Civil Provisional Remedies Act

(Act No. 91 of December 22, 1989)

Table of Contents

Chapter I General Provisions (Articles 1 to 8)

Chapter II Proceedings Concerning an Order for a Provisional Remedy

Section 1 General Provisions (Articles 9 and 10)

Section 2 Orders for Provisional Remedies

Subsection 1 General Rules (Articles 11 to 19)

Subsection 2 Order for Provisional Seizure (Articles 20 to 22)

Subsection 3 Order of Provisional Disposition (Articles 23 to 25-2)

Section 3 Objection to a Provisional Remedy (Articles 26 to 36)

Section 4 Revocation of a Provisional Remedy (Articles 37 to 40)

Section 5 Appeal Against a Provisional Remedy (Articles 41 and 42)

Chapter III Procedure Concerning Execution of a Provisional Remedy

Section 1 General Provisions (Articles 43 to 46)

Section 2 Execution of a Provisional Seizure (Articles 47 to 51)

Section 3 Execution of a Provisional Disposition (Articles 52 to 57)

Chapter IV Effect of a Provisional Disposition (Articles 58 to 65)

Chapter V Penal Provisions (Articles 66 and 67)

Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1 The provisional seizure and provisional disposition of a disputed

subject matter in order to preserve the fulfillment of a right comprising the

merits of a civil suit, and provisional disposition that determines the

provisional status of a relationship of rights comprising the merits of a civil

suit (hereinafter collectively referred to as "civil provisional remedies") are

governed by the provisions of this Act in addition to the provisions of other

laws and regulations.

(Agency for Civil Provisional Remedies and the Court Executing a Provisional

Remedy)

Article 2 (1) An order for a civil provisional remedy (hereinafter referred to as an

"order for a provisional remedy") is issued by a court upon petition.

(2) The execution of a civil provisional remedy (hereinafter referred to as the

"execution of a provisional remedy") is carried out by a court or a court

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execution officer upon petition.

(3) For the execution of a provisional remedy carried out by a court, the court

issuing the disposition to execute it pursuant to the provisions of this Act shall

be the court executing the provisional remedy, and for disposition to execute

the execution of a provisional remedy carried out by a court execution officer,

the district court to which such court execution officer belongs shall be the

court executing the provisional remedy.

(Optional Oral Arguments)

Article 3 The court may reach a judicial decision in civil provisional remedy

proceedings without holding oral arguments.

(Provision of Security)

Article 4 (1) Security to be provided pursuant to the provisions of this Act must

be made by way of a statutory deposit of money or of securities (including book-

entry transfer bonds, etc. prescribed in Article 278, paragraph (1) of the Act on

Book-Entry Transfer of Company Bonds, Shares, etc.(Act No. 75 of 2001)) that

the court that has ordered the provision of security finds to be reasonable, with

an official depository within the jurisdictional district of the district court that

has jurisdiction over the location of the court that has ordered the provision of

security or the court executing the provisional remedy, or in any other manner

specified by the Rules of the Supreme Court; provided, however, that if the

parties concerned have made a special contract, such contract prevails.

(2) The provisions of Articles 77, 79 and 80 of the Code of Civil Procedure (Act No.

109 of 1996) apply mutatis mutandis to the security set forth in the preceding

paragraph.

(Inspection, etc. of the Case Records)

Article 5 With regard to proceedings concerning an order for a provisional

remedy or proceedings carried out by a court for the execution of a provisional

remedy, an interested party may file a request with the court clerk to be

allowed to inspector copy the case records , to be issued an authenticated copy,

transcript, or extract of the case records, or to be issued a certificate of the

particulars of the case; provided, however, that no person other than an obligee

may make such a request until the date for an oral argument or the date on

which the obligor is summoned for a hearing is designated with respect to a

petition for an order for a provisional remedy, or until the obligor is served

with an order for a provisional remedy.

(Exclusive Jurisdiction)

Article 6 The court jurisdictions prescribed in this Act are exclusive jurisdictions.

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(Application Mutatis Mutandis of the Code of Civil Procedure)

Article 7 Except as otherwise provided for, the provisions of the Code of Civil

Procedure apply mutatis mutandis to proceedings for civil provisional remedies.

(Rules of the Supreme Court)

Article 8 In addition to what is provided for in this Act, necessary matters

concerning proceedings for civil provisional remedies are to be specified in the

Rules of the Supreme Court.

Chapter II Proceedings Concerning an Order for a Provisional Remedy

Section 1 General Provisions

(Special Provisions on Measures for Clarification)

Article 9 When it is necessary in order to clarify the allegations of a party with

regard to the facts pertaining to a dispute, the court may cause a person who

handles administrative affairs for the party or who assists the party and whom

the court considers to be appropriate, to give a statement on the date for oral

arguments or the date of the hearing.

Article 10 Deleted

Section 2 Order for a Provisional Remedy

(Jurisdiction of a Case involving an Order for a Provisional Remedy)

Article 11 A petition for an order for a provisional remedy may be filed only if an

action on the merits may be filed with a court in Japan, or if the property to be

provisionally seized or the disputed subject matter is located in Japan.

Article 12 (1) A case involving an order for a provisional remedy is under the

jurisdiction of the court with jurisdiction over the merits of the case or the

district court with jurisdiction over the location of the property to be

provisionally seized or the disputed subject matter.

(2) Notwithstanding the provisions of the preceding paragraph, if the action on

the merits is an action related to patent rights, etc. prescribed in Article 6,

paragraph (1) of the Code of Civil Procedure, the case involving the order for a

provisional remedy is under the jurisdiction of the court with jurisdiction over

the merits of the case; provided, however, that if the district court with

jurisdiction over the location of the property to be provisionally seized or the

disputed subject matter is any of the courts specified in the items of paragraph

(1) of said Article, such court shall also have jurisdiction over the case

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involving the order for a provisional remedy.

(3) The court of the first instance is the court with jurisdiction over the merits of

the case; provided, however, that the court of the second instance has

jurisdiction if the merits of the case is pending in the second instance.

(4) If the property to be provisionally seized or the disputed subject matter is a

claim (meaning a claim prescribed in Article 143 of the Civil Execution Act (Act

No. 4 of 1979); hereinafter the same applies in this Article), the claim shall be

deemed to exist at the location of the general venue of the obligor of such claim

(hereinafter referred to as the "third party obligor"); provided, however, that a

claim for delivery of a vessel (meaning a vessel prescribed in Article 112 of said

Act; the same applies hereinafter) or movables (meaning movables prescribed

in Article 122 of said Act; the same applies hereinafter) or a claim secured by a

security interest over a property shall be deemed to exist at the location of

such property.

(5) The provisions of the main clause of the preceding paragraph apply mutatis

mutandis when the property to be provisionally seized or the disputed subject

matter is a property right prescribed in Article 167, paragraph (1) of the Civil

Execution Act (hereinafter referred to as "any other property right") for which

there is a third party obligor or person equivalent thereto (excluding a case

prescribed in the following paragraph).

(6) If the property to be provisionally seized or the disputed subject matter is any

other property right whose transfer requires registration, such property right

shall be deemed to exist at the place of such registration.

(Petition and Prima Facie Showing)

Article 13 (1) A petition for an order for a provisional remedy must clarify the

purpose thereof and the rights or relationship of rights that must be preserved

and the necessity of preserving it.

(2) Prima facie case must be made to show the rights or relationship of rights

that must be preserved and the necessity of preserving it.

(Security for an Order for a Provisional Remedy)

Article 14 (1) An order for a provisional remedy may be issued while requiring

provision of security or requiring provision of security within a certain period

of time that is found to be reasonable as a condition for implementing the

execution of the provisional remedy, or not requiring the provision of security.

(2) In a case set forth in the preceding paragraph when security is to be provided,

if there are grounds that make it difficult for the party to make a statutory

deposit with an official depository provided for in Article 4, paragraph (1)

without delay, the party may, with the court's permission, make a statutory

deposit with an official depository within the jurisdictional district of the

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district court having jurisdiction over the obligee's domicile or the location of

the obligee's office or any other place that the court finds to be appropriate.

(Authority of the Presiding Judge)

Article 15 An order for a provisional remedy may be issued by the presiding

judge, but only if there are pressing circumstances.

(Reasons for a Ruling)

Article 16 A ruling on a petition for an order for a provisional remedy must be

appended by the reasons therefor; provided, however, that if the ruling is made

without holding oral arguments, it is sufficient if an outline of the reasons are

given.

(Service)

Article 17 An order for a provisional remedy must be served on the party.

(Withdrawal of a Petition for an Order for a Provisional Remedy)

Article 18 It is not required that the obligor's consent be obtained in order to

withdraw a petition for an order for a provisional remedy, even after an

objection to the provisional remedy or a petition to revoke the provisional

remedy is filed.

(Immediate Appeal against a Judicial Decision of Dismissal)

Article 19 (1) An obligee may file an immediate appeal against a judicial

decision to dismiss a petition for an order for a provisional remedy, within an

unextendable period of two weeks from the day on which the obligee has been

notified of such decision.

(2) No further appeal may be filed against a judicial decision to dismiss an

immediate appeal set forth in the preceding paragraph.

(3) The provisions of the main clause of Article 16 apply mutatis mutandis to a

ruling on an immediate appeal set forth in paragraph (1).

Subsection 2 Order for Provisional Seizure

(Necessity of an Order for Provisional Seizure)

Article 20 (1) An order for provisional seizure may be issued when it is likely

that a compulsory execution regarding a claim for payment of money will not

be possible, or will result in the occurrence of significant difficulties.

(2) An order for a provisional seizure may be issued even when a claim provided

for in the preceding paragraph is subject to a condition or a time limit.

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(Object of an Order for Provisional Seizure)

Article 21 An order for provisional seizure must be issued with regard to specific

property; provided, however, that an order for provisional seizure of movables

may be issued without the object being specified.

(Money for Release from a Provisional Seizure)

Article 22 (1) An order for provisional seizure must specify the amount of money

that the obligor must deposit in order to obtain a stay of execution of a

provisional seizure or in order to have a provisional seizure that has already

been executed revoked.

(2) A deposit of money set forth in the preceding paragraph must be made with

an official depository within the jurisdictional district of the district court that

has jurisdiction over the location of the court that has issued the order for

provisional seizure or the court that executes the provisional remedy.

Subsection 3 Order of Provisional Disposition

(Necessity, etc. of an Order of Provisional Disposition)

Article 23 (1) An order of provisional disposition with regard to a disputed

subject matter may be issued when there is a likelihood that the obligee's

exercise of its right will be impossible or extremely difficult due to any changes

to the existing state of such subject matter.

(2) An order of provisional disposition that determines a provisional status may

be issued when such status is necessary in order to avoid any substantial

detriment or imminent danger that would occur to the obligee with regard to

the relationship of rights in dispute.

(3) The provisions of Article 20, paragraph (2) apply mutatis mutandis to an

order of provisional disposition.

(4) An order of provisional disposition set forth in paragraph (2) may not be

issued without holding oral arguments or a hearing date at which the obligor

may be present; provided, however, that this does not apply when

circumstances are such that the objective of the petition for an order of

provisional disposition cannot be achieved if such proceedings are held.

(Means for a Provisional Disposition)

Article 24 In order to achieve the objective of a petition for an order of

provisional disposition, the court may issue a disposition ordering the obligor

to take or prohibit from taking certain actions, , ordering the obligor to tender

performance, or causing the object to be placed in the custody of a custodian, or

issue any other necessary disposition.

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(Money for Release from a Provisional Disposition)

Article 25 (1) After hearing the opinion of the obligee, the court may specify in

an order of provisional disposition the amount of money that the obligor must

deposit in order to obtain a stay of execution of a provisional disposition or

have a provisional disposition that has already been executed revoked, but only

if the objective for which the right to be preserved is exercised can be achieved

through the receipt of a monetary payment.

(2) The provisions of Article 22, paragraph (2) apply mutatis mutandis to the

deposit of money set forth in the preceding paragraph.

(Order of Provisional Disposition Prohibiting the Transfer of Possession Which

the Court Issues Without Specifying the Obligor)

Article 25-2 (1) The court may issue an order of provisional disposition

prohibiting the transfer of possession (meaning an order of provisional

disposition issued to preserve the right to claim the delivery or surrender of

the disputed subject matter, the substance of which comprises the particulars

set forth in the following; hereinafter the same applies in this Article, Article

54-2 and Article 62) for a disputed subject matter constituting real property

without specifying the obligor if there are special circumstances that make it

difficult to specify the obligor prior to the execution of such order:

(i) prohibiting the obligor from transferring the possession of the disputed

subject matter, and ordering the obligor to release the disputed subject

matter from its possession and deliver it to a court execution officer; and

(ii) having the disputed subject matter placed in the custody of a court

execution officer and having the court execution officer issue a public notice

notifying that the obligor is prohibited from transferring the possession of

the disputed subject matter and that the court execution officer has custody

of the disputed subject matter.

(2) When an order of provisional disposition prohibiting the transfer of

possession under the provisions of the preceding paragraph is executed, the

person who, through such execution, is released from the possession of the real

property that constitutes the disputed subject matter, is the obligor.

(3) An order of provisional disposition prohibiting the transfer of possession

under the provisions of paragraph (1) is not required to be served upon the

obligor if such order is not executed within the period set forth in Article 43,

paragraph (2). In such case, a ruling under the provisions of Article 79,

paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis

pursuant to Article 4, paragraph (2) to release the security that was caused to

be provided under the provisions of Article 14, paragraph (1), becomes effective

through the court's notification of the petitioner by a method it finds

appropriate.

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Section 3 Objection to a Provisional Remedy

(Filing of an Objection to a Provisional Remedy)

Article 26 An obligor may file an objection to an order for a provisional remedy

with the court that issued the order.

(Judicial Decision to Stay the Execution of a Provisional Remedy, etc.)

Article 27 (1) If an objection to a provisional remedy is filed, the court may, upon

petition, order a stay of execution of the provisional remedy or order the

revocation of a disposition that has already been executed while requiring the

provision of security immediately or on condition that security will be provided,

during the period until the court reaches a judicial decision set forth in the

provisions of paragraph (3) in its ruling on the objection to the provisional

remedy, but only if a prima facie case is made to show circumstances that are

clearly grounds for revocation of the order for the provisional remedy, and of

the likelihood that executing the provisional remedy will cause damage which

cannot be compensated.

(2) When the court of appeal has issued an order for a provisional remedy, if the

case record exists at the court of prior instance, the court of prior instance may

also reach a judicial decision set forth in the provisions of the preceding

paragraph.

(3) The court must, in its ruling on the filing of an objection to a provisional

remedy, revoke, modify, or uphold a judicial decision it has already made

pursuant to the provisions of paragraph (1).

(4) No appeal may be entered against a judicial decision under the provisions of

paragraph (1) and the preceding paragraph.

(5) The provisions of Article 15 apply mutatis mutandis to a judicial decision

under the provisions of paragraph (1).

(Transfer of a Case)

Article 28 When it is necessary in order to avoid a substantial delay in a case

involving an objection to a provisional remedy or to ensure equity between the

parties, in consideration of the domicile of a party, a witness to be examined, or

a unsworn witness to be heard, or of any other circumstances, the court may,

by petition or on its own authority, transfer the case to another court that has

jurisdiction over such case involving the order for provisional remedy.

(Proceedings for Objection to a Provisional Remedy)

Article 29 The court may not reach a ruling on a filing of an objection to a

provisional remedy without holding oral arguments or holding a hearing date

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at which both parties may be present.

Article 30 Deleted

(Conclusion of Proceedings)

Article 31 In order to conclude proceedings, the court must decide the day on

which proceedings are to be concluded, leaving a reasonable grace period;

provided, however, that on a date for oral argument or a hearing at which both

parties may be present, the court may immediately declare that proceedings

are concluded.

(Ruling on a Filing of an Objection to a Provisional Remedy)

Article 32 (1) The court must, in a ruling on a filing of an objection to a

provisional remedy, uphold, modify, or revoke the order for the provisional

remedy.

(2) In a ruling set forth in the preceding paragraph, the court may, as a condition

for the implementation or continuation of a provisional remedy's execution,

require the obligee's provision of security within a certain period of time that it

finds to be reasonable or may increase the amount of security required under

the provisions of Article 14, paragraph (1) and require the obligee's provision of

security in the amount of the increase within a certain period of time that it

finds to be reasonable.

(3) The court may make its ruling to revoke an order for a provisional remedy

under the provisions of paragraph (1) conditional upon the obligor' provision of

security.

(4) The provisions of the main clause of Article 16 and Article 17 apply mutatis

mutandis to a ruling set forth in paragraph (1).

(Judicial Decision of Restoration)

Article 33 If an obligee has, based on an order of provisional disposition, been

delivered or surrendered to it an object, received a monetary payment, or used

or had in its custody an object, the court may, at the petition of the obligor,

order the obligee to return the object delivered or surrendered to it by the

obligor, the money paid to it by the obligor, or the object used or held in

custody by it, in a ruling to revoke the order of provisional disposition

pursuant to the provisions of paragraph (1) of the preceding Article.

(Effect of a Ruling to Revoke an Order for a Provisional Remedy)

Article 34 In a ruling to revoke an order for a provisional remedy under the

provisions of Article 32, paragraph (1), the court may declare that the ruling to

revoke will not take effect until the expiration of a certain period of time that it

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finds to be reasonable, not exceeding two weeks from the day on which the

ruling is served; provided, however, that this does not apply when no appeal

may be filed against such ruling to revoke the order.

(Withdrawal of a Filing of an Objection to a Provisional Remedy)

Article 35 It is not required that the obligee's consent be obtained in order to

withdraw a filing of an objection to a provisional remedy.

(Special Provisions on the Authority of an Assistant Judge)

Article 36 An assistant judge may not independently reach a judicial decision on

a filing of an objection to a provisional remedy.

Section 4 Revocation of a Provisional Remedy

(Revocation of a Provisional Remedy by Reason of the Failure to File an Action

on the Merits, etc.)

Article 37 (1) At the petition of the obligor, the court that issued the order for a

provisional remedy must order the obligee to, within a certain period of time

that it finds to be reasonable, file an action on the merits and submit a

document certifying such filing, or, if the obligee has already filed an action on

the merits, to submit a document certifying that such action is pending before

a court.

(2) The period referred to in the preceding paragraph must be two weeks or more.

(3) The court must revoke the order for a provisional remedy at the petition of

the obligor if the obligee fails to submit the document set forth in paragraph (1)

within the period set forth in said paragraph.

(4) If the action on the merits referred to in paragraph (1) is withdrawn or

dismissed after the document set forth in said paragraph is submitted, such

document is deemed not to have been submitted.

(5) With regard to the application of the provisions of paragraphs (1) and (3), the

filing of an action on the merits is deemed to be the filing of a petition for

conciliation with a family court if the case on the merits is a case prescribed in

Article 18, paragraph (1) of the Act on Adjudication of Domestic Relations (Act

No. 152 of 1947); the filing of a petition for labor tribunal proceedings with a

district court if the case on the merits is a case prescribed in Article 1 of the

Labor Tribunal Act (Act No. 45 of 2004); the procedures for commencing

arbitration proceedings if an arbitration agreement exists with respect to the

case on the merits; and an application for a ruling on liability to compensate

for damages (referred to as a "liability ruling" in the following paragraph)

prescribed in Article 42-12, paragraph (1) of the Act for the Settlement of

Environmental Pollution Disputes (Act No. 108 of 1970) if the case on the

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merits is a case seeking damages for suffering from environmental pollution

prescribed in Article 2 of said Act.

(6) If a conciliation case referred to in the preceding paragraph, labor tribunal

proceedings referred to in said paragraph, arbitration proceedings referred to

in said paragraph or liability ruling proceedings referred to in said paragraph

ends without a conciliation, a labor tribunal judgment (including when a

conciliation is reached under the provisions of Article 16 of the Civil

Conciliation Act (Act No. 222 of 1951) as applied mutatis mutandis pursuant to

the provisions of Article 29 of the Labor Tribunal Act, and when a labor

tribunal case ends pursuant to the provisions of Article 24, paragraph (1) of the

Labor Tribunal Act) an arbitration judgment or a liability ruling (including

when an agreement between the parties is reached pursuant to Article 42-24,

paragraph (2) of the Act for the Settlement of Environmental Pollution

Disputes) being reached, the obligee shall file an action on the merits within

the same period as the period specified under the provisions of paragraph (1)

from the date of the end of such case or proceedings.

(7) The provisions of paragraph (3) apply mutatis mutandis when the obligee has

failed to file an action on the merits under the provisions of the preceding

paragraph, and the provisions of paragraph (4) apply mutatis mutandis when

an action on the merits set forth in the preceding paragraph is filed or such

action is deemed to have been filed under the provisions of Article 22,

paragraph (1) of the Labor Tribunal Act (including when applied mutatis

mutandis pursuant to Article 23, paragraph (2) and Article 24, paragraph (2) of

said Act) and then has been withdrawn or dismissed.

(8) The provisions of the main clause of Article 16 and Article 17 apply mutatis

mutandis to a ruling under the provisions of paragraph (3) (including when

applied mutatis mutandis pursuant to the preceding paragraph).

(Revocation of a Provisional Remedy by Reason of a Change in Circumstances)

Article 38 (1) If the right or relationship of rights that must be preserved or the

necessity to preserve it no longer exists, or if there has been any other change

in circumstances, the court that issued the order for the provisional remedy or

the court hearing the case on the merits may revoke the provisional remedy

upon the petition of the obligor.

(2) The obligor must present a prima facie case showing the change in

circumstances referred to in the preceding paragraph.

(3) The provisions of the main clause of Article 16, Article 17, and Article 32,

paragraphs (2) and (3) apply mutatis mutandis to a ruling on a petition

referred to in paragraph (1).

(Revocation of a Provisional Remedy by Reason of Special Circumstances)

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Article 39 (1) If it is likely that an order of provisional disposition will cause

damage which cannot be compensated or if there are other special

circumstances, upon the petition of the obligor, the court that issued the order

of provisional disposition or the court hearing the case on the merits may

revoke the order of provision disposition, conditional upon the provision of

security.

(2) The obligor must present a prima facie case showing the special

circumstances referred to in the preceding paragraph.

(3) The provisions of the main clause of Article 16 and Article 17 apply mutatis

mutandis to a ruling on a petition set forth in paragraph (1).

(Application Mutatis Mutandis of Provisions on Objections to Provisional

Remedies)

Article 40 (1) The provisions of Articles 27 through 29, Article 31, and Articles

33 through 36 apply mutatis mutandis to a judicial decision involving the

revocation of a provisional remedy; provided, however, that the provisions of

Articles 27 through 29, Article 31, Article 33, Article 34 and Article 36 do not

apply to a judicial decision under the provisions of Article 37, paragraph (1).

(2) When a petition to revoke a provisional remedy is filed with the court hearing

the case on the merits other than the court that issued the order for the

provisional remedy, and the case record exists at the court that issued the

order for the provisional remedy, the court that issued the order for the

provisional remedy may also make a judicial decision under the provisions of

Article 27, paragraph (1) as applied mutatis mutandis pursuant to the

preceding paragraph.

Section 5 Appeal Against a Provisional Remedy

(Appeal Against a Provisional Remedy)

Article 41 (1) An appeal against provisional remedy may be filed against a

judicial decision on a filing of an objection to a provisional remedy or on a

petition to revoke a provisional remedy (including a judicial decision under the

provisions of Article 33 (including when applied mutatis mutandis pursuant to

paragraph (1) of the preceding Article)), within a un-extendable period of two

weeks from the day on which the judicial decision is served; provided, however,

that this does not apply to a judicial decision on a filing of an objection to a

provisional remedy issued by a court of appeal.

(2) If the court of prior instance receives an appeal against a provisional remedy,

it must refer the case to a court of appeal without assessing the existence of

grounds for appeal.

(3) No further appeal may be filed against a judicial decision on an appeal

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against a provisional remedy.

(4) The provisions of the main clause of Article 16, Article 17 and Article 32,

paragraphs (2) and (3) apply mutatis mutandis to a ruling on an appeal against

a provisional remedy; the provisions of Article 27, paragraphs (1), (4), and (5),

Article 29, Article 31, and Article 33 apply mutatis mutandis to a judicial

decision on an appeal against a provisional remedy; and the provisions of

Article 349 of the Code of Civil Procedure apply mutatis mutandis when a

judicial decision against which an appeal against a provisional remedy may be

filed becomes final and binding.

(5) If the case record exists at the court of prior instance, the court of prior

instance may also make a judicial decision under the provisions of Article 27,

paragraph (1) as applied mutatis mutandis pursuant to the preceding

paragraph.

(Judicial Decision to Stay the Effect of a Ruling Revoking an Order for a

Provisional Remedy)

Article 42 (1) If an appeal is filed against a ruling to revoke an order for a

provisional remedy, the court of appeal may, upon petition, order a stay of the

effect of the ruling to revoke the order for the provisional remedy while

requiring the provision of security immediately or on condition that security

will be provided, during the period until the court reaches a judicial decision on

the appeal, but only if a prima facie case is made to show circumstances that

are clearly grounds for revocation of the ruling of prior instance, and of the

likelihood that revoking the order will cause damage for which cannot be

compensated.

(2) The provisions of Article 15, Article 27, paragraph (4), and paragraph (5) of

the preceding Article apply mutatis mutandis to the judicial decision set forth

in the provisions of the preceding paragraph.

Chapter III Procedures for Executing a Provisional Remedy

Section 1 General Provisions

(Requirements for Executing a Provisional Remedy)

Article 43 (1) The execution of a provisional remedy is to be implemented based

on an authenticated copy of the order for the provisional remedy; provided,

however, that the execution of a provisional remedy against or in the interest

of a party other than the party indicated in the order for the provisional

remedy is to be implemented based on an authenticated copy of the order for

the provisional remedy with a certificate of execution attached thereto.

(2) A provisional remedy may not be executed when two weeks have elapsed from

the day on which the order for the provisional remedy is served upon the

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obligee.

(3) A provisional remedy may be executed even before the order for the

provisional remedy is served upon the obligor.

(Revocation of Execution of a Provisional Remedy by Reason of Failure to

Provide Additional Security)

Article 44 (1) If a judicial decision is reached to make the continuance of an

execution of a provisional remedy conditional upon the provision of security

pursuant to the provisions of Article 32, paragraph (2) (including when applied

mutatis mutandis pursuant to Article 38, paragraph (3) and Article 41,

paragraph (4); hereinafter the same applies in this paragraph), the obligee

must submit a document certifying that it has provided security within the

period specified under the provisions of Article 32, paragraph (2), to the court

executing the provisional remedy or to the court execution officer within one

week from the last day of such period.

(2) If the obligee fails to submit the document under the provisions of the

preceding paragraph, the court executing the provisional remedy or the court

execution officer must revoke the disposition that has already been made to

execute the provisional remedy if the obligor submits an authenticated copy of

the judicial decision set forth in said paragraph.

(3) The provisions of Article 40, paragraph (2) of the Civil Execution Act apply

mutatis mutandis to the revocation of a disposition of execution pursuant to

the provisions of the preceding paragraph.

(Special Provisions on the Court with Jurisdiction over a Third Party Action

Against Execution)

Article 45 A third party action against the execution of a provisional remedy

carried out by a high court as the court executing the provisional remedy falls

under the jurisdiction of the district court that has jurisdiction over the

location of the property to be provisionally seized or the disputed subject

matter.

(Application Mutatis Mutandis of the Civil Execution Act)

Article 46 Except as otherwise provided for in this Chapter, the provisions of

Articles 5 through 14, Article 16, Article 18, Article 23, paragraph (1), Article

26, Article 27, paragraph (2), Article 28, Article 30, paragraph (2), Articles 32

through 34, Articles 36 through 38, Article 39, paragraph (1), items (i) through

(iv), item (vi) and item (vii), Article 40, and Article 41 of the Civil Execution

Act apply mutatis mutandis to the execution of a provisional remedy.

Section 2 Execution of Provisional Seizures

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(Execution of a Provisional Seizure of Real Property)

Article 47 (1) A provisional seizure of real property prescribed in Article 43,

paragraph (1) of the Civil Execution Act (including property that is deemed to

be real property pursuant to the provisions of paragraph (2) of said Article) is

executed by way of registration of the provisional seizure or by way of

compulsory administration. These methods may be used jointly.

(2) The court that issued the order for provisional seizure has jurisdiction over a

provisional seizure that is executed by way of registration of the provisional

seizure, as the court executing the provisional remedy.

(3) A court clerk shall commission the registration of a provisional seizure.

(4) In the execution of a provisional seizure by way of compulsory administration,

the administrator must make a statutory deposit of the money to be allotted to

the liquidating distribution, etc. as calculated under the provisions of Article

107, paragraph (1) of the Civil Execution Act as applied mutatis mutandis

pursuant to the following paragraph, and notify the court executing the

provisional remedy of such circumstances.

(5) The provisions of Article 46, paragraph (2), Article 47, paragraph (1), Article

48, paragraph (2), Article 53, and Article 54 of the Civil Execution Act apply

mutatis mutandis to the execution of a provisional seizure by way of

registration of the provisional seizure, and the provisions of Article 44, Article

46, paragraph (1), Article 47, paragraph (2), the main clause of paragraph (6),

and paragraph (7), Article 48, Article 53, Article 54, Articles 93 through 93-3,

Articles 94 through 104, Article 106, and Article 107, paragraph (1) of said Act

apply mutatis mutandis to the execution of a provisional seizure by way of

compulsory administration.

(Execution of a Provisional Seizure of a Vessel)

Article 48 (1) The provisional seizure of a vessel is executed by way of

registration of the provisional seizure or by way of the court execution officer

being ordered to confiscate the document proving the nationality of the vessel

and any other documents necessary for the navigation of the vessel

(hereinafter referred to as the "certificate of the vessel's nationality, etc." in

this Article) and to submit them to the court executing the provisional remedy.

These methods may be used jointly.

(2) The court that issued the order for provisional seizure has jurisdiction over

the execution of a provisional seizure that is carried out by way of registration

of the provisional seizure as the court executing the provisional remedy, and

the district court that has jurisdiction over the location of the vessel has

jurisdiction over the execution of a provisional seizure that is carried out by

way of ordering the confiscation of the certificate of the vessel's nationality, etc.

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(3) The provisions of paragraph (3) of the preceding Article and the provisions of

Article 46, paragraph (2), Article 47, paragraph (1), Article 48, paragraph (2),

Article 53, and Article 54 of the Civil Execution Act apply mutatis mutandis to

the execution of a provisional seizure by way of registration of the provisional

seizure, and the provisions of Article 45, paragraph (3), Article 47, paragraph

(1), Article 53, Article 116 and Article 118 of said Act apply mutatis mutandis

to the execution of a provisional seizure by way of ordering the confiscation of

the certificate of the vessel's nationality, etc.

(Execution of the Provisional Seizure of Movables)

Article 49 (1) The provisional seizure of movables is executed by way of a court

execution officer taking possession of the movables.

(2) A court execution officer must make a statutory deposit of money that is

subject to the execution of a provisional seizure. The same applies to money

paid to a court execution officer with regard to a bill or note, check or any other

securities for payment of money, which is subject to the execution of a

provisional seizure and requires presentation for underwriting or payment or

requires a demand for payment within the period specified for exercising the

right to the same.

(3) If the movables subject to the execution of a provisional seizure are likely to

considerably decline in price or if retaining the movables requires an

inappropriate amount of costs, the court execution officer must sell the

movables by following the procedures for the sale of movables subject to

execution under the provisions of the Civil Execution Act, and make a

statutory deposit of the proceeds of such sale.

(4) The provisions of Articles 123 through 129, Article 131, Article 132 and

Article 136 of the Civil Execution Act apply mutatis mutandis to the execution

of a provisional seizure of movables.

(Execution of a Provisional Seizure of Claims and Other Property Rights)

Article 50 (1) The provisional seizure of a claim prescribed in Article 143 of the

Civil Execution Act is executed by the court that executes a provisional remedy

issuing an order prohibiting a third party obligor from providing performance

to the obligor.

(2) The court that issued the order for provisional seizure has jurisdiction over

the execution of a provisional seizure referred to in the preceding paragraph,

as the court that executes the provisional remedy.

(3) If a third party obligor has made a statutory deposit of money equivalent to

the amount of the claim for the payment of money against which the

provisional seizure was executed, the obligor is deemed to have made a

statutory deposit of money equivalent to the amount of money specified under

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the provisions of Article 22, paragraph (1); provided, however, that this does

not apply to any part of the deposit which exceeds the amount of money

equivalent to the specified amount.

(4) The provisions of paragraphs (1) and (2) apply mutatis mutandis to the

execution of a provisional seizure of any other property right.

(5) The provisions of Article 145, paragraphs (2) through (5), Articles 146

through 153, Article 156, Article 164, paragraphs (5) and (6), and Article 167 of

the Civil Execution Act apply mutatis mutandis to the execution of a

provisional seizure of a claim and any other property right as set forth in

paragraph (1).

(Revocation of Execution of a Provisional Seizure by Reason of a Deposit of

Money for Release from a Provisional Seizure)

Article 51 (1) If an obligor proves that it has made a statutory deposit of money

equivalent to the amount of money specified under the provisions of Article 22,

paragraph (1), the court executing the provisional remedy must revoke the

execution of the provisional seizure.

(2) Notwithstanding the provisions of Article 12, paragraph (2) of the Civil

Execution Act as applied mutatis mutandis pursuant to Article 46, a ruling

made under the provisions of the preceding paragraph becomes effective

immediately.

Section 3 Execution of a Provisional Disposition

(Execution of a Provisional Disposition)

Article 52 (1) The execution of a provisional disposition is governed by the rules

for the execution of a provisional seizure or compulsory execution, in addition

to the provisions of this Section.

(2) In the execution of a provisional disposition that orders the delivery of

property or any other action or inaction, the order of provisional disposition is

deemed to be the title of obligation.

(Execution of a Provisional Disposition Prohibiting the Disposal of Property in

Order to Preserve the Right to Claim the Registration of Real Property)

Article 53 (1) A provisional disposition prohibiting the disposal of property in

order to preserve the right to claim the registration (excluding provisional

registration) of a right to real property (hereinafter referred to as the "right to

claim registration") is executed by registration of the prohibition of disposal.

(2) A provisional disposition prohibiting the disposal of property in order to

preserve the right to claim a registration with regard to the preservation,

establishment, or change of a right to real property other than an ownership

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right is executed by provisional registration through a provisional disposition

(hereinafter referred to as a "provisional registration for the purpose of

preservation"), together with the registration of the prohibition of disposal

referred to in the preceding paragraph.

(3) The provisions of Article 47, paragraphs (2) and (3), and the provisions of

Article 48, paragraph (2), Article 53, and Article 54 of the Civil Execution Act

apply mutatis mutandis to the execution of a provisional disposition

prohibiting the disposal of property set forth in the preceding two paragraphs.

(Execution of a Provisional Disposition Prohibiting the Disposal of Property in

Order to Preserve the Right to Claim the Registration of a Right Other Than

a Right to Real Property)

Article 54 The provisions of the preceding Article apply mutatis mutandis to the

execution of a provisional disposition prohibiting the disposal of property in

order to preserve the right to claim the registration (excluding provisional

registration) of a right other than a right to real property, for which the

restriction on disposal may not be duly asserted against a third party or which

is not effective until registered.

(Execution of an Order of Provisional Disposition Prohibiting the Transfer of

Possession Issued Without Specifying the Obligor)

Article 54-2 An order of provisional disposition prohibiting the transfer of

possession issued under the provisions of Article 25-2, paragraph (1) may not

be executed if it is not possible to specify the possessor of real property that

constitutes the disputed subject matter, at the time the real property is

released from a person's possession.

(Execution of a Provisional Disposition Prohibiting the Disposal of a Building

in Order to Preserve the Right to Claim the Removal of the Building and the

Surrender of Land)

Article 55 (1) When an order of provisional disposition is issued to prohibit the

disposal of a building in order to preserve the right to claim the removal of the

building and the surrender of the land on which it stands, the provisional

disposition is executed by registration of the prohibition on the disposal of the

property.

(2) The provisions of Article 47, paragraphs (2) and (3), and the provisions of

Article 48, paragraph (2), Article 53, and Article 54 of the Civil Execution Act

apply mutatis mutandis to the execution of a provisional disposition

prohibiting the disposal of property set forth in the preceding paragraph.

(Commissioning the Registration of a Provisional Disposition Suspending

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Performance of Duties by the Representative of a Juridical Person, etc.)

Article 56 When an order of provisional disposition is issued that suspends the

performance of duties by the person registered as the representative or any

other officer of a juridical person or that appoints a person to execute such

duties on behalf of the registered person, or when a ruling is made that

changes or revokes such an order of provisional disposition, the court clerk

shall commission the registration to the registry office that has jurisdiction

over the location of the head office or principal office of the juridical person (for

a foreign juridical person, the location of each office); provided, however, that

this does not apply if these matters should not be registered.

(Revocation of Execution of a Provisional Disposition by Reason of a Deposit of

Money for Release from a Provisional Disposition)

Article 57 (1) If the obligor proves that it has made a statutory deposit of money

equivalent to the amount of money specified under the provisions of Article 25,

paragraph (1), the court executing the provisional remedy must revoke the

execution of the provisional disposition.

(2) The provisions of Article 51, paragraph (2) apply mutatis mutandis to a ruling

made under the provisions of the preceding paragraph.

Chapter IV Effect of a Provisional Disposition

(Effect of a Provisional Disposition Prohibiting the Disposal of Property in

Order to Preserve the Right to Claim the Registration of Real Property)

Article 58 (1) If the obligee under a provisional disposition set forth in Article 53,

paragraph (1) registers a right to claim a registration that must be preserved,

the acquisition of a right or a restriction on disposal which is registered after

the registration of a prohibition on disposal as referred to in said paragraph

may not be duly asserted against such obligee to the extent that it is in conflict

with the acquisition or extinction of the registered right.

(2) In the case referred to in the preceding paragraph, the obligee under a

provisional disposition set forth in Article 53, paragraph (1) (excluding the

obligee under a provisional disposition set forth in paragraph (2) of said

Article) may cancel a registration that is made after a registration prohibiting

the disposal of property set forth in paragraph (1) of said Article.

(3) The registration of the right to claim a registration that must be preserved by

an obligee under a provisional disposition set forth in Article 53, paragraph (2)

will be made by way of a principal registration based on a provisional

registration for the purpose of preservation.

(4) When the obligee under a provisional disposition set forth in Article 53,

paragraph (2) makes a registration pursuant to the provisions of the preceding

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paragraph, if a right connected with the right to claim a registration that must

be preserved through that provisional disposition is a right to use or profit

from real property, the obligee may cancel any registration of the acquisition of

the right to use or profit from the real property (excluding an ownership right)

or a right established on such right, which is made after the prohibition on the

disposal of property set forth in paragraph (1) of said Article is registered.

(Notice of a Registration's Cancellation)

Article 59 (1) In order for the obligee under a provisional disposition to cancel a

registration pursuant to the provisions of paragraph (2) or paragraph (4) of the

preceding Article, it must notify the registered holder of rights to that effect in

advance.

(2) The notice under the provisions of the preceding paragraph may be sent to the

domicile or the office of the registered holder referred to in said paragraph as

indicated in the registry as of the time the notice is sent. When such is the case,

the notice is deemed to have arrived at the destination when one week has

elapsed from the day on which it was sent, at the latest.

(Correction of an Order of Provisional Disposition, etc.)

Article 60 (1) If the description of a right under a provisional registration for the

purpose of preservation is inconsistent with the description of the right in the

title of obligation on the merit that a principal registration must be made

based on the provisional registration for the purpose of preservation, the court

that issued the order of provisional disposition prohibiting the disposal of

property set forth in Article 53, paragraph (2) must correct the order upon the

petition of the obligee.

(2) An immediate appeal may be filed against a corrective ruling under the

provisions of the preceding paragraph.

(3) When a corrective ruling under the provisions of paragraph (1) has become

final and binding, the court clerk must commission the correction of the

provisional registration for the purpose of preservation.

(Effect of a Provisional Disposition Prohibiting the Disposal of Property in

Order to Preserve the Right to Claim the Registration of a Right Other Than

a Right Related to Real Property)

Article 61 The provisions of the preceding three Articles apply mutatis mutandis

to the effect of a provisional disposition prohibiting the disposal of property

prescribed in Article 54.

(Effect of an Order of Provisional Disposition Prohibiting the Transfer of

Possession)

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Article 62 (1) When an order of provisional disposition prohibiting the transfer

of possession has been executed, the obligee may execute the compulsory

delivery or surrender of the disputed subject matter against either of the

following persons based on the title of obligation on the merits:

(i) a person who takes possession of the disputed subject matter with the

knowledge that the order of provisional disposition prohibiting the transfer

of possession has been executed; or

(ii) a person who succeeds the obligor's possession of the disputed subject

matter after the execution of the order of provisional disposition prohibiting

the transfer of possession, without the knowledge that said order has been

executed.

(2) A person who takes possession of disputed subject matter after the execution

of an order of provisional disposition prohibiting the transfer of possession is

presumed to have taken possession of the disputed subject matter with the

knowledge that said order has been executed.

(Reasons for Objecting to the Granting of a Certificate of Execution)

Article 63 When a certificate of execution against a person other than the obligor

set forth in paragraph (1) of the preceding Article has been granted with

regard to a title of obligation on the merits set forth in said paragraph, such

person may object to the certificate of execution being granted on grounds that

the person possesses the subject matter under a title that may be duly asserted

against the obligee, or on grounds that the person had no knowledge of the

provisional disposition having been executed and is not the successor to the

obligor's possession.

(Effect of a Provisional Disposition Prohibiting the Disposal of a Building in

Order to Preserve the Right to Claim the Removal of the Building and the

Surrender of Land)

Article 64 If a prohibition on the disposal of property set forth in Article 55,

paragraph (1) has been registered, the obligee may execute the compulsory

removal of a building and the surrender of the land on which it stands, against

a person who acquires the building after the registration is made, based on the

title of obligation on the merits.

(Exercise of the Right to Money for Release in a Provisional Disposition to

Preserve the Right to Request the Rescission of a Fraudulent Act)

Article 65 If a statutory deposit of money equivalent to the amount of money set

forth in Article 25, paragraph (1) has been made as specified by an order of

provisional disposition in order to preserve a right to request the rescission of a

fraudulent act under the provisions of Article 424, paragraph (1) of the Civil

21

Code (Act No. 89 of 1896), the obligor set forth in Article 424, paragraph (1) of

said Code acquires the right to claim a refund of the deposit money

(hereinafter referred to as a "claim for a refund"). When such is the case, the

claim for a refund may be exercised only if the obligee under the provisional

disposition effects a compulsory execution of the claim for the refund based on

a title of obligation against the obligor set forth in Article 424, paragraph (1) of

said Code after the execution of the provisional disposition has been revoked

pursuant to the provisions of Article 57, paragraph (1) and a judgment on the

merits concerning the right that must be preserved has become final and

binding.

Chapter V Penal Provisions

(Crime of Damaging a Written Public Notice, etc.)

Article 66 A person who damages a written public notice or any other sign

posted by a court execution officer pursuant to the provisions of Article 168-2,

paragraph (3) or paragraph (4) of the Civil Execution Act that are applicable

pursuant to the provisions of Article 52, paragraph (1) is punishable by

imprisonment with work for not more than one year or a fine of not more than

one million yen.

(Crime of Refusing to Make a Statement, etc.)

Article 67 An obligor or a third party in possession of the real property, etc.

prescribed in Article 168, paragraph (2) of the Civil Execution Act as applicable

pursuant to the provisions of Article 52, paragraph (1), who fails to give a

statement, refuses to present a document, gives a false statement, or presents

a document containing a false statement, without justifiable grounds, in

response to a question or a request for the submission of a document by a court

execution officer under the provisions of said paragraph is punishable by

imprisonment with work for not more than six months or a fine of not more

than 500,000 yen.

Supplementary Provisions [Extract]

(Effective Date)

Article 1 This Act comes into effect as of the day to be specified by Cabinet Order

within a period not exceeding two years from the date of its promulgation.

(Transitional Measures upon the Partial Revision of the Code of Civil

Procedure and the Civil Execution Act)

Article 4 With regard to a case involving a provisional seizure or provisional

22

disposition based on an application for an order for provisional seizure or

provisional disposition filed prior to the enforcement of this Act, the provisions

then in force remain applicable.

(Transitional Measures upon the Partial Revision of the Personal Status

Litigation Procedure Act)

Article 6 With regard to a case involving a provisional disposition based on an

application for an order of provisional disposition prescribed in Article 16 of

the Personal Status Litigation Procedure Act filed prior to the enforcement of

this Act, the provisions then in force remain applicable.

(Transitional Measures upon the Partial Revision of the Real Property

Registration Act)

Article 8 The provisions of Article 146-2, paragraph (3) of the Real Property

Registration Act revised under the provisions of the preceding Article apply

mutatis mutandis to the cancellation of a registration that is made after the

registration of a provisional disposition prohibiting the disposal of property in

order to preserve the right to claim the registration of a right related to real

property, which was issued based on an application for an order of provisional

disposition that was filed prior to the enforcement of this Act (for a provisional

disposition set forth in Article 15-3, paragraph (1) of the Act on Adjudication of

Domestic Relations, limited to an order for a provisional remedy prior to

adjudication prescribed in Article 12 of the Supplementary Provisions), the

cancellation of which is based on an application filed by the obligee.

(Transitional Measures upon the Partial Revision of the Act on Adjudication of

Domestic Relations)

Article 12 With regard to a case involving an order for a provisional remedy

prior to an adjudication prescribed in Article 15-3, paragraph (1) of the Act on

Adjudication of Domestic Relations (including a judicial decision set forth in

paragraph (5) of said Article), that was made prior to the enforcement of this

Act, the provisions then in force remain applicable.

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