Order for Enforcement of the Civil Execution Act


Published: 2004

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´╗┐Order for Enforcement of the Civil Execution Act

The Cabinet enacts this Cabinet Order pursuant to the provisions of Article 131, item (iii) of the Civil Execution Act (Act No. 4 of 1979) (including cases where applied mutatis mutandis pursuant to Article 177, paragraph (4) and Article 192 of said Act) and Article 152, paragraph (1) of said Act (including cases where applied mutatis mutandis pursuant to Article 178, paragraph (5) and Article 193, paragraph (2) of said Act).

(Amount of Money for Which Seizure Is Prohibited)

Article 1 The amount to be specified by Cabinet Order as set forth in Article 131, item (iii) of the Civil Execution Act (hereinafter referred to as the "Act") (including cases where applied mutatis mutandis pursuant to Article 192 of the Act) shall be 660,000 yen.

(Amount of Claim Pertaining to Continuous Performance, etc. for Which Seizure Is Prohibited)

Article 2 (1) The amount to be specified by Cabinet Order as set forth in Article 152, paragraph (1) of the Act (including cases where applied mutatis mutandis pursuant to Article 167-14 and Article 193, paragraph (2) of the Act; the same shall apply hereinafter), to which either of the claims listed in the items under Article 152, paragraph (1) of the Act (excluding the claim set forth in the following paragraph) pertains, shall be the amount specified for the cases listed in the following items respectively:

(i) where monthly due dates for payment are set: 330,000 yen;

(ii) where due dates for payment twice a month are set: 165,000 yen;

(iii) where due dates for payment every ten days are set : 110,000 yen;

(iv) the case where due dates for payment are set for periods that are integral multiples of a month: an amount equivalent to that obtained by multiplying 330,000 yen by said multiple;

(v) the case where daily due dates for payment are set: 11,000 yen; and

(vi) where due dates for payment over any other period of time are set: the amount equivalent to that calculated by multiplying 11,000 yen by the number of days in said period.

(2) The amount to be specified by Cabinet Order as set forth in Article 152, paragraph (1) of the Act, which relates to a claim relating to a bonus or any other remuneration similar in nature, shall be 330,000 yen.