Article 134Provisional Order during a Case on the Merits to Adjudicate Commencement of Curatorship

①The provisions of Article 126, paragraph (1) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the commencement of curatorship as a case on the merits.

②When a petition for the commencement of curatorship is filed, and when it is particularly necessary for the preservation of the property of a person who is to be a person under curatorship, the family court (or a high court in the case set forth in Article 105, paragraph (2)) may, upon the petition of the person who has filed the petition, order that the person who is to be a person under curatorship be subject to the curatorship of the administrator of property to be appointed pursuant to the provisions of Article 126, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph (hereinafter simply referred to as an "administrator of property" in this Article) in performing acts in relation to property (limited to the acts prescribed in Article 13, paragraph (1) of the Civil Code; the same applies in paragraph (5)), until a ruling on the petition for the commencement of curatorship becomes effective.

④The period for filing an immediate appeal against a ruling to order curatorship to be filed by a person other than a person who receives notice of a ruling and by a person who is to be a person under curatorship runs from the latest day, out of the day on which the person who is to be a person under curatorship receives notice of a ruling and the day on which the administrator of property receives notice of a ruling under the provisions of the preceding paragraph.

⑤When a ruling to order curatorship is made, the person who is to be a person under curatorship and the administrator of property may rescind acts performed in relation to property by the person who is to be a person under curatorship without obtaining consent from the administrator of property. 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.

⑥The provisions of Article 125, paragraphs (1) through (6), as well as the provisions of Articles 27 through 29 of the Civil Code (excluding Article 27, paragraph (2) of the Code) apply mutatis mutandis to an administrator of property. In this case, the term "an adult under guardianship" in Article 125, paragraph (3) is deemed to be replaced with "a person who is to be a person under curatorship."