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This
translation of the Family Registration Law of Japan is unofficial. We
are not responsible for any errors or ambiguities. The Japanese text
always prevails. Office of Jeremy D. Morley
Text of the
FAMILY REGISTRATION LAW of Japan
(戸籍法
koseki-ho)
CHAPTER
I
GENERAL PROVISIONS
Management of family register
affairs
Article 1.
1. The affairs concerning the family register shall be managed by the
mayor of a city, town, or village.
2. The affairs under the preceding
paragraph shall be the affairs under legal requisition number 1
prescribed by Article 2 paragraph 9 item (1) of Local Autonomy Law (Law
No. 67 of 1947).
Exclusion of person managing
family register affairs
Article 2.
No mayor of a city, town or village may perform the
functions with respect to any family registration relating to himself,
the spouse, lineal ascendant or lineal descendant thereof.
Supervision of family register
affairs
Article 3.
The Minister of Finance shall, in respect of the conduct
of family registration affairs by the mayor of city, town, or village,
provide for the standard to be relied on.
2. The director of the Legal
Affairs Bureau or the District Legal Affairs Bureau which has
jurisdiction over the seat of an office of city, town, or village shall,
when it is recognized to be necessary for management of family
registration affairs, ask the mayor of a city, town or village for
reports or advice. In this case, he/she may indicate to him/her when it
is recognized to be specially necessary to obtain proper management of
family registration affairs.
3. With respect to registration
affairs, the provisions of Article 245-4, Article 245-7 paragraph 2 item
(i), paragraph 3, and paragraph 4, Article 245-8 paragraph 12 and
paragraph 13 as well as Article 245-9 paragraph 2 item (i), paragraph 3
and paragraph 4 of Local Autonomy Law shall not apply.
Exceptions in case of ward,
special city, etc.
Article 4.
In respect of areas which constitute the wards of the
Metropolis, the provisions of this Law relating to a city, city mayor
and city office shall apply mutatis mutandis to a ward, ward headman,
and ward office respectively. The same shall also apply to the
designated cities mentioned in Article 252-19 paragraph 1 of the Local
Autonomy Law.
Article 5.
Deleted.
CHAPTER
II
FAMILY REGISTER
Establishment of family register
Article 6.
A family register shall be established for each husband
and wife who have their registered locality within the district of a
city, town, or village and for each child who has the same surname as
they have. Provided that, if a family-register is newly established for
a person who is married to a non-Japanese national (hereinafter referred
to as a “foreign national”) or person who has no spouse, it shall be
established for each such person and each child thereof who has the same
surname as such person has.
Family register book
Article 7.
Family registers shall be bound together and compiled
into books.
Original and duplicate of family
register
Article 8. 1.
Every family register shall be established in duplicate, the original
and the copy thereof.
2. The original shall be kept in an
office of the city, town, or village, and the copy shall be preserved in
a competent Legal Affairs Bureau, District Legal Affairs Bureau or its
branch bureau.
Identification of family register
Article 9.
A family register shall be identified by the full name
and registered locality of the person who appears first in the family
register. The same shall also apply after such person has been struck
off a family register.
Article 10.
1. Any person may request a copy or abstract from
a family register, or a certificate concerning the matters stated in a
family register.
2. The request under the preceding
paragraph shall, except in cases prescribed by the Ministry of Justice,
be made by explaining the reason.
3. The mayor of a city, town or
village may, if it is clear that a request under paragraph 1 is made for
an unjust purpose, refuse it.
4. Any person who makes a request
under paragraph 1 may apply for delivery of a copy, abstract or
certificate under said paragraph by mail or otherwise by the method
prescribed by the Ministry of Justice Ordinance.
Remanufacture or complement of
registration book of family
Article 11
If a registration book of family or any part thereof has
been destroyed or is believed to be destroyed, the Minister of Justice
shall direct such disposition as deemed necessary for its remanufacture
or complement. In this case, where it has been destroyed, a public
notice to that effect shall be given.
Remanufacture of family register
Article 11-2
1. With respect to a false notice, etc. (meaning a
notice, report, application, demand or commission, a copy of a document
or log-book, or a judicial decision; hereinafter the same in this
paragraph) or a notice by mistake, etc., or a family register which has
made entry of such a past mistake by the mayor of a city, town or
village, further made a correction entry of such family register under
the provisions of Article 24 paragraph 2, Article 113, Article 114 or
Article 116, when a demand for remanufacture of a family register is
given by a person appearing in the said family register, which the
matters concerning the said correction are not made appeared, the
Minister of Justice shall direct such disposition as deemed necessary
for its remanufacture. However, this shall not apply if the family
register has become of any mistake or omission is made in such statement
through remanufacture.
2. With respect to a family register
which was made the rectification of the statement, addition or deletion
when the mayor of city, town or village described, when a demand to
remanufacture of family register is given from a person appearing in the
said family register, which the matters concerning the said correction,
addition or deletion are not made appeared, the same shall apply as the
main sentence of the preceding paragraph.
Struck-off registration book of
family
Article 12.
1. If all the constituent members of a family have been
struck off the family register, such family register shall be detached
from the registration book of family to be bound together and to be kept
as a struck-off registration book of family.
2. The provisions of Article 9,
Article 11 and the preceding Article shall apply mutatis mutandis with
respect to a struck-off registration book of family and a family
register detached from a registration book of family.
Request for copy, etc. of
struck-off registration book of family
Article 12-2.
1. A person entered in the struck-off family register or
such person’s spouse, direct ancestor, or lineal descendant may request
delivery of a copy or an abstract of the struck-off family register, or
a certificate concerning the matters entered in the struck-off family
register. The same shall also apply to an official of the State or local
public entities, lawyer and other person as prescribed by the Ministry
of Justice Ordinance.
2. Any person other than those
provided for in the preceding paragraph may make a request under said
paragraph only when necessary for certifying inheritance relation and in
the cases prescribed by the Ministry of Justice Ordinance.
3. The provisions of Article 10
paragraph 4 shall apply mutatis mutandis when a request under paragraph
1 is made.
CHAPTER III
REGISTRATION IN FAMILY REGISTER
Particulars to be stated
Article 13.
A family register shall, for each person in the same
family, state therein the following particulars in addition to the
registered locality:
(1)
The full name;
(2)
The date of birth;
(3)
The cause for which a person is entered in
the family register and the date of the entrance;
(4)
The full names of a person’s natural
parents and his personal relationship with the natural parents;
(5)
If a person is an adopted child, the full
names of its adoptive parents and its personal relationship with the
adoptive parents;
(6)
In respect of husband and wife, statement
of a husband or wife;
(7)
In respect of a person who has entered in
the family register from another one, the indication of the latter’s
family register;
(8)
Other matters prescribed by Ministry of
Justice Ordinance.
Statement order of full names
Article 14.
1. The statement of the full names shall be made in the
following order:
(1)
If a husband and wife assume the surname of
the husband, the husband; if they assume the surname of the wife, the
wife;
(2)
The spouse;
(3)
The children.
2. Between children, the priority
shall be given by the order of their birth.
3. With respect to a person for whom
the cause to be entered in a family register occurred after it was
established, the entry shall be placed at the end of the family
register.
Entry procedure in family
register
Article 15.
Any entry in a family register shall be made upon a
notice, report, application, demand or commission, a copy of a document
or log-book, or a judicial decision.
Marriage
Article 16.
1. If a notice of marriage is given, a new family
register shall be established for a husband and wife. Provided that,
this shall not apply if, in the case of a husband and wife assuming the
surname of the husband, the husband is a person appearing first in a
family register or if, in the case of a husband and wife assuming the
surname of the wife, the wife is a person appearing first in a family
register.
2. In the case mentioned in the
proviso to the preceding paragraph, a wife assuming the surname of her
husband shall be entered in the family register of the husband, and a
husband assuming the surname of the wife shall be entered in the family
register of the wife.
3. If a notice of marriage between a
Japanese national and a foreign national is given, a new family register
shall be established for the Japanese national. Provided that, this
shall not apply if the Japanese national is a person appearing first in
a family register.
Child of person other than person
appearing first in family register
Article 17.
If any person other than a person appearing first in a
family register and a spouse thereof have a child or an adoptive child
assuming the same surname as the said person, a new family register
shall be established for such person.
Register of child, adoptive
child
Article 18.
1. A child who assumes the surname of its father and
mother shall be entered in the family register of the father and
mother.
2. Except in the case mentioned in
the preceding paragraph, a child who assumes the surname of its father
shall be entered in the family register of the father, and a child who
assumes the surname of its mother shall be entered in the family
register of the mother.
3. An adoptive child shall be
entered in the family register of the adoptive parents.
Register of person resuming
former surname by reason of divorce, etc.
Article 19.
1. If a person who has changed his or her surname by
marriage or adoption resumes the surname that the person assumed before
marriage or adoption, by reason of divorce, dissolution of an adoptive
relation, or annulment of marriage or adoption, such person shall be
entered in the family register in which such person was registered
before marriage or adoption. Provided that if the family register has
already been removed or if such person declares his or her intention to
have a new family register established, a new family register shall be
established.
2. The provisions of the preceding
paragraph shall apply mutatis mutandis in cases where the surname
assumed before marriage is resumed in accordance with the provisions of
Article 751 paragraph 1 of the Civil Code and where the former surname
is resumed in accordance with the provisions of Article 791 paragraph 4
of the Civil Code.
3. In the case where it is notified
that the surname assumed at the time of divorce or annulment of
marriage, or dissolution of an adoptive relation or adoption is assumed
in accordance with the provisions of Article 767 paragraph 2 of the
Civil Code (including the cases applied mutatis mutandis in Article 749
and Article 771 of the said Code) or Article 816 paragraph 2 of the said
Code (including the cases applied mutatis mutandis in Article 808
paragraph 2 of the said Code), if a family register in which a person
giving such notice appears first is not made up or if there is any other
person entered in a family register in which the person appears first, a
new family register shall be made up for the person giving such notice.
Ditto – person having spouse
Article 20
If a person who is to be entered in another family
register in accordance with the provisions of the preceding two Articles
has a spouse, a new family register shall be established for such
husband and wife, notwithstanding the provisions of the preceding two
Articles.
Establishing new family register
due to change of surname.
Article 20-2
1. If, in a case in which notice is given that a surname
has been changed in accordance with the provisions of Article 107
paragraph 2 or paragraph 3, there is any other person entered in the
family register of a person giving such notice, a new family register
shall be established for the person giving such notice.
2. If notice is given that a surname
has been changed in accordance with the provision of Article 107
paragraph 1 as applied mutatis mutandis in paragraph 4 of the said
Article, a new family register shall be established for the person to
whom such matter occurred.
Establishing new family register
by notice of special adoption
Article 20-3
1. If a notice of adoption is given in accordance with
the provision of Article 68-2, a new family register shall be
established for an adoptive child first. Provided that, this shall not
apply if an adoptive child is entered in a family register of its
adoptive parents.
2. The provisions of Article 14
paragraph 3 shall apply mutatis mutandis in the case of the proviso to
the preceding paragraph.
Separation from present family
register
Article 21.
1. A person who has attained majority may separate from
the present family register. Provided that, this shall not apply to a
person who appears first in the family register and such person’s
spouse.
2. If a notice of separation from
the present family register is given, a new family register shall be
established.
Person having no family register.
Article 22.
If a new entry in a family register is required to be
made for a person who is not entered in a family register, a new family
register shall be established for the person, excepting a person who is
to be entered in the family register of his father or mother.
Removal from former family
register
Article 23.
A person for whom a new family register is established or who is entered
in another family register in accordance with the provisions of Articles
16 through 21 shall be removed from the former family register. The same
shall also apply to a person who has died, against whom a judicial
declaration of disappearance has been made, or who has lost Japanese
nationality.
Rectification of family
register.
Article 24.
1. Upon finding that any statement in a family register
is legally impermissible or any mistake or omission is made in such
statement, the mayor of a city, town or village shall, without delay,
give notice to that effect to the notice-giver or the person to whom the
notifiable matter occurred. Provided that, this shall not apply if such
mistake or omission has been caused through the negligence of the mayor
of a city, town or village.
2. If the notice under the preceding
paragraph is unable to be given or if no person applies for
rectification of the statement in a family register even though such
notice has been given, the mayor of a city, town or village may, with
the leave of the chief of the competent Legal Affairs Bureau or District
Legal Affairs Bureau, rectify the statement. The same shall also apply
in a case under the proviso to the preceding paragraph.
3. A court or any other governmental
authority, a public procurator, or any other governmental official, who
has come to know in the performance of his duties that any statement in
a family register is legally impermissible or any mistake or omission is
made in such statement, shall without delay, give notice to that effect
to the mayor of the city, town or village which is the registered
locality of the person to whom the notifiable matter occurred.
CHAPTER
IV
NOTICES
Section 1 General Provisions
District of Notice
Article 25.
1. A notice shall be given in the district of the
registered locality of the person to whom a notifiable matter occurred
or the district of the notice-giver’s residence.
2. A notice concerning a foreign
national shall be given in the district of the notice-giver’s
residence.
Cases where registered locality
became known after notice
Article 26.
In cases where a notice is received with respect to a
person whose registered locality had been unknown or who had not yet
been registered anywhere and thereafter the registered locality of such
person has become known or such person has been registered in a family
register, the notice-giver or the person to whom the notifiable matter
occurred shall, within ten days of his becoming aware of such fact, give
notice to that effect to the mayor of the city, town or village who had
accepted the aforesaid notice, indicating the matter formerly notified.
Method of notice
Article 27.
Any notice may be given either in writing or orally.
Form of notice
Article 28.
1. The Minister of Justice may, having regard to
the nature of a matter, fix the form of a notice.
2. In the case mentioned in the
preceding paragraph, a notice of such matter shall be given in
accordance with the form. Provided that this shall not apply in cases
where there exists any reason for which noncompliance with the form is
rendered imperative.
Particulars to be stated in
notice
Article 29.
Any written notice shall be signed and sealed by the
notice-giver and the following particulars shall be stated therein:
(1)
The notifiable matters;
(2)
The date of the notice;
(3)
The date of birth and the residence of the
notice-giver as well as the indication of the family register in which
he is registered;
(4)
If a notice-giver is not the person to whom
the notifiable matter occurred, the full name, date of birth, and
residence of the person to whom the notifiable matter occurred, the
indication of the family register in which such person is registered and
the qualification of the notice-giver.
Ditto
Article 30.
1. By reason of the matter notified, if the notice-giver
or the person to whom such matter occurred is to be entered in another
family register, the indication of the family register shall be stated
in the notice; if such person is to be struck off the former family
register, the indication of the former family register shall be stated
therein, and if a new family register is to be made up for such person,
the statement to that effect, the cause for making up a new family
register, and a new registered locality of such person shall be stated
therein.
2. If, by reason of the matter
notified, any other person than a notice-giver or person to whom such
matter occurred is to be entered in another family register or a new
family register is to be made up for such person, the notice shall state
therein the particulars mentioned in the preceding paragraph according
to differentiation being made by whether such person is to be entered in
another family register or a new family register is to be made up for
such person, in addition to the statements of full name, date of birth
and residence of such person.
3. If a new family register is to be
made up for a person other than a notice-giver, it shall be deemed that
the registered locality of such person is the same as the former
registered locality thereof.
Notice by person under
disability
Article 31.
If a person who is bound to give notice is a minor or a
major ward, a person exercising parental power or a guardian thereof
shall be regarded as a person bound in duty to give notice. Provided
that, this shall not preclude a minor or major ward from giving notice.
2. In cases where a person
exercising parental power or a guardian gives notice, particulars
mentioned in the following shall be stated in the notice:
(1)
The full name, the date of birth and the
registered locality of the person who is bound to give notice;
(2)
The cause for the limited ability of such
person;
(3)
The statement that the notice-giver is the
person exercising parental authority or the guardian.
Ditto
Article 32.
In respect of an act which may be validly conducted by a
minor or a major ward without consent of the legal representative, such
person shall give notice thereof.
Notice of matter requiring
witness
Article 33.
With respect to a notice of a matter requiring a witness,
the witness shall state in the notice the date of his birth, his
residence and registered locality, and shall affix his signature and
seal thereto.
Matters not existing or unknown
Article 34.
1. If any matter which is to be stated in a notice does
not exist or is unknown, the statement to that effect shall be contained
in the notice.
2. No mayor of a city, town or
village shall accept a notice that does not state therein the matters
deemed specially important.
Additional particulars to be
stated.
Article 35.
In addition to the particulars prescribed to be stated in
this Law or by other laws or ordinances, a notice shall state therein
the particulars necessary for bringing out clearly the matters to be
registered in a family register.
Number of notice
Article 36.
1. In cases where registration in a family register is to
be effected at two or more city offices, town offices or village
offices, as many written notices as the number of such offices shall be
presented.
2. If a notice is given at a place
outside the district covering the registered locality of the person, one
more written notice shall be presented in addition to those which shall
be presented in pursuance of the provision of the preceding paragraph.
3. In the cases mentioned in the
preceding two paragraphs, the mayor of a city, town or village may, if
it be deemed proper, make copies of the written notice, and substitute
such copies for the written notices required.
Oral notice, notice by
representative
Article 37.
1. In order to give a notice of a matter orally, the
notice-giver shall attend at the appropriate city office, town office or
village office and state orally the particulars which are to be stated
in the written notice of such matter.
2. The mayor of a city, town or
village shall put the oral statement of the notice-giver in writing,
enter the date of notice in the writing, read it to the notice-giver,
and make the notice-giver affix the signature and seal to the writing.
3. If, by reason of sickness or for
any other causes, the notice-giver is unable to attend, he shall give
the notice through his representative. Provided that, this shall not
apply to the notice mentioned in Articles 60, 61, 66, 68, Articles 70
through 72, Articles 74 and 76.
Notice of matters needing consent
or assent
Article 38.
1. If, in respect of a matter to be notified, it is
necessary to obtain the consent or assent of a father, mother or any
other person, a writing proving such consent or assent shall be annexed
to the written notice of the matter. Provided that, it shall suffice to
have the person who has given his consent or assent state to that effect
and sign and seal in the written notice.
2. If it is necessary to obtain the
license of a court or governmental authority in respect of a notifiable
matter, a copy of the decision or license shall be annexed to the
written notice.
Application mutatis mutandis of
provisions of notice
Article 39.
The provisions relating to a written notice shall apply
mutatis mutandis to the writings under Article 37 paragraph 2 and
paragraph 1 of the preceding Article.
Notice in foreign country
Article 40.
A Japanese national who is in a foreign country may, in
accordance with the provisions of this Law, give notice to the Japanese
ambassador, minister or consul residing in that country.
Ditto
Article 41.
If a Japanese national who is in a foreign country has a
document executed in respect of a notifiable matter in accordance with
the established form of that country, he shall, within three months,
present a copy of such document to the Japanese ambassador, minister or
consul residing in that country.
2. If there is no Japanese
ambassador, minister or consul residing in that country, the Japanese
national shall, within three months, dispatch a copy of such document to
the mayor of the city, town or village which is the registered locality
of the Japanese national.
Ditto
Article 42.
The ambassador, minister or consul who has received
papers in accordance with the provisions of the preceding two Articles
shall, without delay, send them through the Minister for Foreign Affairs
to the mayor of the city, town or village which is the registered
locality of the person to whom the notifiable matter occurred.
Date from which notice period
begins to run
Article 43.
The period of time within which a notice is to be given
is to be computed from the day on which a judicial decision became final
and conclusive; if the judicial decision has become final and conclusive
before it is served or delivered, such period of time shall be computed
as from the day on which the service or the delivery thereof is
effected.
Peremptory notice for notice
Article 44.
1. If the mayor of a city, town or village has become
aware of a person’s default in giving notice, the mayor shall, fixing a
reasonable period, give a peremptory notice demanding notice to be given
within such period to the person bound in duty to give notice.
2. If the person bound in duty to
give notice fails to do so within the period fixed in accordance with
the preceding paragraph, the mayor of a city, town or village may,
fixing a further period, give a peremptory notice.
3. In cases where the peremptory
notice mentioned in the preceding two paragraphs are unable to be given
or in cases where, although such peremptory notice has been given, the
provisions of Article 24 paragraph 2 shall apply mutatis mutandis
thereto; and in cases where a court or other governmental authority or a
public procurator or other governmental official has become aware of any
person’s default of giving notice in the performance of his duties, the
provisions of paragraph 3 of the said Article shall apply mutatis
mutandis thereto.
Complement of notice
Article 45.
If, in cases where the mayor of a city, town or village
has received a notice, he is unable to effectuate the registration by
reason of a defect in the written notice, he shall have it complemented
by a notice giver. In this case, the provisions of the preceding Article
shall apply mutatis mutandis.
Notice after lapse of period
Article 46.
Even if a notice is given after the lapsed of the period
of time within which it should be given, the mayor of a mayor of a city,
town or village shall accept the same.
Notice received after death
Article 47.
1. The mayor of a city, town or village shall accept a
written notice even after the death of a notice-giver, if it was mailed
before the death.
2. When a written notice has been
received in accordance with the provisions of the preceding paragraph,
the notice shall be deemed to have been given at the time of the death
of the notice-giver.
Certificate of acceptance or
non-acceptance of notice
Article 48.
1. Any notice-giver may apply for the issuance of a
certificate of acceptance or non-acceptance of a notice.
2. Any person interested may, only
in cases where there exists a special reason therefor, apply for
inspection of the written notice and other papers received by the mayor
of a city, town or village, or apply for the issuance of a certificate
in respect of any particulars stated in such papers.
3. The provisions of Article 10
paragraph 4 shall apply mutatis mutandis in the cases mentioned in the
preceding two paragraphs.
Section 2 Birth
Notice of birth
Article 49.
1. A notice of birth shall be given within fourteen days (if birth took
place outside the country, within three months).
2. A written notice of birth shall
state the following particulars:
(1) Sex of
a child and whether it is a legitimate child or not;
(2) Date,
time and place of the birth;
(3) Full
names and registered locality of its father and mother; if either father
or mother is a foreign national, full name and nationality thereof;
(4) Other
matters prescribed by the Ministry of Justice Ordinance.
3. In cases where a medical
practitioner, midwife or any other person attended at the birth, a
certificate of birth which is made as provided for by Ministry of
Justice Ordinance, Ministry of Health, Labor and Welfare Ordinance, by
any one of such persons according to the order of a medical
practitioner, midwife and other person, shall be annexed to the written
notice. Provided that, this shall not apply if there are unavoidable
reasons.
Name of child
Article 50.
1. In order to indicate the name of a child, it is
required to use ordinary and plain characters.
2. The characters which are within
the limit or ordinary and plain characters shall be determined by
Ministry of Justice Ordinance.
Place of notice
Article 51
1. A notice of birth should be given in the
district within which the birth occurred.
2. If the birth occurred in
transportation facilities (excluding a ship; hereinafter the same), such
as a train, the notice of birth may be given in the district where the
mother alighted from the transportation facilities, and if the birth
occurred on board a ship which keeps no logbook in the district of the
port where the ship first entered.
Person bound in duty to give
notice
Article 52
1. A notice of birth of a legitimate child shall be given
by its father or its mother, and if the father and mother have divorced
before the birth of a child, by its mother.
2. A notice of birth of an
illegitimate child shall be given by its mother.
3. In cases where the persons who
are bound to give notice in accordance with the provisions of the
preceding two paragraphs are unable to give notice, any person of those
enumerated below shall give notice according to the order of the
enumeration:
(1) The
co-habitants;
(2) The
medical practitioner, midwife or other person who attended at the birth
of the child.
4. In cases where a person who is
bound to give notice in accordance with the provision of paragraph 1 or
paragraph 2 is unable to give notice, the legal representative other
than such person may also give notice.
Action for denial of legitimacy
of child and notice of birth
Article 53
Even if an action for the denial of legitimacy of a child
has been instituted, the duty to give a notice of birth of a child shall
not be exempted.
Case where paternity is to be
determined by court and notice of birth.
Article 54
1. In cases where the paternity is to be determined by a
court in accordance with the provision of Article 773 of the Civil Code,
a notice of birth of a child shall be given by its mother. In this case,
the reason for which the paternity still remains undetermined shall be
stated in the written notice.
2. The provisions of Article 52
paragraph 3 and paragraph 4 shall apply mutatis mutandis in the case
under the preceding paragraph.
Birth during voyage
Article 55.
1. If the birth occurs during a voyage, the captain of
the ship shall, within twenty-four hours, state the particulars
enumerated in Article 49 paragraph 2 in the logbook, and verify it with
his signature and seal impression.
2. If, after the procedure under the
preceding paragraph has been taken, the ship arrives at a port in Japan,
the captain shall, without delay, send a copy of the logbook concerning
the birth to the mayor of the city, town or village where the post is
located.
3. If the ship arrives at a port in
a foreign country, the captain shall, without delay, send a copy of the
logbook concerning the birth to the Japanese ambassador, minister, or
consul residing in that country, and the ambassador, minister, or consul
shall, without delay, send it through the Minister for Foreign Affairs,
to the mayor of the city, town or village which is the registered
locality of the family of the child.
Birth in public institution.
Article 56.
If, in cases where a child is born in a hospital, prison,
or any other public institution, both its father and mother are unable
to give a notice of birth, the chief or manager of such public
institution concerned shall give the notice.
Deserted child
Article 57.
1. Any person who finds a deserted child or any police
office who is informed of the finding of a deserted child shall, within
twenty-four hours, give information thereof to the mayor of the city,
town or village.
2. The mayor of a city, town or
village who has received the information under the preceding paragraph
shall give a full name to the deserted child and select the locality of
the register, and further state in a record the articles worn or
possessed by the child, place, date and time, and other circumstances of
the finding, as well as full name, sex, presumptive date of birth and
locality of register of the child. Such record shall be deemed as a
written notice.
Ditto – in case of death
Article 58.
If a deserted child dies before the procedure prescribed in paragraph 1
of the preceding Article is taken, such procedure shall be taken
together with a notice of its death.
Ditto – in case of being taken
back by father or mother
Article 59.
The father or mother of a deserted child shall, if he or
she takes back the child, give a notice of its birth and apply for
rectification of the family register of the child within one month from
the day.
Particulars of notice
Article 60.
A person who wishes to effect acknowledgement of a child
shall state the following particulars and give notice to that effect:
(1)
In cases where the acknowledgement is
effected by the father, the full name and the registered locality of the
mother;
(2)
In cases where a dead child is
acknowledged, the date of death of the child and of the child and the
full name, date of birth and registered locality of the lineal
descendant thereof.
Acknowledgment of child en ventre
sa mere
Article 61.
In cases where a child en ventre sa mere is acknowledged,
the notice of the acknowledgment shall contain the statement to that
effect as well as the full name and the registered locality of the
mother, and such notice shall be given in the district within which the
mother had been registered.
Status of legitimacy by notice to
that effect
Article 62.
If, for a person who is to become a legitimate child by
virtue of the provision of Article 789 paragraph 2 of the Civil Code,
the father and mother of such person give a notice of the birth stating
the person as their legitimate child, such notice shall have the same
effect as a notice of the acknowledgment.
Judicial acknowledgment
Article 63.
1. If a judgment of judicial acknowledgment has
become final and conclusive, the person who had instituted the action
therefore shall, within ten days of its becoming final and conclusive,
give notice to that effect, annexing a copy of the judgment. The written
notice of the aforesaid matter shall state the date on which the
judgment has become final and conclusive.
2. If the person who had instituted
the action does not give the notice under the provision of the preceding
paragraph, the other party may, annexing a copy of the judgment, give
notice to the effect that the judgment of judicial acknowledgment has
become final and conclusive. In this case, the provision of the latter
clause of the said paragraph shall apply mutatis mutandis.
Acknowledgment by will
Article 64.
In the case of acknowledgment by will, the executor of
the will shall, within ten days of the assumption of the office, give a
notice of the acknowledgment in accordance with the provisions of
Article 60 or 61, annexing a copy of the will.
Still-birth of acknowledged child
en ventre sa mere
Article 65.
Where a child en ventre sa mere who had been acknowledged
is born still, the person bound in duty to give a notice of the birth
shall, within fourteen days of his becoming aware of such fact, give
notice to that effect in the district where the notice of the
acknowledgment is given. Provided that, in cases where the executor of a
will has given the notice prescribed in the preceding Article, the
aforesaid notice shall be given by the executor.
Notice of adoption
Article 66.
A person who wishes to effect adoption shall give notice
to that effect.
Article 67.
Deleted.
Notice by assenting person
Article 68.
If an assent to an adoption is given in accordance with
the provisions of Article 797 of the Civil Code, the notice of the
adoption shall be given by the person giving the assent.
Notice of special adoption
Article 68-2.
The provisions of Article 63 paragraph 1 shall apply
mutatis mutandis when a judgment of judicial adoption has become final
and conclusive.
Annulment of adoption
Article 69.
The provisions of Article 63 shall apply mutatis mutandis
when a judgment of annulment of adoption has become final and
conclusive.
Resumption of surname after
annulment
Article 69-2.
The provisions of Article 73-2 shall apply mutatis
mutandis when the surname assumed at the time of annulment of an
adoptive relation is to be assumed in accordance with the provisions of
Article 816 paragraph 2 of the Civil Code as applied mutatis mutandis in
Article 808 paragraph 2 of the said Code.
Notice of dissolution
Article 70.
A person who wishes to effect dissolution of adoptive
relation shall give notice to that effect.
Agreement of dissolution
Article 71.
In cases where a dissolution of adoptive relation by
agreement is effected in accordance with the provisions of Article 811
paragraph 2 of the Civil Code, a notice shall be given by a person who
participates in such agreement.
Dissolution after death of
adoptive parent
Article 72.
In cases where a dissolution of adoptive relation by
agreement is effected in accordance with the provisions of Article 811
paragraph 6 of the Civil Code, a notice thereof may be given by a
survivor concerned alone.
Judicial dissolution, annulment
of dissolution
Article 73.
1. The provisions of Article 63 shall apply
mutatis mutandis when a judgment of a judicial dissolution of adoptive
relation or that of annulment of dissolution of adoptive relation has
become final and conclusive.
2. The provision of Article 75
paragraph 2 shall apply mutatis mutandis when a public procurator has
moved for a judgment of dissolution of adoptive relation.
Resumption of surname after
dissolution of adoptive relation
Article 73-2.
A person who wishes, in accordance with the provision of
Article 816 paragraph 2 of the Civil Code, to assume the surname which
was assumed at the time of dissolution of adoptive relation, shall give
notice to that effect, stating the date of adoptive relation in the
written notice.
Section 6 Marriage
Notice of marriage
Article 74
Persons who wish to effect marriage shall state the
following particulars in the written notice and give notice to that
effect:
(1)
The surname to be assumed by husband and
wife;
(2)
Other matters as prescribed by Ministry of
Justice Ordinance.
Annulment of marriage
Article 75
1. The provisions of Article 63 shall apply mutatis
mutandis when a judgment of annulment of a marriage has become final and
conclusive.
2. In cases where a public
procurator has instituted the action, he shall, after the judgment has
become final and conclusive, without delay demand registration of such
judgment in the family register.
Notice of date of annulment of
marriage
Article 75-2
The provisions of Article 77-2 shall apply mutatis
mutandis when the surname assumed at the time of the annulment of
marriage is to be assumed in accordance with the provisions of Article
767 paragraph 2 of the Civil Code as applied mutatis mutandis in Article
749 of the said Code.
Section 7 Divorce
Notice of divorce
Article 76.
Persons who wish to divorce shall give notice to that
effect, stating the following particulars in the written notice:
(1)
The full name of the party who is
determined to exercise the parental power and full name(s) of a child or
children subject to such parental power;
(2)
Other matters as prescribed by Ministry of
Justice Ordinance.
Judicial divorce, annulment of
divorce
Article 77.
1. The provisions of Article 63 shall apply mutatis
mutandis when a judgment of judicial divorce or of annulment of divorce
has become final and conclusive.
2. The written notice of divorce
provided for in the preceding paragraph shall state the following
particulars also:
(1) The
full name of the party who is determined to exercise the parental power
and full name(s) of a child or children subject to such parental power;
(2) Other
matters as prescribed by Ministry of Justice Ordinance.
Notice of date of divorce
Art. 77-2.
A person who wishes to assume the surname assumed at the
time of divorce in accordance with the provision of Article 767
paragraph 2 of the Civil Code (including the case applied mutatis
mutandis in Article 771 of the said Code) shall give notice to that
effect, stating the date of divorce in the written notice.
Section 8 Parental Power and Guardianship for Minors
Determination by agreement of
parent having parental power
Article 78.
Persons who wish to determine the parent having parental
power by agreement in accordance with the provisions of the protocol to
paragraph 3 or the provisions of paragraph 4 of Article 819 of the Civil
Code shall give notice to that effect.
Determination or change by
judgment of parent having parental power
Article 79.
The provisions of Article 63 paragraph 1 shall apply
mutatis mutandis to the parent having parental power, in cases where a
judgment in substitution for the agreement under Article 819 paragraph 3
the proviso or paragraph 4 of the Civil Code has become final and
conclusive or a judgment changing the parent having parental power has
become final and conclusive, or where either father or mother has been
adjudged forfeiture of his or her parental power or right of management
and the other exercises the said power or right; to the person who has
applied for such judgment, in cases where a judgment of annulment of
adjudication of forfeiture has become final and conclusive.
Declining or recovering parental
power
Article 80.
A person who declines to exercise the parental power or
right of management, or wishes to recover it shall give notice to that
effect.
Notice of commencement of
guardianship
Article 81.
1. A notice of commencement of guardianship starting in
cases provide for in Article 838 item (1) of the Civil Code (hereinafter
referred to as “guardian for minors”) shall be given by a guardian for
minors within ten days of his assumption of office.
2. The written notice of that matter
shall state particulars mentioned in the following:
(1)
The cause for and the date of commencement
of the guardianship;
(2)
The date on which the guardian for minors
assumed office.
Notice of change of guardian
Article 82.
If a guardian for minors has been changed, the successor
shall give notice to that effect within ten days of the assumption of
office. In this case, the provisions of paragraph 2 of the preceding
Article shall apply mutatis mutandis.
Notice of designation or
appointment of guardian
Article 83.
In cases where the guardian for minors has been
designated by will, a copy of the will concerning the designation shall
be annexed to the written notice.
Notice of termination of
guardianship for minors
Article 84.
A notice of termination of guardianship for minors shall
be given by the guardian for minors within ten days of its termination.
The written notice of that matter shall state the cause for and the date
of termination of the guardianship.
Application mutatis mutandis to
supervisor of guardian or curator.
Article 85.
The provisions in this Section relating to a guardian for
minors shall apply mutatis mutandis to a supervisor of guardian for
minors.
Section 9 Death and Disappearance
Notice of death - period,
disappearance; diagnosis, post-mortem examination report
Article 86.
1. A notice of death shall be given within seven days
from the day on which a person bound in duty to give notice has become
aware of the fact of death (if death occurred outside the country,
within three months from the day of his becoming aware of the fact).
2. The written notice shall state
the following particulars, attaching the diagnosis or the post-mortem
examination report:
(1)
The date and the hour and minute as well as
the place of the death;
(2)
Other matters as prescribed by Ministry of
Justice Ordinance.
3. If no diagnosis or post-mortem
examination report is obtainable for an unavoidable reason, any writing
which is to prove the fact of death may be substituted therefor. In this
case, the reason for which neither diagnosis nor post-mortem examination
report is obtainable shall be stated in the written notice.
Ditto – person bound in duty to
give notice
Article 87.
1. The persons enumerated below shall give a notice of
death according to the order of the enumeration. Provided that, this
shall not preclude that the notice may be given irrespective of the
order:
(1)
The relative who was living with the
deceased;
(2)
The person other than the relative who was
living with the deceased;
(3)
The owner of the house or land wherein the
death occurred or the manager of such house or land.
2. The notice of death may be made
by any relative other than the relative who was living with the
deceased.
Ditto – place of notice
Article 88.
1. A notice of death may be given in the district where
the death occurred.
2. The notice of death may be given
in the district within which the dead body was found if the district
where the death occurred is unknown, and in the district within which
the dead body was brought down from the transportation facilities if the
death occurred in transportation facilities such as a train, and in the
district where the ship first entered if the death occurred on board a
ship which keeps no logbook.
Ditto – death by disaster
Article 89
In cases where any person dies in consequence of a water
calamity, fire or any other disaster, the governmental or public
authorities who have made the investigation thereof shall report the
death to the mayor of the city, town or village in which the death
occurred. Provided that, if the death occurred in a foreign country or a
district prescribed by Ministry of Justice Ordinance, the report of the
death shall be made to the mayor of the city, town or village in which
the deceased was registered.
Ditto – execution of death
penalty, death during imprisonment
Article 90.
1. If a death penalty has been executed, the chief of the
prison concerned shall, without delay, report the death to the mayor of
the city, town or village in which the prison is situated.
2. The
provision of the preceding paragraph shall apply mutatis mutandis when
no person undertakes to take the corpse of a person who died during
imprisonment. In this case, a diagnosis or post-mortem examination
report shall be annexed to the written report.
Ditto – particulars of notice in
preceding two Articles
Article 91.
The reports provided for in the preceding two Articles
shall state therein the particulars enumerated in Article 86 paragraph
2.
Ditto – registered locality
unknown person, unidentifiable person
Article 92.
1. In cases where the registered locality of the deceased
is unknown or is unable to identify the deceased, the police office
shall prepare the post-mortem inspection record, and shall without delay
report the death to the mayor of the city , town or village in which the
death occurred.
2. If the registered locality of the
deceased has become known or it has become able to identify the
deceased, the police office shall without delay make a report to that
effect.
3. If any of the persons enumerated
in Article 87 paragraph 1 item (1) or (2) has identified the deceased
after the report of the death under paragraph 1 had been made, such
person shall give a notice of the death within ten days of the
identification.
Ditto – death during voyage, in
public institution
Article 93.
The provisions of Articles 55 and 56 shall apply mutatis
mutandis to the notice of death.
Notice of judicial declaration of
disappearance
Article 94
The provisions of Article 63 paragraph 1 shall apply
mutatis mutandis to a person who has applied for a judgment of a
judicial declaration of disappearance or of annulment of such
declaration in the case where such judgment has become final and
conclusive. In this case, the written notice of judicial declaration of
disappearance shall also state the date which is deemed to be the date
of death by virtue of the provision of Article of the Civil Code.
Section 10 Resumption of Surname by Surviving Spouse
and Dissolution of Matrimonial Relation
Resuming the surname by surviving
spouse
Article 95.
A person who wishes to resume the surname assumed thereby
in accordance with the provisions of Article 751 paragraph 1 of the
Civil Code shall give notice to that effect.
Declaration of intention to
dissolve matrimonial relation
Article 96.
A person who wishes to declare the intention of
dissolving the matrimonial relation in accordance with the provisions of
Article 728 paragraph 2 of the Civil Code shall give notice to that
effect, stating the full name, registered locality and the date of death
of the dead spouse in the written notice.
Section 7 Disinheritance of Presumptive Successor
Notice of disinheritance,
annulment thereof
Article 97.
The provisions of Article 63 paragraph 1 shall apply
mutatis mutandis to a person who applies for a judgment of
disinheritance of a presumptive successor or that of annulment thereof
in cases where such judgment has become final and conclusive.
Section 12 Entry into Family Register
Child assuming surname of father or mother
Article 98.
1. A person who wishes to assume the surname of the
father or mother in accordance with the provisions of Article 791
paragraphs 1 through 3 of the Civil Code shall give notice to that
effect, stating the full name and registered locality of the father or
mother in the written notice.
2. A person who wishes to assume the
surname of the father or mother in accordance with the provisions of
Article 791 paragraph 2 of the Civil Code, and who has a spouse, shall
give notice together with his spouse.
Child resuming former surname
after majority
Article 99.
1. A person who wishes to resume the former surname in
accordance with the provisions of Article 791 paragraph 4 of the Civil
Code shall give notice to that effect, stating the date on which such
person changed the surname in accordance with the provisions of
paragraphs 1 through 3 of the said Article in the written notice.
2. If the person under the preceding
paragraph has a spouse, the person shall give notice together with his
or her spouse.
Section 13 Separation from Family Register
Notice of separation
Article 100.
1. A person who wishes to separate from the present
family register shall give notice to that effect.
2. In cases where a new registered
locality is settled in another city, town or village, a copy of the
family register shall be annexed with the written notice.
Place of notice
Article 101.
In the case mentioned in paragraph 2 of the preceding
Article, a notice of separation from the present family register may be
given at the place where such separation has been effected.
Section 14 Acquisition or loss of nationality
Notice of acquisition of
nationality
Article 102.
1. A notice of acquisition of nationality in the case of nationality
which has been acquired in accordance with the provisions of Article 3
paragraph 1 or Article 17 paragraphs 1 or 2 of the Nationality Law (Law
No. 147 of 1950) shall, within one month from the day of such
acquisition (if a person is outside the territory, within three months
therefrom), be given by a person who has acquired the nationality.
2. The notice in writing shall state
the following:
(1) The date of
acquisition of nationality;
(2) The
foreign nationality a person has assumed at the time of acquisition of
nationality;
(3) The
names and registered locality of a father and mother, if either father
or mother is a foreign national, the full name and nationality thereof;
(4) The
name and registered locality of a spouse, and if the spouse is a foreign
national, the name and nationality thereof;
(5) Other
matters prescribed by Ministry of Justice Ordinance.
Notice of naturalization
Article 102-3.
A notice of naturalization shall be given by a
naturalized person within a month from the date of public notice. With
respect to the particulars to be stated in the notice in such case, the
provisions of paragraph 2 of the preceding Article shall apply mutatis
mutandis.
Notice of loss of nationality
Article 103.
1. A notice of loss of nationality shall be given by a
person to whom such matter occurs, a spouse, or any relative within the
fourth grade of relatives, within one month from the day he or she
becomes aware of the fact of loss of nationality (if the person bound to
give notice is outside the country on the day he becomes aware of the
fact, within three months therefrom).
2. The notice in writing shall
state the following particulars and shall be accompanied by a document
proving the loss of nationality:
(1)
The cause and date of the loss of
nationality.
(2)
If any foreign nationality has been newly
acquired such nationality.
Declaration of intention of
reserving nationality
Article 104.
1. A declaration of intention of reserving nationality as
provided for in Article 12 of the Nationality Law shall, within three
months from the date of birth, be made by a person who is able to give a
notice of birth (excluding a person who is bound to give notice in
accordance with the provisions of Article 52 paragraph 3), giving notice
to the effect that Japanese nationality is reserved.
2. The notice under the preceding
paragraph shall be given together with a notice of birth.
3. If it is impossible to give a
notice within the period under the preceding paragraph due to calamity
or any other cause not imputable to the person provided for in paragraph
1, such period shall be fourteen days from the time of becoming possible
to give notice.
Declaration to choose Japanese
nationality
Article 104-2.
1. A declaration to choose Japanese nationality under the
provisions of Article 14 paragraph 2 of the Nationality Law shall be
made by a person who wishes to make such declaration, giving notice to
that effect.
2. The notice in writing shall state
the foreign nationality of which the person has been.
Notice of pending choice of
nationality
Article 104-3.
If the mayor of a city, town or village considers at the
time of conducting family register affairs that a person who is bound to
choose nationality in accordance with the provisions of Article 14
paragraph 1 of the Nationality Law, has not yet chosen it within the
time limit prescribed in said paragraph, the mayor shall give notice of
the name and registered locality of the person, and other matters
prescribed by Ministry of Justice Ordinance to the Director of the
competent Legal Affairs Bureau or the District Legal Affairs Bureau.
Report on loss of nationality by
government or public authority
Article 105.
1. If a government or public authority who has learned in
the performance of his duties that a person has lost his nationality,
the authority shall without delay report the loss of nationality to the
mayor of the city, county or village which is the registered locality of
such person, attaching the document proving the loss of nationality.
2. The report shall state the
particulars mentioned in Article 103 paragraph 2.
Notice of loss of foreign
nationality
Article 106.
1. If a Japanese national having foreign nationality
loses his foreign nationality, the person shall give notice to that
effect within one month from the day he has become aware of the fact of
the loss (if the person is outside the country on the day he has become
aware of the fact, within three months from such day).
2. The written notice shall state
the cause and date of loss of foreign nationality, and shall be
accompanied by a document proving the loss.
Section 15 Change of Name
Change of surname
Article 107.
1. If the surname is to be changed for an unavoidable
reason, the person who appears first in a family register and his or her
spouse shall, upon obtaining leave of the Family Court, give notice to
that effect.
2. If a person who has married a
foreign national wishes to change the surname of the person to the
surname the spouse assumes, the person may give notice to that effect
without the leave of the Family Court only within six months from the
date of the marriage.
3. If a person who has changed the
surname in accordance with the provisions of the preceding paragraph
wishes, after the date of divorce, dissolution of marriage, or death of
a spouse, to change such surname to the surname which had been assumed
at the time of the change, the person may give notice to that effect
without the leave of the Family Court only within three months from such
date.
4. The provisions of paragraph 1
shall apply mutatis mutandis to a person whose father or mother is a
foreign national (excluding a person who appears first in the family
register or his or her spouse) and who wishes to change the surname to
such surname as his father or mother assumes.
Change of name
Article 107-2.
A person who wishes to change the name for a justifiable
reason shall, upon obtaining the leave of the Family Court, give notice
to that effect.
Section 16 Transfer of Registered Locality and
Establishment of Family Register
Notice of transfer of registered
locality
Article 108.
1. If a person wishes to transfer the registered
locality, a person who appears first in the family register and his or
her spouse shall give notice to that effect, stating in the written
notice the new locality of registration.
2. In cases where the registered
locality is transferred to a place within another city, town or village,
a copy of the family register shall be annexed to the written notice of
the aforesaid matter.
Ditto – place of notice
Article 109.
Any notice of transfer of a registered locality may be
given in the district covering the locality to which the transfer is to
be made.
Establishment of family register
– period of notice
Article 110.
1. Any person for whom no family register exists shall
give a notice of the establishment of a family register with leave of
the Family Court within ten days of the day when such leave is granted.
2. The written notice of such matter
shall state the date on which the leave for such establishment was
granted, plus the particulars enumerated in Article 13.
Ditto – by virtue of judgment
Article 111.
The provisions of the preceding Article shall apply
mutatis mutandis in cases where a notice of the establishment of a
family register is to be given by virtue of a final and conclusive
judgment. In this case, a copy of such judgment shall be annexed to the
written notice.
Ditto – place of notice
Article 112.
Any notice of the establishment of a family register may
be given in the district within which such family register is to be
established.
CHAPTER V
RECTIFICATION OF FAMILY REGISTER
Rectification of illegal
statement
Article 113.
If it is found that any statement in a family register is
legally not permissible or there is any mistake or omission in respect
of the statement, any person interested may apply for the rectification
of the statement, with the leave of the Family Court.
Rectification of statement of
null and void act
Article 114.
If after the registration has been effected in the family
register with respect to an act which is to become effective upon notice
thereof, it is found that such act is null and void, the person who has
given notice or person to whom notifiable matter occurred may apply for
the rectification of the statement, upon obtaining the leave of the
Family Court.
Ditto – duty for applying
rectification
Article 115.
If a judicial decision granting any of the leave
mentioned in the preceding two Articles has been rendered, the
rectification of registration in the family register shall be applied
for, within one month and with the annexation of a copy of the
decision.
Rectification by virtue of
judgment.
Article 116.
1. Where rectification of registration in a family register is to be
effected by virtue of a final and conclusive judgment, the person who
had instituted the action shall, within one month from the day on which
the judgment has become final and conclusive, apply for the
rectification, annexing a copy of such judgment.
2. Where a public procurator had
instituted the aforesaid action, he shall demand for the rectification
without delay after the judgment became final and conclusive.
Provisions on notice applied
mutatis mutandis to rectification
Article 117.
The provisions of Article 25 paragraph 1, Articles 27
through 32, Articles 34 through 39, Articles 43 through 48, and the
former clause of Article 63 paragraph 2 shall apply mutatis mutandis to
an application for rectification of family register.
CHAPTER V-II
SPECIAL PROVISIONS RELATING TO HANDLING OF FAMILY
REGISTER AFFAIRS ON ELECTRONIC DATA PROCESSING SYSTEM
Handling of register affairs on
electronic data processing system
Article 117-2
1. The mayor of a city, town or village designated by the Minister of
Justice may handle, in whole or in part, family register affairs on an
electronic data processing system, as prescribed by the Ministry of
Justice Ordinance.
2. Designation mentioned in the
preceding paragraph shall be made by announcement upon the request of a
mayor of a city, town or village.
Recording to magnetic disc
Article 117-3.
1. In the case of paragraph 1 of the preceding Article, a family
register shall be recorded on magnetic disc (including those which can
record a certain matter in like manner; hereinafter the same) and
prepared by it.
2. In the case of the preceding
paragraph, the family register prepared by magnetic disc shall be
compiled into a Registration Book of Family, and the struck-off family
register shall be compiled into a Struck-Off Registration Book of
Family.
Family register recorded on
magnetic disc
Article 117-4.
1. If a family register or a struck-off family register
is being prepared by magnetic disc in accordance with the provisions of
the preceding Article, the request mentioned in Article 10 paragraph 1
or Article 12-2 paragraph 1 may be made for a document certifying the
whole or a part of matters being recorded on the family register or
struck-off family register prepared by magnetic disc in place of a full
copy, or an extract copy, or a certificate under the said provision.
2. A document certifying the whole
or a part of matters being recorded on the family register or the
struck-off family register prepared by magnetic disc as mentioned in the
preceding paragraph shall be deemed to be a full copy or an extract copy
of the family register or the struck-off family register with regard to
the application of the provisions of Article 100 paragraph 2 and Article
108 paragraph 2 as well as those of the Passport Law (Law No. 267 of
1951) and other laws and ordinances.
CHAPTER VI
MISCELLANEOUS PROVISIONS
Nonapplication of Administrative
Procedure Law
Article 117-5.
With respect to the disposition relating to registration
of family by the mayor of a city, town or village, the provisions of
Chapters II and III of the Administrative Procedure Law (Law No. 88 of
1993) shall not apply.
The provisions of the Law
concerning Disclosure of Information held by Administrative Organs
Article 117-6.
With respect to the documents provided in Article 48
paragraph 2 main sentence, the provisions of the Law concerning
Disclosure of Information held by Administrative Organs (Law No.
42 of 1999) shall not be applied.
Use of information communication
technology
Article 117-7.
1. With respect to notice place of notice performed by
use of electronic data processing system prescribed in the said
paragraph under the provision of Article 3 paragraph 1 of Law concerning
use of information communication technology in administrative procedure,
etc. (Law No. 151 of 2002; hereinafter referred to as “Law for use of
information communication technology” in this Article), and application
place of application performed by using electronic data processing
system prescribed in the said paragraph under the provision of the said
paragraph, notwithstanding the provisions of Chapter IV and Chapter V,
it shall be as provided by the Ministry of Justice Ordinance.
2. The provisions of Article 47
shall be applied mutatis mutandis with respect to notice and application
performed by using electronic data processing system prescribed in the
said paragraph under the provision of Article 3 paragraph 1 of the Law
for use of information communication technology.
3. With respect to notices under the
provisions of Article 40, or Article 741 or Article 801 of the Civil
Code, and presentment of a document copy under the provisions of Article
41, the provision of Article 3 of the Law for use of information
communication technology shall not apply.
4. With respect to a family register
and a struck-off family register, the provision of Article 6 of the Law
for use of information communication technology shall not apply.
Complaint
Article 118.
Any person who is, in respect of any registration of
family, discontented with a disposition taken by the mayor of a city,
town or village may raise a complaint to the Family Court.
Application of Law for Adjudgment
of Domestic Matters
Article 119.
The leave under Article 107 paragraph 1 (including the case in which
this Article is applicable mutatis mutandis in paragraph 4 of the said
Article), Article 107-2, Article 110 paragraph 1, Article 113, or
Article 114 and the complaint under the preceding Article shall, with
respect to the application of the Law for Adjudgment of Domestic
Matters, be deemed to be the matters mentioned in (A) of Article 9
paragraph 1 of the said Law.
Motion for complaint not admitted
Article 119-2.
With respect to any family registration, a complaint
under the Administrative Complaint Investigation Law (Law No. 160 of
1962) my not be raised.
Non-penal fine – person who fails
to give notice
Article 120.
Any person who fails without any justifiable reason to
give any notice or application he is bound to give within a fixed time
shall be liable to a non-penal fine not exceeding thirty thousand yen
((¥30,000).
Ditto – person who fails to give
notice within period fixed by peremptory notice
Article 121.
When the mayor of a city, town or village has fixed a
period and given a peremptory notice demanding notice or application in
accordance with the provisions of Article 44 paragraph 1 or 2(including
the case in which this provision is applicable mutatis mutandis in
Article 117), any person who fails to give any notice or application
within such period shall be liable to a non-penal fine not exceeding
fifty thousand yen ((¥50,000).
Ditto – person who obtained copy,
etc. by illegal means)
Article 121-2.
Any person who has, by fraudulent or illegal means,
obtained a full copy, an extract copy, or a certificate under Article 10
paragraph 1 or Article 12-2 paragraph 1, inspected a document or
obtained a certificate under the provision of Article 48 paragraph 2
(including the case in which it is applicable mutatis mutandis in
Article 117), or obtained a document under Article 117-4 paragraph 1
shall be liable to a non-penal fine not exceeding fifty thousand yen
((¥50,000).
Ditto – against mayor of town,
city or village
Article 122.
The mayor of a city, town or village shall be liable to a
non-penal fine not exceeding fifty thousand yen in any of the following
cases:
(1)
If he fails without justifiable reason to
accept any notice or application;
(2)
If he neglects to make entries of family
register or to record it;
(3)
If he refuses without justifiable reason to
permit the inspection of the written notices and other papers received;
(4)
If he fails without justifiable reason to
deliver a full copy or an abstract copy of a family register or a
struck-off family register, a certificate under Article 10 paragraph 1
or Article 12-2 paragraph 1, a certificate under Article 48 paragraph 1
or 2 (including the case where this Article is applicable mutatis
mutandis in Article 117), or a document under Article 117-4 paragraph 1;
(5)
If he otherwise neglects to perform his
family duties with respect to any registration of family.
Jurisdiction on judicial decision
imposing a non-penal fine
Article 123.
A judicial decision imposing a non-penal fine shall be
rendered by the Summary Court.
Penalty to person who gives false
notice
Article 124.
Any person who gives a false notice with respect to
matters not requiring entries or recording of family register shall be
liable to penal servitude for a term not exceeding one year or a fine
not exceeding two hundred thousand yen (¥200,000. The same shall apply
also to any person who gives a false notice in respect of a matter
relating to a foreign national.
Matters to be provided for by
ordinance
Article 125.
In addition to those provided for in this Law, the
matters concerning the written notice or other matters necessary for
management of family registration affairs shall be provided for by
Ministry of Justice Ordinance.
SUPPLEMENTARY PROVISIONS
(not included)
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