Article 126Provisional Order during a Case on the Merits to Adjudicate Commencement of Guardianship

①When a petition for the commencement of guardianship is filed, and when it is necessary for daily life, medical treatment, and nursing care or administration of the property of a person who is to be an adult under guardianship, the family court (or a high court in the case set forth in Article 105, paragraph (2); hereinafter the same applies in this Article and the following Article) may, upon petition or by its own authority, appoint an administrator of property or give instructions to a party concerned with the case with regard to the matters regarding daily life, medical treatment, and nursing care or administration of the property of the person who is to be an adult under guardianship, while not requiring the provision of security, until a ruling on the petition for the commencement of guardianship becomes effective.

②When a petition for the commencement of guardianship is filed, and when it is particularly necessary for the preservation of the property of a person who is to be an adult under guardianship, the family court may, upon the petition of the person who has filed the petition, order that the person who is to be an adult under guardianship becomes subject to the guardianship of the administrator of property set forth in the preceding paragraph in performing acts in relation to property (excluding the acts prescribed in the proviso to Article 9 of the Civil Code; the same applies in paragraph (7)), until a ruling on the petition for the commencement of guardianship becomes effective.

④A ruling to order guardianship becomes effective when notice thereof is given to the administrator of the property set forth in paragraph (1) (if there are two or more such administrators, one of them).

⑤Notice of a ruling to order guardianship must be given to a person who is to be an adult under guardianship. In this case, the provisions of Article 74, paragraph (1) do not apply to a person who is to be an adult under guardianship.

⑥The period for filing an immediate appeal against a ruling to order guardianship to be filed by a person other than a person who receives notice of a ruling runs from the day on which the administrator of property set forth in paragraph (1) receives notice under the provisions of paragraph (4) (if there are two or more such days, the latest day).

⑦When a ruling to order guardianship is made, the person who is to be an adult under guardianship and the administrator of property set forth in paragraph (1) may rescind acts performed in relation to property by the person who is to be an adult under guardianship. In this case, the provisions of the Civil Code concerning the rescission of acts performed by a person with limited capacity to act apply mutatis mutandis.

⑧The provisions of paragraphs (1) through (6) of the preceding Article, and the provisions of Articles 27 through 29 of the Civil Code (excluding Article 27, paragraph (2) of the Code) apply mutatis mutandis to the administrator of property set forth in paragraph (1). In this case, the term "an adult under guardianship" in paragraph (3) of the preceding Article is deemed to be replaced with "a person who is to be an adult under guardianship".