When I tried to compile the homepage about the affair of the International Family Law, I noticed that there was a draft of a proposal (September 18, 2015) on the Arrangement of the international jurisdictional legal system for Personal status case and Domestic Relations cases.
Regarding the case of property-related cases, the provisions of international jurisdiction have been established under the amendment of the Civil Procedure Law of 2011 and the Civil Provisional Remedies Act, but the international jurisdiction of Personal status case and Domestic Relations cases is not clear the same as the before amendment.
Personal status litigation Act Article 29 -1 set out as folloes;
For purposes of the application of the provisions of the Code of Civil Procedure in the procedures for personal status,Civil Procedure Law Book1 Chapter2 Section1,Article 145-3 and 146-3 might not be applied.
This civil procedure law Book 1, Chapter 2 section 1 set out “the jurisdiction of the Japanese court”. The section set out Article 3-2, etc. (jurisdiction by the address of the defendant etc.) .
So it is said that international jurisdiction over Personal status case and Domestic Relations cases remains unclear yet.
The draft of the above propose the international jurisdiction over Personal status case and Domestic Relations cases as follows;
Ⅰ Personal status case
1 Jurisdiction of Personal status case
2 Jurisdiction by consolidation of related claims
3. Jurisdiction of the case and others concerning the custody of the child
4 Disapproval of actions due to special circumstances
Ⅱ Domestic Relations cases
1 Jurisdiction of Judgment Case, etc. of Initial Guardianship Initiation
2 Jurisdiction of the trial case of the disposition concerning the management of property of absentee
3 Jurisdiction over the trial case of the declaration of disappearance
4 Jurisdiction of the trial case for the appointment of a special agent for appeals against denial of legitimacy
11 Jurisdiction of trial cases concerning inheritance
12 Jurisdiction of the trial of the disposition concerning the distribution of property
13 Jurisdiction of Domestic Relations casesmediation cases
Ⅲ Recognition and enforcement of a judgement determined in the case of the third foreign court’s domestic affair
They seems become extremely interesting.