Can a childless couple leave all their property to their spouse?How to check legal heirs you want to know
If you write the contents roughly
Those who will become legal heirs when an inheritance occurs can be confirmed by ordering consecutive copies of the family register from birth to the present.
The person who can be an heir is a legal heir. By law, the person who can be an heir is decided.When inheritance occurs, by law ... → Continue reading
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Long time agoEast AsiaIt was popular in a wide area of21st centuryNowadaysJapanとPeople's Republic of ChinaとRepublic of China(Taiwan) Is the only existing system.However, in China and Taiwan, the introduction of the new system has made it virtually a dead letter.
Since ancient timesChugoku OfNorth ChinaIn societydoorA close small family of the form called (ko) was established, and this functioned as the smallest unit of social structure. Therefore, it is effective for the administration to grasp the individual doors in order to grasp the society, and grasp the people under control on an individual basis or a wide area of the tribe.communityIt was done on a household basis, not on a unit basis. The family register is a document created to grasp the residents of each household. Chinese dynastyHan peopleEven if the world expands from North China, the administration's public grasp will be based on the family register, Japan,Korean PeninsulaThe family register system was followed in the nations of the surrounding areas such as the nation.
in JapanRitual systemAt the time when the family register system was introduced ("Ancient family register systemThe structure of the local society was not based on a close small family group equivalent to a door like North China in mainland China.Heian periodAfter the decline of the decree system, the system of the central government trying to grasp all the people by family register was abandoned, and the family register system that did not match the actual situation of Japanese local society was virtually extinguished.Governance of the local community is based on local assignmentKokujiprincipal(Receipt) Significantly delegated authority and further directed to receiptCountryThen.capitalPowerful and powerfulCommon peopleOnly was grasped through the contract contract of Koda management.TheyTasaki-Negative nameAs a result, popular rule came to be carried out exclusively by their influential peasants.After that, the top貴族From to the bottom to the common peopleHomeWhen the extended family community called (No) was formed widely and the ruler tried to grasp the controlled person, this naturally established "house" became the basic unit of grasp.
National stable governance achievedTokugawa period OfBakuhan systemEven below, it became the basis for understanding the residentsPersonal bookWas compiled into a "house" unit that included not only blood relatives but also distant relatives and employees.Meiji EraWhen it comes to centralizationNation-stateThere was an urgent need to dismantle the master-slave relationship and the controlled and controlled relationship between "houses" in order to aim for a system.By reviving the family register and establishing a national grasp system for each "house" instead of "house", the "house" community was changed from a public existence under the feudal system to a private community unrelated to the national system. It has become possible for the state to carry out individual control without going through the "house".
In this way, the revival of the family register system was to free the people from feudal master-slave relationships and controlled and controlled relationships, but since it is not a completely individual national registration system, children born out of wedlock and non-marital childrenIllegitimateChild problem, selectiveFamily name by coupleThere are also social problems that are bound by "doors" such as problems. On the other hand, in the present age of popular sovereignty, there is a debate about reviewing the family register system with the aim of creating a system in which individuals are more liberated. Of these, regarding the issue of children born out of wedlock and illegitimate children,2013 On September 9, the Supreme Court ruled that the provisions of the Civil Code that discriminate against children born out of wedlock in inheritance are unconstitutional..
Family register system of each country
The family register systemEast AsiaIt is unique and does not exist in other areas, based on the recognition of a family group established in the Chinese civilization area called "Doto".
Since the modern era, the people and residents have been grasped by the nation on an individual basis or a family group basis.
WesternButAnglo-SaxonIndividual units in affiliated nations,ContinentFamily nations tend to adopt a family registration system.in particularThe United States of America,United Kingdom,AustraliaHas a tradition of not registering families by the state, and there is no national registration system for each family like a family register.social Security numberThere is a (Social Security Number) system, but this ispensionTo manage the subscription and payment of, that is, in JapanBasic pension numberThere is no such thing as a family register, and registration such as marriage can be done by resident registration at the government office. Many states accept marriage registrations even if they are not their place of residence.
People's Republic of China
People's Republic of ChinaThen, the family register is called "doorway", and all the people are institutions, groups, schools, companies, etc.Organization called "unit"It belongs to one of. Depending on the location of the "unit",Castle city doorway(Urban family register)Rural doorwayExpressions are divided into (rural family registration).
Reform and opening upPreviously, housing distribution, primary and secondary education, medical care, food distribution, etc. were basically done on a unit-by-unit basis, and you cannot enjoy them.Permanent AddressLiving anywhere else was virtually impossible.After the reform and opening up, the affiliation to the unit became fluid due to the abolition of food distribution and the emergence of foreign companies, the development of distribution and the development of tertiary industry due to the improvement of infrastructure facilities, the collapse of the rural economy and labor in coastal urban areas. "Private industry tide" due to increased demand from workers (Blind flow(Phenomenon), etc., it has become possible to receive social services outside of the hometown, but elementary and secondary education is still basically impossible, there is discrimination in medical expenses in medical care, and there is a credit problem from the bank. There are problems such as not being able to get a loan and having difficulty finding a job because the company has to bear the welfare expenses.
The movement of the doorway is basically by going to another university or graduating from university and getting a job at a national institution, organization, large company, etc. Recently, large taxpayers and local governments that allow the movement of family register by purchasing a house in a small city There is also a government.Even before, it was possible to move the doorway from the rural area to the castle city by paying money.The "doorway book" that describes the doorway isMinistry of Public Security of the People's Republic of China(Chinese police) Is managing.
Communist partyIn China under the administration, in addition to the door-to-door book, "Personnel 檔 (档) planThere is.This begins with the "personal component" based on the class of the ancestors, and the individual from birth to the present, such as family structure, school grades, party history, employment, marriage, behavior, travel history, friendship, criminal history, etc. All of the information is written.The personnel plan is strictly managed by the unit's Communist Party personnel department, or the personnel department and labor department of the local Communist Party branch, and of course it is private and can only be viewed by the person in charge of the Communist Party member.Planned economySince the decline and the introduction of the capitalist economy into the Chinese economy (Socialist market economy), The control of going on to higher education and employment has been lost, and the reflection of the movement of residents is no longer completely tracked, so it is virtually a mere ghost.
2014 May 7,Chinese State CouncilAnnounced "Opinions for the reform of the family register system" (opinions for the further promotion of the reform of the family register system).2020 By then, the reform policy to unify the family register of residents (resident family register), which is a combination of urban family register and rural family register, was announced..
If you are a university graduate and under the age of 40, you can get a family register in the city, and relaxation has begun..
From the Three Kingdoms to the Goryeo era
GoryeoIn the era, the name of family register first appeared as an official document that recorded the status relationship with the family belonging to the family register in units of home and family.
In the Goryeo era, the contents of the system seemed to be different depending on the status of the people. In other words, the common people are reported to Tobe by local officials of the provinces and counties every year.Both groups(Aristocrat) created two family registers every three years, one in the government office and one in his own house.The contents are tribal groups such as the owner / family, the child living together, the brothers, and the nephew's step-in-law.SlaveWas recorded.
Under Japanese ruleThen, the description of the identity was deleted.
South KoreaThe family register was inherited in (Korea)Conscription systemManagement was strict due to the operation of. "Owner systemIt was a system based on. However2005 May 2ToConstitutional courtIs koreaCivil lawArticle 778 "A person who inherits the family's lineage, a person who has separated from the family, or a person who founded or reconstructed the family for other reasons becomes the owner", Article 781, Paragraph 1 "Children (...) enroll in the father's house , Article 826, Paragraph 3 "Wife enrolls in husband's house", patrilinealPedigreeWithout a good reason based onSex discriminationUnconstitutional judgment that it was a system of[Note 1]In 2005, the following monthMay 3A bill to amend the Civil Code to abolish these three provisionsKorean National AssemblyPassed by2007 New Year's EveThe family register system was abolished as far as possible.. Instead,2008 New YearTo (ko: 가족관 계의 등록 등에 관한 법률, Family Relations Registration Act) has been enforcedFamily relationship register(ko: 가족 관계 등록부) Has been registered as an individual unit (similar to the United States).
On the other hand, after releaseDPR KoreaIn (North Korea), there is no equivalent to the family register, and the place of residenceKorean Labor PartyResident registration in Japan is done and managed by the organization. According to the "Citizen Registration Law", Korean citizens aged 17 and over (those who have nationality of the Democratic People s Republic of Korea and live in North Korea) are given a citizen's certificate (of the capital).PyongyangCitizens1997 After that, it will be switched to "Pyongyang Citizen's Card") and identity verification will be carried out.
- Under Japanese rule
- It was operated under the same family register system as in Japan.
- Republic of ChinaUnder rule
- ID system (listed on "National ID".National uniform number system), But ID is generally used more often.KMTAt that time, the family register was managed by the police, as in Korea during the military administration.
- Ancient Japanese family register system
- In the Yamato court, it was held in a part of the direct control.
- Renewal of Dahua(645 ) ByImperial courtThe control system ofAustralianInstead of the family register created byNoon yearbookA family register called "(Kougonenjaku)" was created and updated every six years.
Medieval and early modern times
- Orito administration
- Hideyoshi ToyotomibyTaiko Inspection SiteWas done.
- Tokugawa period
- Tokugawa Shogunate,ShrineCreated byPersonal book,Somon Kaisho,Past bookHowever, it was the register of the people.
- These are even in modern timesfamily treeIt is often referred to when creating.
- 1825 (Bunsei8 years)Choshu clan(Current:Yamaguchi ) Enforces the Family Register Act. It is also said to be the origin of the modern family register law.
From the Meiji Restoration to World War II
- 1868 (Keio4 years)
- With reference to the old system of the Choshu clanKyotoThe family register method is carried out at.
- 1869 (Meiji2 years)
- Family register of general affairs officer to the Ministry of Popular AffairsMapKake (Geographical Survey InstituteOne of the predecessors of) was founded.
- 1870 (3th year of Meiji)
- Family register mapMinistry of Civil AffairsExpanded to Geography.
- 1871 (4th year of Meiji)
- Ministry of Popular Affairs was abolishedMinistry of FinanceThe jurisdiction is transferred to the tax dormitory.
- 1872 (Meiji 5) (Meiji 5th year family register）
- "Family Register Act" April 4, 4, Daijo-kan Declaration No. 4, enforced February 170, 5
- Established the previous yearFamily register lawBased on the above, the first full-scale family register system in Japan was started.
- This yearZodiac signs RenshenBecause it is (Mizu no Esaru), the family register created by this systemFamily registerIt is called (Jinshinkoseki).
- The unit of organization of the family register is "house", the registered domicile is the address, and since the address was registered together with the status, the currentResident cardAlso played a role.
- "Shinpeimin, "Original", etc.DowaOld status of the relationship (Tadashi,outcast), Medical history, criminal history, etc., so now each regionLegal Affairs BureauIt is strictly stored in the warehouse so that it is not visible to the general public. However,Ministry of JusticeIn the official announcement of, the Mishin family register was not disclosed as an administrative document and was discarded.
- 1874 (7th year of Meiji)
- Prime ministers"Ministry of Finance Naka Family Register, Civil Engineering, Ekiteijo Three Dormitories and Tax Dormitory Chugeography, Ministry of Home AffairsWas launched in the previous yearMinistry of InteriorJurisdiction moves to
- 1886 (Meiji 19) (Meiji 19th year family register）
- "Family register handling procedure" October 19, 10 Ministry of Home Affairs Ordinance No. 16, "Family register registration form, etc." Ministry of Home Affairs official directive No. 22 on the same day
- The registered domicile remains the address, but the address isChange from house number to lot numberIt became.
- RemovalA system was established.
- 1898 (Meiji 31) (Meiji 31th year family register）
- HomeThe family register system has been started with the basic unit. An identification register was set up separately from the family register.
- 1915 (Taisho4 years) (Taisho 4 year family register）
- Since the identity register was complicated, it was abolished and unified into the family register.
After the war
- 1948 (Showa23 years) (23 family register）
- 1948 (Showa 23) The new Family Register Act came into effect on January 1st..Pacific WarWhereas the previous family register used the house as the basic unitHusband and wifeThe family register was changed to the basic unit, and the "family register" was abolished and the "leader" was added. "Ethnic family""Samurai"Or"civilian""ShinpeiminThe description of identification items such as "" has been abolished.
- Due to the turmoil caused by the war, the family register is actually rebuilt1957 (Showa 32)- 1965 It was around (40).
- 1952 (27)
- Resident registration lawWith the enforcement, the resident registration system was started and the creation of resident's card was started.
- As a result, they are non-residents.Mountain pit(Sanka),House shipHas disappeared institutionally.
- 1967 (42)
- Revised the Resident Registration LawBasic Resident Registration ActWith the enforcement of, the resident registration system linked to the family register was started.
- 1970 (45) April
- Sealed the Mishin family register (after the year of disposal).
- 1975 (50)
- 1977 (52) The Ministry of Justice has removed discrimination from the current family register through a project to optimize the removal of registration from Dowa measures.
- 1976 (51)
- Prohibition of removal of family register and viewing of current family register. Unlimited viewing of family register is no longer possible, limited to the person himself / herself.
- 1981 (56)
- By resolving food shortagesRice grain passbookWas abolished.
- 1994 (6)
- The revision of the Family Register Act will make it possible to computerize family register affairs.The number of local governments that manage family registers with computers has gradually increased.
- 2002 (14)
- MiyagiSendai cityで2001 Due to the case of misrepresentation of family register by a car thief in (13), there was a growing demand for remanufacturing a family register with a history of correction, and it became possible to recreate a family register with misrepresentation.
- 2004 (16)
- Law amendments were implemented to enable the handling of family register procedures online, and the standard for system construction, "Standard Specifications for the Construction of an Online Family Register Procedure," was distributed to municipalities nationwide.
- Child outside the marriageIt was decided that the statement of relational discrimination of "male / female" against the above was an infringement of privacy rights, and the birth after November 11st will be stated in the "eldest son / eldest daughter" formula.For children born before that, only the current family register that has not been removed will be corrected by offer.
- 2010 (22)
- Elderly location unknown problemWas discovered, and the focus was on the complexity of the family register deletion procedure.
- 2011 (23)
- Great East Japan Earthquake(Tohoku-Pacific Ocean Earthquake) Due to the influence of Miyagi PrefectureMinamisanriku Town-Onagawa,IwateOtsuchi Town-Rikuzentakata CityFamily register data was lost.. January 2010-February data is left in the Legal Affairs Bureau and remanufactured based on this.
- 2013 (25)
- Supreme CourtGrand courtHowever, "The provisions of the Civil Code that discriminate against children born out of wedlock in inheritanceThe Constitution of JapanViolates "Unconstitutional rulingDefeated.
- 2019 (ReiwaFirst year)
- The Family Register Act has been amended to manage duplicates.Ministry of JusticeConnected by a network of systems to the prospect of the 2024, it was supposed to be able to browse the family register in municipalities other than permanent domicile.
- 2020 (2nd year of Reiwa)
- Remained until the endTokyoMikurajima VillageFamily register is computerized, All family registers have been computerized.
- Phonetic spelling that was not included in the regulations (Furigana) Started to consider legislation.It is expected to be implemented by 2024 (Reiwa 6) at the earliest.
Family register terms in the old regulations
- The representative of the family. Unlike the leader of the current family register system, he was given very strong authority, such as being able to exclude those who got married without consent from the family register.
- Female owner
- Private child / Private child
- An illegitimate child who is not recognized by his father.
- An illegitimate child recognized by his father (former Civil Code, Article 827, Paragraph 2).
- Marriage method to enter the family register of a wife whose husband is a female owner (former Civil Code Article 736). It is optional whether the wife will continue to be the owner after marriage or the husband will become the new owner.
- Adopted son
- Marriage and adoption with the wife's parents at the same time. The husband enters the family register on the wife's side (former Civil Code Article 788). Unlike a married couple, you can do it with someone other than the owner.
- Even now, it is called a son-in-law or a son-in-law to get married after a man is adopted by the parents of the marriage partner (= wife), but there are many misunderstandings that "name the wife's surname after marriage = son-in-law".
- Family inheritance
- To take over the owner to another person.When the owner died or retired, when the owner married and left the family register, when the female owner married and handed over the owner to her husband, the husband who became the owner due to the marriage leaves the family register due to divorce. When the ownerJapanese nationalityIt is done when you lose.
- Estimated family heir
- Marriage without the consent of the ownerAdoptionExclude family members who have lived or who do not live in the place designated by the owner from the house.Leaving is the right of the owner, but is presumed to be a minorinheritanceA person cannot leave.
- Refusal to return
- If a family member gets married or adopted without the consent of the owner and enters another house, the authority of the original owner does not extend to the new house, and the family cannot leave the house. However, if you divorce or adopt a child after that, you will usually return to your original home (reinstatement), but at this time the owner can refuse to reinstate. In this case, those who are refused reinstatement will establish a family.
- Founding of the family
- A person who has been refused enrollment or reinstatement by the owner or who does not have a family register to enter creates a new house.
- Abandoned house
- Abolish the original house because the owner takes his family to another house (former Civil Code Article 762).
- The inheritance of the family began due to the death of the owner, but there was no heir and the house disappeared (former Civil Code Article 764). While abandoned houses are based on the will of the owner, extinction is caused by force majeure.
- Branch house
- Reconstruction of abandoned houses
- Rebuilding an abandoned or abandoned house with a relative as the owner. However, since various rights such as the property of the original house cannot be inherited, it is just a procedure for leaving the name of the house.
- Family name
- succession to the peerage
Japanese family register system
Purpose of the system
JapaneseFamily register system(Koseki Seido) is a system for registering each citizen by birth (regardless of residence in Japan or abroad). Register your place of residenceLocal governmentClarify the relationship withResident registrationIt is different from the system. Place of residence in association with resident's cardFamily registration slipIt can also be used to track your place of residence.
The family register was originally set up for tax collection and conscription,Family systemIt was the basis of. HoweverSecond World WarThe current purpose has changed significantly due to the revision of the Family Register Act following the revision of the Civil Code.National Health Insurance,National pensionData used for administrative services such asResident cardThe role played by the family register is declining.
Currently,Born(parentとDate of Birth),Name,婚姻(spouse),Child-Adoption,CitizenshipIt clarifies individual relationships such as withdrawal (legally called "identity relationship" but not in a discriminatory sense, the same applies hereinafter).Marriage / divorce notificationsJapan passport(passport) Issuance,relativesIt is also used to identify heirs as the only way to prove the relationship between.
Advantages and disadvantages
As a general premise, unless there is a very elaborate fraud,BornHistory from death to death ”is recorded,Basic Resident RegisterBy cooperation with the systemFamily registration slipIf you browse, you can find out the history of moving, and the place of birth up to the name of the municipality is stipulated as a matter to be transferred.The authenticity of being the person is certain, It is also described in the family register after transfer or division, and the procedure to be taken in the procedure such as inheritance is clear.
In a system where a new family register is created by marriage or transfer of registered domicile, it is not possible to know the marriage history or the existence of children unless the family register is acquired not only in one family register but also in various places at the time of marriage or inheritance. It is said that it is inconvenient compared to the personal compilation system that covers everything from birth to marriage / divorce and death of the person in one family register.personal numberIt is said that this problem will be solved in the future by introducing the (My Number) system.[Note 2].
The identity of the copy of the family register [former family register] ("previous family register" instead of "previous registered domicile") is the first person in the family register listed earlier (if a new family register is created by marriage or divorce). If the family register is newly compiled due to a parent or divorce, the former spouse.) And the registered domicile are listed. There is no description of transfer history (family register matters / family register revision [reason for revision]Heisei 6Revised according to Article 51, Paragraph 2 of the Supplementary Provisions of Ministry of Justice Ordinance No. 1).
Under the current system, unless you marry a foreigner (a foreign national outside Japan)Family name by coupleWas impossible, so one continued to use it before marriageLast nameIs not valid with official proof. For this reason, the number of voices requesting the introduction of a selective marital surname system has increased in recent years..
Gender identity disorderPerson (Transgender) Is on the family registerSexBecause the gender in one's life may be different from that in one's own life, there may be trouble with documents submitted in daily life. This problemGender Identity Disorder Special LawHas been created and is gradually being resolved.HermaphroditismSuch,infantIf the gender is not clear at the stage of, the gender can be reserved.
Currently, there are a minority of countries in the world that have a national registration system for blood relatives and marriage units, such as the family register system, and Japan and the Republic of China (Taiwan) are the only major countries.After World War IIFamily systemWas abolished, but because the family register system remained, both local governments and citizensResident registrationThere is also a part that overlaps with.
Unregistered person problem
There is no family register because the child born within 300 days after divorce is considered to be the child of the ex-husband (Article 772 of the Civil Code) and the mother did not file a birth certificate to avoid the violence of the husband.Unregistered personThere is.The Ministry of Justice is aware of 838 people (as of May 2021, 5), and it is estimated that there are more than 10 people in the "Family Association for Unregistered Children under Article 772 of the Civil Code".To get a family registerFamily courtObtain employment permission at and submit the employment notification to the municipality.trial-arbitrationThere are about 3000 cases a year, but there is a continuing tendency that about 500 cases are not recognized due to obstacles such as legitimacy estimation..
Birth certificate and resident's card can be obtained even if you do not have a family register, and rights and administrative services based on the resident's card (Compulsory educationEtc.), but you cannot get a marriage registration or passport.Believing that it is an illegal act that can be blamed, even if you are in need, do not consult with the local governmentStarvationThere is also an example of being driven into.For this reason, some local governments are strengthening the understanding of isolated and needy households, including unregistered households, and counseling, and the Ministry of Justice is preparing to amend the law so that children born after remarriage will be children of remarried husbands..
In the case of "confidential birth" where the mother gives birth anonymously and does not give her name to her childBirth registrationIs submitted as a blank in the mother's column, but the Ministry of Justice has expressed the view that "even if the mother's column in the birth certificate is blank, if it is recognized as Japanese nationality, it will be entered in the family register." Is.
The family register shows the names and names of most people with Japanese nationality.Date of BirthBasic information such as, and traces of marriage, etc. are described, and it has an extremely important role in administrative affairs.The family register is the one and only official certificate that proves the identity of a person with Japanese nationality.The family register isJapanese paperIt is printed on, but before, it was written by hand except for the frame,Japanese typewriterWas filled in by.
The family register is the date of birth of multiple people, up to one or two generations.Deathdate,Sex,Full name,relationship(Blood relationship), Marriage historydivorceInformation such as history and adoption history is described,Family registration slipIs nowAddressThe moving history is described.
If the same record items as this family register are requested under certain conditions, the local government that manages the family register (the local government that has jurisdiction over the registered domicile) will issue them as official certificates.Before the computerization of the family register, a copy of the family register (a handwritten copy before the introduction of the copier) was issued with the official seal of the head of the local government, and this is called a "copy of the family register".After computerization, the same record items as the family register are printed out and a document with the official seal of the head of the local government is issued, and this is called a "certificate of all matters".The copy of the family register and the certificate of all matters are recorded by all the persons registered in the family register, but the documents extracted and described only by a specific person are called "extract of family register" and "certificate of personal matters", respectively.
Japanese family registerJapanese nationalityOnly persons with Japanese nationality are listed, and those with foreign nationality are listed only as spouses or parents of those with Japanese nationality.A person who has a basic resident register but not a family register (has a resident card and personal number)Unregistered person) Can also exist.
Incidentally,Royal familyComposeEmperor-Emperor-royalDoes not have a family register like the general public, and matters related to the status of the emperor, emeritus, and royal family are "Imperial scoreIs registered in (Kotofu).Imperial ruleFor those who have left the status of the royal family according to the provisions of, a new family register will be created or incorporated into the existing family register based on the provisions of the law. On the other hand, those who have changed from non-royal to royal due to marriage are excluded from the family register..
Because the Family Register Act does not apply to the emperor, emeritus, and royal familyBasic Resident Registration ActDoes not apply.. In other words, the emperor, emeritus, and royal family also have family registers.Resident cardNor.
Types of family register notifications
- Must be at the registered domicile of the person or the location of the notifier. (Article 25)
- Can be written or verbally. (Article 27)
- Birth registration(Family Register Act Article 49Notification)
- This is a notification to be submitted within 14 days when the child is born. Attach a birth certificate from a doctor, etc. (generally, there is a column on the right half of the A3 size paper).
- Marriage registration(Family Register Act Article 74Notification)
- This is a notification required for marriage (marriage).
- Divorce registration(Family Register Act Article 76Notification)
- Deliver when divorcing.The side who is not the first person will leave the family register.There are two types: consultation divorce and trial divorce.
- Death registration(Family Register Act Article 86Notification)
- Deliver within 7 days of knowing the death.Death certificateorCorpse report(Generally, there is a column on the right half of A3 size paper). If you are unidentified and there is no taker (so-called fall)Unidentified decedentIt is said that a public notice was made in the name of the mayor of the municipality to find a taker.Official gazetteWill be published in.
- Acknowledgment notification(Family Register Act Article 60Notification)
- (Mainly men)BiologyIt is a notification to make one's illegitimate child legally one's own child. If the mother of the child is married to another man, the child will be born out of wedlock (except for the case of childbirth within 300 days after divorce), so a denial of legitimacy or a complaint of non-existence of parent-child relationship will be accepted. I can't recognize it.
- Notification of adoption (Family Register Act Article 66Notification)
- This is a notification for accepting an adopted child.With an older personHonorYou cannot adopt your own legitimate child, but you can adopt a non-illegitimate child, a younger brother, and a grandchild.
- Notification of adoption (Notice of adoptionFamily Register Act Article 70Notification)
- This is a notification to eliminate adoption.
- Notification of special adoption
- Special adoptionIt is a notification to accept. It is permitted only when there are special circumstances such as the parents being ineligible for child-rearing. Normally, special adoption is not possible unless you are under 6 years old (from under 6 years old to under 8 years old if it is recognized that you were actually raising a child).Family courtNeeds a referee.
- Notification of special adoption
- This is a notification to cancel the special adoption. Only allowed under special circumstances.
- Notification of the name of the person who was named at the time of divorce (Family Register Act Article 73-2Notification)
- When a person who has returned to his maiden name due to adoption divorce is adoptedLast nameIt is a notification to return to.
- Notification of the name of the person who was named at the time of divorce (Family Register Act Article 77-2Notification)
- This is a notification for a person who has returned to his maiden name due to divorce to return to his surname at the time of marriage. Must be reported within 3 months of divorce (can be reported at the same time as divorce).
- Notification of custody (management right)
- "Designation of custody" "Change of custody" "Loss of custody" "Revocation of custody" "Resignation of custody" "Restoration of custody" "Loss of management rights" "Revocation of loss of management rights" "Resignation of management rights" There are different types of notifications, which are for procedures regarding the right to raise children and the right to manage property.
- (Family Register Act Article 94Notification)
- Someone in a normal areaMissing(disappearance) (Normal disappearance), the family court declares the disappearance for 7 months 6 years after the last sighting date.Official gazette』And post it.If the ship is missing on the battlefield or a sunken ship (special disappearance), the family court will declare the disappearance for two months one year after the end of the war or the sunken ship and post it in the "Kanpo".If it is still not found, the disappearance will be confirmed, and if this notification is submitted, the disappeared person will be considered dead and inheritance will be carried out.
- Notification of reinstatement(Family Register Act Article 95Notification)
- Notification to be made when a person who has died from his spouse returns to his maiden name.
- Notification of termination of kinship(Family Register Act Article 96Notification)
- Even if the spouse dies, there is an affinity with the spouse's relatives as it is, so if the spouse becomes difficult to live, he / she is obliged to support him / her. This is a notification to end the relationship with the affinity.
- Notification of elimination of estimated heirs(Family Register Act Article 97Notification)
- If the presumed heir commits significant abuse of the decedent, etc.RemnantsIt is a notification to deprive the inheritance right including. If the trial for abolition is finalized, a copy of the trial must be attached and notified.
- (Family Register Act Article 98Notification)
- When a couple with a child divorces and then leaves the family register at the time of marriage (the side who was the non-leader at the time of marriage), the first person becomes the adopted child and the surname of the child is adopted. This is a notification to be made when changing to a surname, or when a single person with the same family register as the child is removed from the family register due to marriage and then the child is added to his / her family register after marriage. The notification is mainly for the purpose of changing the child's surname, but there are also cases where the notification is for the purpose of changing one's own name when the enrolled child reaches the age of majority. Generally, the word "enrollment" is used to mean marriage, but this is not a term under the Family Register Act. According to the Family Register Act, the antonym of marriage is "divorce" and the antonym of enrollment is "exclusion", and the meanings are completely different.
- Notification of division(Notification of Article 100 of the Family Register Act)
- This is a notification issued when only a specific person divides the family register. Yes, if you are unmarried over 20 years old.
- Notification of acquisition of nationality (Notification of Article 102 of the Family Register Act)
- Nationality lawThis is a notification made when a foreigner acquires Japanese nationality in accordance with the provisions of.
- Notification of naturalization (Notification of Article 102-2 of the Family Register Act)
- ForeignersNaturalizationNotification to be made when you do.Minister of JusticeMust be within one month of the notification of naturalization permission.
- Notification of loss of nationality (Notification of Article 103 of the Family Register Act)
- If a person with Japanese nationality acquires foreign nationality on his / her own will, he / she will automatically lose Japanese nationality (Article 11 of the Nationality Law). Therefore, when he / she acquires foreign nationality, he / she must report the automatic loss of Japanese nationality.
- Notification of nationality selection (Notification of Article 104-2 of the Family Register Act)
- Notify when a Japanese national with a foreign nationality selects Japanese nationality (Article 14 of the Nationality Law). If you are under 20 years old, you must be 22 years old, and if you are 20 years old or older, you must be 2 years old or older. If the deadline is exceeded, the Minister of Justice may notify the person in writing that he / she should choose his / her nationality (Article 15 of the Nationality Law).
- Notification of loss of foreign nationality (Notification of Article 106 of the Family Register Act)
- Notify when a Japanese national with a foreign nationality loses the foreign nationality.
- Mr. change notification(Notification of Article 107, Paragraph 1 of the Family Register Act)
- With the permission of the family court, change his surname.
- Notification of change of Mr. due to marriage with a foreigner (Notification of Article 107, Paragraph 2 of the Family Register Act)
- The surname of a Japanese married to a foreigner does not change as it is, but the surname can be changed by this notification within 6 months after marriage.
- Notification of change of Mr. due to divorce from a foreigner (Notification of Article 107, Paragraph 3 of the Family Register Act)
- This is a notification for a person who changed his surname (last name) by the notification under Article 107, Paragraph 2 after marrying a foreigner to return to his maiden name within 3 months after the divorce.
- Notification of change of Mr. Foreign parents to Mr. (Notification of Article 107, Paragraph 4 of the Family Register Act)
- If one parent is a foreigner, a notification for the child to give his / her surname (last name). Family court permission is required.
- Name change notification(Notification of Article 107-2 of the Family Register Act)
- With the permission of the family court, belowNameChange (name). There are cases where permission was granted because the meaning of the word caused bullying.
- Transfer notification(Notification of Article 108 of the Family Register Act)
- This is a notification for relocating the registered domicile.
- Notification of employment (Notification of Article 110 of the Family Register Act)
- Those who are presumed to be Japanese nationals based on their parent-child relationship but do not have a family register (example:KarafutoWithdrawals from former Japanese territory, such asUnregistered person, Preschooler, parents diedChinese residual orphans), But permission from the family court (usuallyHousehold case procedure lawThis is a notification for entering an existing family register or creating a new family register after obtaining (according to the referee of Article 226, item 2).In addition, for those who have a resident's card and an individual number, the individual number will not change even if the person becomes unregistered and enrolled.
- Notification of start of guardianship for minors(Notification of Article 81 of the Family Register Act)
- Notification is required when there is no person exercising custody of a minor due to the death of his or her parents, or when the parent or guardian does not have control.
- Non-acceptance offer
- Offer to not submit marriage registration or divorce registration without permission.StalkerIt is used for defense from such things.PopularIdolEtc. are also said to be using this system.
- Rejection request withdrawal
- This is a document for canceling a non-receipt request. Offer when the above reasons are gone.
- Stillbirth report (Shizan Todoke) (Ministry of Health and Welfare Ordinance No. 21 of 42 (XNUMX)Regulations regarding notification of stillbirth)by)
- 12 weeks or moreFetusThestillbirth-abortionIf you do, you need to make this notification. By making this notification, about stillbirthburialCremationA permit will be issued.
Family register related documents
- Certificate of all matters related to family register
- It is a certificate of all the contents described in the family register. In the case of a family register that is not computerized, "Family register"(Koseki Tohon) ("Uta" means a copy of the whole sentence), but now it is almost computerized and can no longer be seen.
- Family register personal matter certificate
- It is a certificate of the contents of only those who need it, not all of them listed in the family register. In the case of a family register that is not computerized, "Family register extract"(Koseki Shohon) ("excerpt "means a copy of the necessary part, not all), but now it is almost computerized and has disappeared.
- What is commonly called "abbreviated manuscript"
- This is an extract that describes only the current family register and items that need to be removed. The proof itself is the same as a normal family register manuscript. In the case of a computerized family register, it is called a "partial matter certificate".
- Certificate of all matters to be removed
- This is a certificate of the family register that was removed. In the case of a family register that is not computerized, "Dismissal copy".
- All persons listed in the family register will be removed due to death, divorce, marriage, etc., or will be removed when the entire family register is moved to another municipality. Inheritance is often requested to confirm the existence of the inheritance right holder.
- Certificate of personal matters
- This is a certificate of the family register that was removed. In the case of a family register that has not been computerized, it is called a "removal manuscript".
- Refurbished original family register
- This is a copy of the family register that was the basis of the family register when it was remade (remodeled) by the ordinance of the ministry having jurisdiction over the family register due to the revision of the Family Register Act. Currently, there are two types of modified original family registers that can be issued.
- 1947 22 due to the revision of the law (Showa 22)Ministry of JusticeRevised original family register by official directive and modified original family register by Ministry of Justice Ordinance of 32
- 1994 Remodeled original family register by the Ordinance of the Ministry of Justice in 6 due to the revision of the law (6) (only for municipalities that have been computerized). It is also called "Heisei Kaisei Hara Family Register (Heisei Hara Family Register)".
- Since 1994 (Heisei 6), the law has not been amended to remodel the family register, so there is no certificate of all matters related to the remodeled original family register.
- Revised original family register manuscript
- This is a manuscript of the family register removed by the remodeling. As with the above items, there is no certificate of personal matters registered in the original family register.
- Family registration slip
- It is a record that matches the items described in the family register and the resident's card. It is a record based on the Basic Resident Registration Act, not the Family Register Act.
- Family register exemption slip
- It is an attached slip of the removed family register. It will be preserved for at least 5 years according to the Enforcement Ordinance of the Basic Resident Register Act.
- Remanufactured original family register certificate
- This is a document certifying the family register before it was remade when the family register was remade.
- Proof of absence
- It is a document certifying that a person is not listed in the family register of a certain address.
- Marriage requirements certificate
- This document is used by a person who has Japanese nationality to prove that he / she is eligible to marry the other country when he / she gets married under foreign law.
- Same-sex marriage,Close marriage,bigamyTo prevent this, identify the marriage partner and prove the eligibility to marry that partner.However, because of the proof of "marriage qualification based on Japanese law", even if you get married in a country where same-sex marriage is allowed as in the previous example, this proof is not allowed because the Japanese Family Register Act does not allow same-sex marriage. Not issued.For the partnership system introduced by local governments, see "Same-sex marriage in Japan"reference.
- It is mainly used to marry a foreigner, but it may also be used when Japanese people marry in a foreign country.Even if you marry a foreigner, you do not need to marry under Japanese law.In addition to issuing at the municipality where the registered domicile is located, bring a copy of the family registerLegal Affairs Bureau,Embassy-ConsulateIt is also possible to issue from.
- Bachelor certificate
- Unlike the proof of fulfillment of marriage requirements, it is simply a document certifying that there is no marriage relationship in the family register. Mainly used when registering for marriage information service.
- Certificate of acceptance
- It is a certificate that has received various notifications and is used for submissions to foreigners who have submitted birth notifications in Japan.
- It takes several days for the notified contents to be reflected in the family register and proved as a copy of the family register, and it is also used to carry out procedures based on the notified contents in the meantime.
- However, as a matter of fact, it is often used as a certificate that does not contain extra information such as birth matters, using the characteristic that it is only a proof of marriage.
- Certificate of matters to be stated in the notification form
- It is a certificate that the chief certifies by copying various notifications. While the acceptance certificate certifies the contents of the notification by excerpting it, the proof of the items stated in the notification is a copy of the submitted document itself, so the purpose of use and the claimant are strictly defined, and the specific purpose It will not be issued except.
- Of these, the most frequently issued "Certificate of items to be stated in the death report" isSurvivor pension,Simple insuranceIt is used for the procedure of.
- Family register entry certificate
- It certifies some of the items described in the copy of the family register, and is used when you want to certify only the necessary items.
- Certificate of acceptance of notification of marriage / divorce, adoption / adoption / recognition using woodfree paper
- A certificate of acceptance that looks like a certificate. It is created for the purpose of proving that the marriage or divorce with a foreign national was established in the Japanese way as the person in charge of the family register in Japan, but it is generally important from the appearance. Often requested as a memorial to the matter. Issuance fee is higher than regular certificate.
- Identification(Identification certificate)
- Declaration of prohibited or semi-prohibited births,1999 After (11)Adult guardianship systemNot registered based on,bankruptcyIt is a proof that you have not been sentenced.There is no mention of the person being conserved or being assisted.Some occupations (egSecurity businessIf you want to get a job in a police position inResidential land building businessEtc.), which is required when a certain person, such as an officer or manager, does not fall under these requirements, and when a notification of opening or renewal is made.This book does not prove that you are who you say you are.
- Permanent domicile·Permanent Address
- This is the place where the family register belongs.Registered domicile is domestic (although Japan claims sovereignty)Effective dominationIt can be changed anywhere (including areas that are out of reach).Under the current system, it means nothing more than "the place where the family register belongs", but some people do not change their registered domicile for generations.[Note 3].
- The person listed at the beginning of the family register.Husband and wifeIn his family register, he is the person whose surname did not change at the time of marriage. In resident's cardHead of householdUnlike, it does not have to be the person or survivor who supports the livelihood, and may be a 0-year-old child or a deceased person.
- Marriage partner. Basically, one is the first person in the family register and the other is the non-first person.
- Adopted child
- A person who has been legally given the right to inherit. A parent who accepts an adopted child is called an adopted parent.
- Usually, it refers to an ordinary adopted child. In this case, the family register describes "adopted" for men and "adopted" for women.
- Special adoption
- An adopted child whose legal treatment is almost the same as that of a real child. The requirements are different from the above-mentioned ordinary adoption. The notation on the family register is almost the same as the notation on the real child. The major difference is that in the case of a normal adopted child, the relationship with the real parent continues, but in the case of a special adopted child, most of the relationship with the real parent, including the inheritance right, disappears.
- Legitimate child(Legitimacy)
- A child born to a woman who is married or within 300 days of divorce.Even if you have no blood relationship with your husbandAppeal for denial of evacuationOrAppeal for confirmation of non-existence of parent-child relationshipUntil the claim is approved and confirmed, it is presumed to be a legitimate child (this is called legitimacy estimation).
- A child born within 200 days of marriage can be registered as an illegitimate child or an illegitimate child.
- Illegitimate child
- A "illegitimate child". Also called an out-of-marriage child.
- It is necessary to enter the existing family register due to birth, etc. (the point is that the person's information is recorded in the copy of the family register). The "registration notification" is issued when the non-leader takes over the child and gives his maiden name when the parent divorces.The antonym is "exclusion".
- In general, the word "enrollment" often refers to the registration of marriage or the marriage itself, but when the first marriages get married, a new family register is created., It is not legally correct to use "enrollment"[Note 4].. "Marriage registration" is sometimes called "registration registration", but it is not correct.
- It is excluded from the family register due to death, marriage, divorce, etc. In the non-computerized copy of the family register, a large "x" is written with a red pen on the name of the person who was removed. In the computerized certificate of all matters related to the family register, it is written with a frame to the left of the name of the person who was removed. The antonym is "enrollment".
- All were removed,Removal bookIt is a family register that entered. Family registers that have disappeared due to the removal of all members are placed in the removal book. Even if you meet the requirements for returning to the previous family register, you cannot return to the family register (you can create a family register in the same registered domicile, but the family register will be different). 150 years after being removed2010 It will be preserved for more than 22 years before the revision of the Family Register Act Enforcement Regulations (80).2010 Since the storage period before the revision of (22) was 80 years, depending on the municipalityShowaThe initial removal of the registration had begun to be abandoned, but due to the revision, the abandonment will be cancelled. The removal of the registration is saved as a document that can be proved in inheritance, etc., but since the removal of the registration is also a meaningful historical material, some historical researchers and others have raised the opinion that the disposal has begun. Is also the reason for the revision. The antonym is "current family register".
- Notification of division
- Only one person should separate the family register. The person who divided it becomes the first person in the family register (the permanent domicile can be set at that time). It is possible if you are 20 years old or older and have no marriage history (if you have a marriage history, it is meaningless because you are away from the family register of your parents at that time, and even if you divorce and the family register is divided between the couple, it is not called a separate registration).
- Transfer notification
- To move the domicile to another place. Everyone in the family register transfers together.
- If the registered domicile is transferred to another municipality, the family register up to that point will be removed and a new family register will be organized in the destination municipality.
- A person who does not have a family register due to the fact that the birth registration has not been submitted or the description of the family register is omitted is to be newly added to the family register.
- Current family register / current family register
- This is the family register currently in use. ⇔ Removal (2)
- Refurbished original family register
- It is the family register of the family register system before the current one.In the field, it is also called "Harakoseki" (abbreviated as "Harako") because it is not confused with "current family register".
- Showa Kaisei Hara Family Register
- 1948 It is a family register before the family register established (23). Initially, it was preserved for 50 years after the remodeling, but "Ministerial Ordinance on Remodeling of Family Register, Article 128, Paragraph 1 of the Family Register Act" (Heisei 16It was preserved for 4 years by the Ministry of Justice Ordinance No. 1 on April 29), and further "Ministerial Ordinance to partially revise the Family Register Act Enforcement Regulations" (Heisei 22It was preserved for 5 years by the Ministry of Justice Ordinance No. 6) on May 29.
- Heisei Kaisei original family register
- In a computerized municipality,1948 It is a family register established (23). It will be preserved for 150 years after being remodeled.
- Remanufactured original family register
- This is the old family register when the procedure for recreating the family register is taken due to dirt or misrepresentation.
- It is to manage the family register with a computer to improve the efficiency of office work.
- Unregistered children / unregistered / unregistered
- A person who is not listed in the family register. Including unemployed people.
- Exemption of authority (Shokken Shojo)
- The person in charge deletes the false statement from the family register by professional authority.
- For example,Edo PeriodThe death report of the person born has not been filed,Human capital OflifeJurisdiction in cases such as when death can be clearly estimated fromLegal Affairs BureauDo this with the permission of. It is not legally treated as a death.
- Dating back
- In order to determine the legal heir in the inheritance procedure, it is necessary to investigate the marriage / divorce, adoption / divorce, child birth, cognition, etc. of the decedent.Obtaining family register certificates from the death to birth of the decedent for that purpose.
Status / acts that do not exist under the law
After the end of World War IIImperial Japanese ConstitutionWith the abolition ofThe Constitution of JapanWith the enactment of1947 The Civil Code, the Family Register Act, and all the laws revised in 22 abolished the concepts, words, legal status, and legal acts based on the abolished family system.As an exampleMarry,Son-in-law,Cane,Mother-in-law,Righteous father,Mother-in-law,Grandfather,Grandmother,Righteous brother,Brother-in-law,Sister-in-law,Yimei,Home,Originator,Branch house,ParentsIn addition to, "marry", "become a bride", "marry", "give a bride", "give a bride", "get a bride", "get a son-in-law", "become a son-in-law", "give a son-in-law", "give a son-in-law" "Enter the register of."
On the other hand, legally, there is a distinction between parents who are relatives and parents-in-law who are relatives.Therefore, for example, in the relationship of the resident's card, there may be notations such as "husband's father" and "wife's mother".[Note 5]..Also in 2015CensusThen, "parents of the head of household" and "parents of the spouse of the head of household" are counted separately...Words like these that mean similar content are still widely used.
Administrative proceduresAdministrative scrivener,LawyerYou can ask.Labor Standards ActAs a result, workers and those who intend to become workers can obtain proof of their family register free of charge.
- ^ However, these areJapanese Emperor RemainsI denied the argument that it was.
- ^ As of March 2021, there is no direct association between the family register and the individual number, and there are no numbers or symbols that can uniquely identify a specific person in the family register system.However, the personal number and resident's card, and the resident's card and the attached slip of the family register are linked to each other.
- ^ Real estate registration,Car inspection certificateRights and obligations are generated based on the registrant's address, and if the address is different from the one at the time of registration when changing the name, proof that the registered address and the current address are continuous and that the procedure person is the same person. You may be asked for, and the address history at the time when you were in the relevant family register is recorded.Family registration slipA copy of "" may be used. A copy of the family register is also used to look up the address of a blood relative, such as an heir whose contact information is unknown. It may be difficult to prove continuity or identity when the family register changes frequently.Driver's license,Japan passportIs the registered domicile.
- ^ It is not correct to use enrollment in "when a first-married man who is not the first person in the family register and a remarried woman who is the first person in the family register get married and a new family register is created by calling himself the man." Even if they are first marriedSeparate registrationIf a woman chooses to give herself the name of a man who has a family register, she will be enrolled... The antonym of marriage is divorce, and the antonym of enrollment is expulsion.
- ^ Please note that the relationship of the resident's card is based on the notification of the Ministry of Internal Affairs and Communications, and is not stated in the law.
- ^ a b “Discrimination against inheritance of children born out of wedlock is unconstitutional in the Supreme Court”. Nihon Keizai Shimbun(July 2013, 9)
- ^ "State Council Seki's one-step promotion family register system reform opinion (full text)" (Chinese). Chinese newspaper web(July 2014, 7)
- ^ "Cities in China relax restrictions on family register acquisition, power to secure human resources". AFP. 2020/12/26Browse.
- ^ World Encyclopedia 2nd edition. “Silla book". Koto bank. 2018/6/4Browse.
- ^ "(PDF) "Ritsumeikan Law" No. 302,Ritsumeikan University, 2005, pp. 36-95.
- ^ December 22, 12 Law No. 22 "Law to Amend the Family Register Act", December 224, 22 [[Ministry of Justice (Japan) |]] Ordinance No. 12 "Family Register Act Enforcement Regulations"
- ^ (PDF)
- ^ Wikisource includesApril 4, the same year Ministry of Justice Notification No. 8 "Family register, removal of family register and loss of original family register"There is the original text of.
- ^ "Completion of remanufacturing data of family register lost due to the Great East Japan Earthquake”. Ministry of Justice (April 2011, 4). 2011/6/21Browse.
- ^ Supreme CourtEn banc decision September 2013, 9 Minshu Vol. 4, No. 67, p. 6,24 (Heisei 984) XNUMX, "Special Appeal Case Against Decision to Dismiss Appeal Against Heritage Division Referee".
- ^ "Family register copy, can be obtained by any local government Amendment law enacted”. Nihon Keizai Shimbun (July 2019, 5). 2020/1/18Browse.
- ^ "" Public Relations Mikura "No. 362, September 2nd year of Reiwa". Mikurajima Village. (December 2020) 2020/10/3Browse.
- ^ "Ministry of Justice explanatory material (examination of legislation of reading kana)”(May 2020, 9). 2021/8/1Browse.
- ^ "[Elderly people whose whereabouts are unknown] 100 people aged 23 and over who are" alive "in the family register, 150 people aged 884 and over, Ministry of Justice". MSN Sankei News(November 2010, 9). オ リ ジ ナ ルArchived as of October 2010, 9.
- ^ “Series Tracking 525. Super-elderly people living in the family register”. Shikoku Shimbun(November 2010, 9). オ リ ジ ナ ルArchived as of October 2010, 9.
- ^ A meeting to think about the revision of the Civil Code "Understanding Civil Code Amendment Selective Marital Surnames & Elimination of Discrimination against Married Couples" Chaoyangkai, February 2010.ISBN 978-4-903059-32-7.
- ^ Toru Hashimoto "This is the only way to realize a married couple's surname" "Why I appeal for the abolition of the family register"PRESIDENT Online(April 2020, 2) Viewed June 18, 2021
- ^ a b [Document Japan] Unregistered person Silence isolation / Estimated more than 1 people Avoid "illegitimate birth" Birth unreported / Administrative grasp / support not delivered"Nihon Keizai Shimbun』Morning edition November 2021, 6 (social aspect) Viewed November 6, 2021
- ^ Japan Broadcasting Corporation. “Anonymously wishing to give birth to a women's protection hospital “The government should take immediate action” Kumamoto". NHK News. 2021/10/29Browse.
- ^ As of May 2019, 5 (the first year of Reiwa), there are a total of 1 members of the imperial family, including the emperor, emeritus, and royal family.
- ^ Article 22 of the Imperial House Law (Law No. 1 of January 16, 3)
- ^ 22 Law No. 111 (Law concerning the family register of those who have left the status of the royal family and those who have become the royal family) Article 4
- ^ Article 39 of the Basic Resident Register Act, Article 33 of the Enforcement Ordinance of the Basic Resident Register Act
- ^ "The newspaper notation of the entertainer" enrolled "is" submit a marriage registration ". Economic premiere(July 2017, 10) 2020/10/2Browse.
- ^ Minako Kume (October 2008, 10). “Is it wrong to say that "marriage" is "enrolled"? ”. All About. 2011/10/12Browse.
- ^ For those who are requested to register their family register due to inheritance, etc. (going back to the family register)KakegawaOfficial homepage (viewed June 2021, 6)
- ^ "National Census 01500 Relationship with head of household (12 categories), Family type of household (16 categories), Age (5-year-old class), General household personnel by gender (3 generation households-special) Nationwide (city / county) Densely Inhabited Districts | Databases | Find Statistical Data”(Japanese). General contact point for government statistics. 2021/5/17Browse.
- Yoshito Aoki, Masasuke Omori "Family Register Act"Nippon Hyoronsha, September 1982, fully revised.NCID BN00451548.
- Kento Mori, "Family Register Management under Wartime: A Case Study of the Former Tokyo City," "Record Management," Vol. 68, Records Management Society, 2015, pp. 63-79, two:10.20704 / rmsj.68.0_63.
- Family register unified character
- Resident card - Juki Net
- marriage - divorce - Family name by couple
- Unregistered person - 300 days after divorce problem - Denial of denial
- Land ticket
- Family register
- Buraku problem
- Gender identity disorder - Hermaphroditism - Act on Special Exceptions for Handling Gender Identity Disabilities by Gender
- Family system
- Family law
- Notification No. 5200
- Hanfu family register
- Rural family register
- Ancient Japanese family register system
Purpose of the inheritance system of modern law
Regarding the inheritance system of the modern law, it is said that it is intended to guarantee the life of the bereaved family who lived with the heir and to prevent the inherited property of the heir from becoming immaterial. There is a theory to see.
Generally, what is caused by the death of natural people is often called inheritance, but there is also a system of pre-inheritance that does not cause death (The Constitution of JapanBefore the enforcementUnder the Meiji constitutionIn JapanFamily inheritanceIs whether or not the cause of death).
Inheritance of property in inheritance
According to the comparative law, when the cause of inheritance occurs (death, etc.), the property is transferred from the heir to the heir:Comprehensive successionとLiquidationThere is a form of.
- Comprehensive succession
- At the same time as the cause of inheritance occurs, the inheritance's property is comprehensively transferred to the heir without any liquidation procedure between the heir and the person with an interest. Under this system, the inheritance's assets, including debt, are all inherited, so another procedure (Abandonment,Limited approval) Is required. This is the form adopted in Japan, Germany, etc.
- However, even in this case,Limited approvalIf the system of is adopted, it will be in a form close to liquidation if it goes through the prescribed procedure.
- In this form, when the cause of inheritance occurs, the inherited property is not immediately succeeded to the inheritee, but is once attributed to and managed by the personal representative of the dead person. Then, this person liquidates the property relationship with the interested person of the heir, and if the positive property remains as a result, the heir succeeds it. This is the format used in the United Kingdom and the United States.
- Unlike comprehensive succession principle, the heir does not succeed the debt of the heir. However, if the inherited property is small, the cost may be overturned, and even if it is large, it may be economically preferable not to go through the clearing procedure. There are also cases where a person takes over the property.
Inheritance in Japanese law
The inheritance law in Japanese law mainly defines inheritanceCivil lawIt is specified in the fifth volume. The rules on inheritance in civil lawwillAllows you to make provisions that differ from the provisions of the Civil CodeOptional rulesWhile many are included,RemnantsDo not allow exclusion by will as prescribedForced regulationAlso exists.
- About Japanese Civil Code In the following, only the title is described.
Start of inheritance
The heir inherits all rights and obligations that belong to the property of the heir from the beginning of inheritance (when the heir died) (896 article).
A person who succeeds to the inheritance's financial statusHeir(Sozokun). In contrast, the inherited property, rights, legal formerHeirIt's called (Hisokuzoku Nin). Before the start of inheritance,Estimated heirIt is decided by the start of inheritance due to the death of the heirs. In addition, the general qualification that can be an heir is called the inheritance ability, and the corporation does not have the inheritance ability,FetusHas inheritance ability (886 article).
- The son of the heir
- The direct ancestor of the heir
- Heres siblings
Also, the spouse of the decedent will always be the heir, and will be the heir in the same order as the person who became the heir in the above order (890 article). It will be inherited between equal ranks, and will not be inherited between other ranks unless specified by a will. Unless you are nominated in a will or in the process of adoption, a person who is as good as a stranger has no inheritance rights. Example: All blood sisters have the right to inherit the father's property, but they do not have the right to inherit the property of the half-mother.
If the child of the heir or the siblings of the heir died before the start of inheritance and lost the right of inheritance due to inheritance disqualification or abolition of inheritance, the child of that person will succeed (887 articleItem 2・889 article2). thisInheritanceThe person who inheritsAgent, Who inheritedVictimThat.
The attacker must be a direct descendant of the heir (887 article2 proviso). The child of the adopted child who was born before adoption is not a direct descendant of the heir (Article 727 of the Civil Code recognizes that there is a consanguineous relationship between the adopted child and the adopted parent, but It is not admitted that a blood-kind relationship occurs with the blood-kind.) It is not possible to inherit an inheritance from the family (large size May 7, 5 Minshu 11:11).
In addition, inheritance does not occur as a cause of surrender, and inheritance does not occur for direct descendants (children, grandchildren, great-grandchildren, etc.) of the person who abandoned inheritance.
If the child of the heir who is the attacker loses the right of inheritance due to death, disqualification of inheritance, or abolition of inheritance, the grandchild inherits it (887 article3). thisSecond-generation inheritanceThe direct attacker will continue endlessly in direct lineage (children, grandchildren, great-grandchildren...). However, if the heirs are brothers and sisters, the attacker will be up to the nephew's niece, and the re-inheritance of the big nephew's niece is not permitted (889 articlereference).
You knowingly let the heirs or other heirs die,willFor example, destroy or forge a calligraphyArticle 891A person who has carried out a serious misconduct as prescribed in (cause of disqualification of inheritance) naturally loses his qualification as an heir in the inheritance of the heir. thisInheritance disqualificationThat.
Elimination of heirs
If the heir is abused, insulted, or grossly misconducted, the heir may lose the right of inheritance by appealing to the family court (892 article). thisElimination of heirsSay. Abolition of heirswillIt is also possible by a complaint by (893 article). The abandoned putative heir loses the right of inheritance.
The effect of inheritance
General effects of inheritance
By inheritance, the heir in principle inherits all rights and obligations belonging to the property of the heir (896 articleText). However, there are the following exceptions.
- Exclusive rights
- Inheritor's exclusive rights are not succeeded in the event of inheritance (896 articleProviso). There are the following.
- Proxy(111 article(Item 1 No. 1)
- For regular benefitsGift(Periodic gift,552 article）
- LoanStatus as a borrower in (599 article）
- DelegationStatus as a delegator or trustee in (653 article）
- Civil lawcombinationAs a member of (679 article）
- Fixed-term deposit contract (unless specifically approved by the bank)
- Right regarding rituals
- As a general rule, the ownership of genealogy, ritual equipment, and tombs is customarily inherited by the person who should preside over the ancestor's ritual, but when the heir is designated, that person shall succeed (897 article1).
If there are several heirs, the inheritance isTotalWill belong to (898 article). About the meaning of this "sharing"Shared theoryとCommon theoryThere is a conflict of249 articleThe theory of sharing is taken as the same as the following sharing (May 30, 5, Vol. 31, No. 9, page 6).
Right to claim inheritance recovery
A person who is disguised as an heir or who pretends to be an heir even though he or she was not (Hemisphere-False heir-Untrue heirIf he manages and disposes of the heritage, heirs can reclaim it. thisRight to claim inheritance recoverySay (884 article). The right to claim for inheritance restoration can be exercised comprehensively, and it is not necessary to specifically enumerate individual properties (Dalian judgment March 8, Taisho 3 (Min. 28, p. 25)). If the right to claim inheritance is not exercised for five years after the heir or his legal representative has learned that the right to inherit is infringed,Extinguished by prescriptionDo (884 article(First stage). It will also disappear 20 years after the start of inheritance (884 articleLatter part). It should be noted that the claim for inheritance restoration is highly respected in the Anglo-American law, in which only positive assets are inherited through liquidation, and there is a large difference from Japanese civil law.
It is said that the right to claim the inheritance restoration also applies to the problem of attribution of the right of inheritance between joint heirs. However, on the judicial precedent, if the joint heir claims the ownership of the extinguished prescription in the right to claim the inheritance restoration, even if the joint heir claims the ownership of another genuine co-inheritor, the fact that he/she infringes the interest of the other genuine joint heir It limits the range because it requires that there is a reasonable reason to believe that he/she has the right of inheritance (Maximum Dec. 53, 12, Minshu Vol. 20, No. 32, 9).
The share or percentage of the heir's inherited property, which is usually the ratio (900 article).
HeirswillMay determine the inheritance of the joint heirs or may entrust the determination of the inheritance to a third party (902 article(1 body). Inheritance determined by this methodDesignated inheritanceSay. However, heirs and third parties are required to designate inheritanceRemnantsNot be able to violate the regulations regarding (902 article1 proviso). If the heir determines only the inheritance of one or several of the joint heirs, or if a third party determines it, the inheritance of the other joint heir shall be determined by the provisions of the legal inheritance. Become(902 article2).
The theory is that even if the inheritance is designated and designated by the will as described above, the passive property is divided according to the statutory inheritance regardless of the designated inheritance. Regarding this, the decision of the Grand Council, December 5, 12, states that "... other divisible debts of financial debt should be borne by each person and the debt shall be borne in equal proportions ...". (Therefore, lower court cases where passive property is not subject to heritage division: Fukuoka High Resolution 4/4/12 25 826/259). On March 21, 03, the Supreme Court's third small court ruling (Heisei 24 (Received) 19) is an arguement, "However, the designation of the inheritance debt by the above will is the inheritance debt creditor. (Hereinafter, referred to as "inheritance creditor.") It is appropriate to understand that the effect does not apply to the inheritance creditor, because each inheritor is an inheritance creditor. If you are required to fulfill your inheritance obligations in accordance with your legal inheritance, you must comply and you cannot claim that you have inherited your inheritance obligations in accordance with your designated inheritance, but the inheritance creditor It should not be precluded from approving the effect of designation of inheritance obligations on inheritance obligations and requesting each heir to fulfill the obligations of inheritance in accordance with the designated inheritance obligations. It is believed that the opinion of the Court of Justice case is maintained. In this case, it is shown that if the attribution of debt is explicitly or implicitly determined by designated inheritance, it will not be effective against creditors, but it will be effective between heirs as specified. .
However, with regard to taxes and public dues to which the General Tax Law or Local Tax Law is applied/mutatis mutandis, if there is designation/designated consignment based on a will, in principle, the inheritance will be succeeded (Article 5, Paragraph 2 of the General Tax Law, Local Tax Law 9 It clearly states that Article 2 uses Article 902 of the Civil Code). Regarding taxes and public dues, when the value of the inherited property exceeds the inheritance tax amount, the obligation to pay in solidarity with other heirs is limited to the excess amount (Article 5, Paragraph 3 of the General Rules for National Tax, Local Tax Law). Article 9 paragraph 3).
If no inheritance is specified by willLegal inheritance(900 article)by.
As mentioned above, the family of the heir is: 1. the child of the heir, 2. the direct ancestry of the heir (the most recent parent among those of different relatives), 3. the siblings of the heir. Become heirs in that order (Article 889, paragraph 1), and the spouse of the heirs will always be the heirs (equal to any person who should be an heir to the heirs' blood line) (Article 890) ).
If there are several heirs within the range of heirs, the legal inheritance shall be as stipulated by the following items (900 article).
- When the child and spouse are heirs
- The inheritance of children and the inheritance of spouses are each one-half (Article 2 No. 1). When there are several children, their inheritance shall be equal (equal share) (Article 900 No. 1).
- When the spouse and direct lineage are heirs
- Two-thirds of the spouse's inheritance, one-third of the direct lineage inheritance (Article 3 No. 2). When there are several direct lineages, each inheritance is equal (equal) (Article 3 No. 1). In addition, in the case of direct lineage, the inheritance will only survive.
- When the spouse and siblings are heirs
Even if the heir has no spouse, if he/she has several children, direct ancestors, or siblings, their inheritance shall be equal, but the inheritance of siblings who share only one of their parents Minutes will be one-half of the inheritance of brothers and sisters who share the same parents (Article 2 No. 1).
Inheritance of a direct heir is the same as that of its direct lineage, and when there are several direct lineages who will be direct heirs, their direct lineage should have received Determine the inheritance according to the provisions of Article 900 (Article 901).
Incidentally,Illegitimate childInheritance of Article 900 No. 4Legitimate childIt was stipulated that it was half of the inheritance ofProceedings against inheritance of children born out of wedlockOn September 2013, 9, the Supreme CourtChild outside the marriageJudged that the inheritance of (illegitimate child) is unconstitutionalAccordingly, Article 2013 No. 12 was deleted due to a partial revision of the Civil Code on December 11, 900. The supplementary provisions stipulate that the revised provisions shall apply to inheritance that started after September 4, 2013.
|Ranking||Heir||Inheritance (remaining portion)|
|Be applicable||legal||spouse||Other relatives||spouse||Other relatives|
|1||First rank||will get||Child||1/2 (1/4)||1/2 (1/4)|
|2||First rank||Direct descent||2/3 (1/3)||1/3 (1/6)|
|3||First rank||Brothers and sisters||3/4 (1/2)||1/4 (none)|
|5||First rank||No||Child||-||All (1/2)|
|6||First rank||Direct descent||-||All (1/3)|
|7||First rank||Brothers and sisters||-||All (none)|
Inheritance of special beneficiaries
For co-inheritors who received special benefits from the beneficiaries, a substantial amount of property will be reclaimed in order to achieve substantial fairness in inheritance (903 article).
The special benefits include:
- Gifts for marriage
- Gifts for adoption
- Donated as livelihood capital
- Tuition assistance
For those who have contributed to the maintenance or increase of the property of the decedent among the joint heirs, a considerable amount of property shall be acquired in order to achieve substantial fairness in the inheritance.ContributionSystem (904-2) Is provided. this is1980 It was established by the revision of the civil code.
2018 According to the amendment of the Civil Code, heirs who have provided medical treatment and long-term care for the decedent free of charge can be claimed as having contributed to the maintenance or increase of the inherited property. (Civil Code Article 1050).Before the amendment, such contributions were treated as the above contributions, which was the most common case of contribution conflicts, but it is often difficult to objectively calculate such as the evaluation of domestic work. , A series of procedures for these matters has been established independently of other contributions.As with the general contribution, if the heirs do not agree, the family court can be asked to determine the amount, but unlike the general contribution, six months have passed since the heir was known after the start of the inheritance. Alternatively, it is necessary to make a claim within one year from the start of inheritance.
Transfer of inheritance, right to withdraw inheritance, abandonment of inheritance
If one of the joint heirs transfers the inheritance to a third party before the division of the heritage, the other co-inheritor may redeem its value and expenses and take over the inheritance (905 article1). However, this right of withdrawal must be exercised within one month (905 article2). In addition, the abandonment of the inheritance is an expression of intention to abandon the property before the heritage division, and has the effect of transferring the inheritance of the heir to another heir at the rate of the legal inheritance.
In the case of joint inheritance, divide the inheritance according to the inheritance and make it the sole property of each heir.
- Discussion or refereeing of division of heritage (907 article）
- Specify the method of division by will (908 article）
- The heir shall, in his will, determine the method of dividing the heritage, or establish it.third partyIt is possible to prohibit the division of the heritage by entrusting it to or setting a period not exceeding 5 years from the start of inheritance.
- Effect of inheritance division (909 article）
- The division of heritage goes into effect at the start of inheritance. However, it cannot harm the rights of third parties.
- Claims for the value of the person recognized after the start of inheritance (910 article）
PrecedentThen, the heir who acquired the right to the real estate through the inheritance division cannot compete with the third party who acquired the right after the division without registration.
Approval and abandonment of inheritance
Inheritance has the effect of inheriting the rights and obligations of the beneficiary, but either actually inheriting the inheritance and succeeding the rights or obligations, or waiving the inheritance and rejecting the succession of the rights and obligations. It is up to each heir's will. However, if the heir921 articleWhen the reason specified in is done,Simple approvalIs considered to have done.
That the heir accepts the succession of the rights and obligations of the heirInheritance approvalAccording to the range of acceptance of succession of rights and obligationsSimple approvalとLimited approvalIt is divided into That the heir accepts the succession of the rights and obligations of the heirAbandonment of inheritance (Abandonment of inheritance)That.
In addition, in order for the person under conservatorship to approve or abandon inheritance or divide the inheritance, he or she must obtain the consent of the person under care (13 article).
There is a limit to the period (consideration period) during which approval and waiver of inheritance should be made. Approval or abandonment of inheritance must be made within three months of knowing that inheritance has begun for oneself (915 article(1 body). However, during this period, the family court may extend at the request of interested parties and the public prosecutor (915 article1 proviso). "When I knew that there was a start of inheritance for myself" is the time when I knew the fact that should be the cause of the start of inheritance and that I became a heir ( Taisho Taisho 15th August, 8rd vol. 3 5). The heir must manage the inherited property with the same care as in its own property until it approves or renounces the inheritance (918 article1).
Incidentally,Great East Japan EarthquakeFor special cases withAct on Special Exceptions to Civil Code Related to the Period to Approve or Abandon Inheritance Following the Great East Japan Earthquakereference.
Mode of inheritance approval and abandonment
- Simple approval
- Simple approval is that the heir inherits the rights and obligations of the heir indefinitely by inheritance (920 articleLess than). In addition, heir921 articleWhen the reason prescribed in (the reason for simple approval by statutory) is done, it is considered as the simple approval.
- Limited approval
- The limited approval is to repay the beneficiary's debts and bequests to the extent of the property acquired by inheritance (922 articleLess than). In the case of co-inheritance, limited approval may only be done jointly by all co-inheritants (923 article).
- If you abandon your inheritance, you will be deemed not to have been the heir from the beginning for that inheritance (939 article). Inheritance is abandoned when there is a high probability that the inherited property is in excess of debt, or when it is desired to concentrate the inherited property on some heirs. In case of abandonment of inheritance, the applicant must make a declaration to the family court having jurisdiction over the place of last residence of the heir (940 article). Abandonment of inheritance does not become a cause of inheritance.
Approval of inheritance and withdrawal and cancellation of abandonment
If the heir approves or abandons the inheritance,915 articleCannot be withdrawn even within the period of (919 article1). However, if there is a cause of cancellation specified in the General Provisions of the Civil Code and the Family919 articleCancellation is possible within the fixed period specified in paragraph 3 (919 article(Sections 2 and 3). In this case, a person who intends to cancel the limited approval or the waiver of inheritance must make a declaration to the family court (919 article4).
A procedure that separates, manages, and liquidates the inherited property so that the inherited property is not confused. Property separation is at the request of inheritance creditors or beneficiariesFirst-class property separation(941 articleBelow) and at the request of the heir's creditorSecond-class property separation(950 articleThere is). Property separation941 articleAlthough specified below, it is rarely used in practice. This is for inherited property and heirsbankruptcyIt seems that bankruptcy filing is possible if there is a cause.
The absence of heirs
If the heir is not known,Inheritance corporationNext to (951 article),belowProcedure for determining absence of heirsWill be taken. Note that there is no heir for the testamentary, but if there is a comprehensive beneficiary for all of the inherited property, the inherited property will belong to the comprehensive beneficiary. It cannot be taken (see Supreme Court September 9, 9, Vol. 12, No. 51, page 8).
- Establishment of inheritance corporation (951 article) ・Appointment of the inheritance property manager and its public announcement (952 article)-First search period
- The announcement period is 2 months (957 articleIn the first paragraph of paragraph 1), if it is not clear that there is an heir within this announcement period, move to the next search stage.
- Public notice that a claim should be filed against the inheritance obligee and the beneficiary (957 article1)-Second search period
- The notification period is set to a period of 2 months or more (957 articleAfter the 1st paragraph), the liquidation procedure with creditors, etc. will be started. If it is not revealed that there is an heir within this notice period, move to the next search stage.
- Notice of search for heirs (958 articleFirst stage)-The third search period
- The announcement period is set to a period of 6 months or more (958 articleLatter part).
- When it becomes clear that there is an heir in the period from the establishment of the inheritance corporation to the establishment of the absence of the heir, the inheritance corporation is considered not to have been established (955 articleText). However, it does not affect the effectiveness of the acts of the inheritance manager within its authority (955 articleProviso)
- Expiration of the heir search period, confirmation of absence of heir, exclusion (958-2Due to this, heirs and inherited creditors and beneficiaries who are unknown to the inherited property manager cannot exercise their rights.)
- Special relativesDistributing inherited property to persons who have made a living with the heirs or who have worked for medical treatment and care of the heirs
- It is necessary that the request for sharing the inheritance property of a special relative should be made within 3 months after the absence of the heir is confirmed (958-3).
- Attribution to the treasury of residual assets (959 article）
Inheritance in foreign countries
The United States of America
The inheritance-only heritage, which was recognized in Britain, has been banned by law due to public opinion. A lawsuit is being carried out in Boston to make a trust that cannot be withdrawn until the second generation.
People's Republic of China
Inheritance in the People's Republic of China is stipulated in and has the following characteristics.
- The short-term prescription period for the claim for inheritance restoration is two years (Article 2 of the People's Republic of China Succession Act).
- Regarding the inheritance order of spouses, it is said that it is the first rank in the same line as children and parents (Article 10 paragraph 1 of the People's Republic of China Succession Act).
- Equal positions in the inheritance of wedlock and illegitimate child (People's Republic of China Succession Act Article 10 paragraph 3).
- If one of the spouses has exhausted their primary dependents on the spouse's parents, he/she will be the first heir (Article 12 of the Succession Law of the People's Republic of China).
The inheritance system in the People's Republic of China is closely related to the dependent system, and the inheritance of the heir may change due to the relationship with the dependent system..
Occupation related to inheritance
Specialized national qualifications include notaries, judicial scriveners, lawyers and tax accountants. Notaries are involved in notary deedsThe judicial scrivener is the inheritance registration/registration procedure resulting from inheritance, legal inheritance certification information application procedure, inheritance inheritance business, preparation of documents submitted to court and preparation of documents attached to these procedures, inheritance business such as investigation of family register, etc.However, lawyers can only be legally involved in dispute cases in addition to general inheritance affairs.The tax accountant will file the inheritance tax filing procedure.
- ^ It is also legally expressed as follows. "Natural person (inherited)Property lawAfter the death of the person, the upper position is legal or the final will of the person (will) To the heirs. Zentaro Kitagawa "Relatives and Inheritance" Yuhikaku, 1994
- ^ "Discrimination against inheritance of children born out of wedlock is unconstitutional En banc" Nihon Keizai Shimbun 2013 May 9
- ^ en: Ferdinand Lundberg Original titleThe Rich and the Super-Rich Japanese title "Millionaire and the Millionaire" Vol. 1974 Hayakawa Shobo 269 p.XNUMX.
- ^ Mihoko Kato, “Chinese Family Law [Marriage, Adoption, Inheritance] Questions and Answers,” 2008 (460 pages)
- ^ Civil Code Article 967, Civil Code Article 969, Notary Law Article 1 Item 2
- ^ Judicial Scrivener Law Article 3, Judicial Scrivener Law Article 29, Judicial Scrivener Law Enforcement Regulations Article 31
- ^ Lawyer Article 3
- ^ Tax accountant law Article 2
- inheritance tax - Inheritance tax law
- Family Fortune War
- Child outside the marriage
- Legal Affairs Bureau
- The "inheritance method" that will change in about 40 years! What changes in inheritance and how will it change? - Government public relations online > Information useful for daily life (September 30, 9) Viewed January 26, 2019