisions of Article 655 of the Civil Code and also without knowing the fact of the commencement of bankruptcy proceedings, the mandatary may exercise their right to a claim arising from the above mentioned administration as a bankruptcy creditor.
Article 58Contracts for Transaction of Goods with Market Quotation
第五十八条(市場の相場がある商品の取引に係る契約)
With regard to a contract for a transaction of goods with a quotation on an exchange or any other market quotation the purpose of which cannot be achieved unless the transaction is performed on a specific date or within a specific period of time from the nature of the transaction, if the due date is to come after the commencement of bankruptcy proceedings, it is deemed that the contract has been cancelled.
取引所の相場その他の市場の相場がある商品の取引に係る契約であって、その取引の性質上特定の日時又は一定の期間内に履行をしなければ契約をした目的を達することができないものについて、その時期が破産手続開始後に到来すべきときは、当該契約は、解除されたものとみなす。
In the case referred to in the preceding paragraph, the amount of compensation for damages is determined by the difference between the quotation for the same kind of transaction to be performed at the same time at the place of performance or any other reference place for quotation, and the price of the goods under the contract.
前項の場合において、損害賠償の額は、履行地又はその地の相場の標準となるべき地における同種の取引であって同一の時期に履行すべきものの相場と当該契約における商品の価格との差額によって定める。
The provisions of Article 54, paragraph (1) apply mutatis mutandis to compensation for damages under the provisions of the preceding paragraph.
If there are any special provisions in the exchange or market in question with regard to the particulars specified in paragraph (1) or paragraph (2), those provisions prevail.
If, under a basic contract concluded for performing transactions stated in paragraph (1) continuously by the parties to the transactions, there is an agreement to the effect that claims and liabilities of compensation for damages prescribed in paragraph (2) arising from all contracts for transactions prescribed in paragraph (1) enforced under the basic contract is settled on a net basis, such an agreement prevails with regard to the calculation of the claimable amount of damages.