Japan - Attachment of Assets
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Masafumi Kodama, Kitahama Partners, Osaka, Japan
Originally from Attachment of Assets
In Japan, Civil Provisional Remedies Act (the “Act”) governs pre-judgment attachment of assets. Formerly, pre-judgment attachment was regulated in the Code of Civil Procedure. To expedite and modernize the pre-judgment attachment procedure, the Act was enacted in 1989 and came into force on January 1, 1991. The Act provides two types of civil provisional remedy. One is “provisional seizure”, and the other is “provisional disposition.” Provisional disposition is further categorized in two types – “provisional disposition relating to the subject matter in dispute” and “provisional disposition to determine a provisional status.”
Provisional seizure is to temporarily seize (attach) assets in order to secure future execution of monetary claim when it becomes final and binding. Provisional disposition relating to the subject matter in dispute is to freeze the status quo with regard to assets in order to secure future execution of claim with regard to such assets. For instance, one who allegedly has the right to receive delivery of certain goods from the other may request the court to issue an order against the other not to dispose or hand over such goods to a third party. Provisional disposition to determine a provisional status is to temporarily set rights and obligations being disputed pending final and binding judgment. For instance, an employee who allegedly was wrongfully dismissed may seek a court order to temporarily deal him/her as employee.
This paper deals with provisional seizure and provisional disposition relating to the subject matter in dispute, but not provisional disposition to determine a provisional status.