戸籍法(昭和二十二年法律第二百二十四号)
Family Register Act(Act No. 224 of 1947)
最終更新:平成十九年法律第三十五号
Last Version: Act No. 35 of 2007
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May 21, 2024
- Last Version: Act No. 58 of 2023
- Translated Date: December 15, 2023
- Dictionary Version: 16.0
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July 27, 2023
- Last Version: Act No. 42 of 2021
- Translated Date: March 20, 2023
- Dictionary Version: 15.0
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January 29, 2014
- Last Version: Act No. 35 of 2007
- Translated Date: February 7, 2011
- Dictionary Version: 5.0
戸籍法
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Family Register Act
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昭和二十二年十二月二十二日法律第二百二十四号
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Act No. 224 of December 22, 1947
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第一章 総則(第一条―第五条)
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Chapter I General Provisions(Articles 1 to 5)
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第二章 戸籍簿(第六条―第十二条の二)
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Chapter II Family Register Book(Articles 6 to 12-2)
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第三章 戸籍の記載(第十三条―第二十四条)
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Chapter III Entries in a Family Register(Articles 13 to 24)
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第四章 届出
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Chapter IV Notifications
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第一節 通則(第二十五条―第四十八条)
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Section 1 General Rules(Articles 25 to 48)
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第二節 出生(第四十九条―第五十九条)
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Section 2 Birth(Articles 49 to 59)
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第三節 認知(第六十条―第六十五条)
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Section 3 Acknowledgment of Parentage(Articles 60 to 65)
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第四節 養子縁組(第六十六条―第六十九条の二)
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Section 4 Adoption(Articles 66 to 69-2)
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第五節 養子離縁(第七十条―第七十三条の二)
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Section 5 Dissolution of Adoptive Relationship(Articles 70 to 73-2)
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第六節 婚姻(第七十四条―第七十五条の二)
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Section 6 Marriage(Articles 74 to 75-2)
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第七節 離婚(第七十六条―第七十七条の二)
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Section 7 Divorce(Articles 76 to 77-2)
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第八節 親権及び未成年者の後見(第七十八条―第八十五条)
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Section 8 Parental Authority and Guardianship of a Minor(Articles 78 to 85)
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第九節 死亡及び失踪(第八十六条―第九十四条)
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Section 9 Death and Disappearance(Articles 86 to 94)
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第十節 生存配偶者の復氏及び姻族関係の終了(第九十五条・第九十六条)
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Section 10 Surviving Spouse's Reversion to Previous Surname and End of a Relationship by Affinity(Articles 95 and 96)
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第十一節 推定相続人の廃除(第九十七条)
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Section 11 Disinheritance of a Presumptive Heir(Article 97)
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第十二節 入籍(第九十八条・第九十九条)
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Section 12 Entry of a Name in a Family Register(Articles 98 and 99)
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第十三節 分籍(第百条・第百一条)
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Section 13 Separation from a Family Register(Articles 100 and 101)
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第十四節 国籍の得喪(第百二条―第百六条)
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Section 14 Acquisition or Loss of Japanese Nationality(Articles 102 to 106)
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第十五節 氏名の変更(第百七条・第百七条の二)
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Section 15 Change of Name(Articles 107 and 107-2)
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第十六節 転籍及び就籍(第百八条―第百十二条)
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Section 16 Transfer of Registered Domicile and Registration of Unregistered Person(Articles 108 to 112)
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第五章 戸籍の訂正(第百十三条―第百十七条)
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Chapter V Correction of a Family Register(Articles 113 to 117)
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第六章 電子情報処理組織による戸籍事務の取扱いに関する特例(第百十八条―第百二十条)
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Chapter VI Special Provisions on the Handling of Clerical Work Related to Family Registers by Electronic Data Processing Systems(Articles 118 to 120)
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第七章 不服申立て(第百二十一条―第百二十五条)
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Chapter VII Appeals(Articles 121 to 125)
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第八章 雑則(第百二十六条―第百三十一条)
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Chapter VIII Miscellaneous Provisions(Articles 126 to 131)
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第九章 罰則(第百三十二条―第百三十八条)
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Chapter IX Penal Provisions(Articles 132 to 138)
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附 則
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Supplementary Provisions
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第一章 総則
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Chapter I General Provisions
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(2)The affairs set forth in the preceding paragraph shall be Item I statutory entrusted functions as prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).
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(2)When the head of the Legal Affairs Bureau or District Legal Affairs Bureau with jurisdiction over the location of a city office or town/village office finds it necessary to the processing of clerical work related to family registers, he/she may request reports from or give advice or make recommendations to the mayor of a municipality.In this case, the head of such bureau may give instructions to the mayor of a municipality when he/she finds it particularly necessary to ensure proper processing of clerical work related to family registers.
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3戸籍事務については、地方自治法第二百四十五条の四、第二百四十五条の七第二項第一号、第三項及び第四項、第二百四十五条の八第十二項及び第十三項並びに第二百四十五条の九第二項第一号、第三項及び第四項の規定は、適用しない。
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(3)With regard to clerical work related to family registers, the provisions of Article 245-4, Article 245-7, paragraph (2), item (i), and paragraphs (3) and (4), Article 245-8, paragraphs (12) and (13), and Article 245-9, paragraph (2), item (i), and paragraphs (3) and (4) of the Local Autonomy Act shall not apply.
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Article 4In the areas of the metropolitan district of Tokyo that are divided into wards, the provisions of this Act concerning cities, city mayors, and city offices shall apply mutatis mutandis to wards, ward mayors, and ward offices, respectively. The same shall apply to the designated cities set forth in Article 252-19, paragraph (1) of the Local Autonomy Act.
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第二章 戸籍簿
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Chapter II Family Register Book
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Article 6A family register shall be created for each unit consisting of a husband and wife, and any children thereof with the same surname, who have their registered domicile within the area of a municipality; provided, however, that when a new family register is created for a person who has entered into marriage with a person who is not a Japanese national (hereinafter referred to as a "foreign national"), or for a person who does not have a spouse, it shall be created for each unit consisting of such person and any children thereof with the same surname.
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Article 10(1)A person entered in a family register (including a person whose name has been removed from the family register (excluding a person regarding whom all of the entries therein have been made at the error of the mayor of the municipality and then corrected pursuant to the provisions of Article 24, paragraph (2))), or his/her spouse, lineal ascendant, or lineal descendant may request the issuance of a transcript or extract of the family register, or a certificate of the matters entered in the family register (hereinafter referred to as a "transcript of a family register, etc.").
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Article 10-2(1)A person other than the person prescribed in paragraph (1) of the preceding Article may request the issuance of a transcript of a family register, etc. only in the cases listed in the following items.In this case, the person who makes the request shall clarify the matters specified respectively in those items:
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一自己の権利を行使し、又は自己の義務を履行するために戸籍の記載事項を確認する必要がある場合権利又は義務の発生原因及び内容並びに当該権利を行使し、又は当該義務を履行するために戸籍の記載事項の確認を必要とする理由
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(i)where the person needs to confirm the matters entered in the family register in order to exercise his/her own right or perform his/her own obligation:the cause and content of the right or the obligation, as well as the reasons for which he/she needs to confirm the matters entered in the family register in order to exercise said right or perform said obligation;
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二国又は地方公共団体の機関に提出する必要がある場合戸籍謄本等を提出すべき国又は地方公共団体の機関及び当該機関への提出を必要とする理由
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(ii)where the person needs to submit a transcript of the family register, etc. to a national or local government agency:the national or local government agency to which he/she must submit a transcript of the family register, etc., and the reasons for which he/she needs to submit it to said agency; and
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三前二号に掲げる場合のほか、戸籍の記載事項を利用する正当な理由がある場合戸籍の記載事項の利用の目的及び方法並びにその利用を必要とする事由
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(iii)in addition to the cases listed in the preceding two items, where the person has justifiable grounds for using the matters entered in the family register:the purpose for which and way in which he/she will use the matters entered in the family register, as well as the reasons for which he/she needs to use such matters.
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(2)Notwithstanding the provisions of the preceding paragraph, a national or local government agency may request the issuance of a transcript of a family register, etc. if the agency needs it in order to perform clerical work prescribed by law and regulations.In this case, the official with the authority to take charge of making the request shall clarify his/her government position, the type of clerical work, and the clauses of the governing law and regulations that are the grounds therefor, as well as the purpose for which the matters entered in the family register will be used.
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3第一項の規定にかかわらず、弁護士(弁護士法人を含む。次項において同じ。)、司法書士(司法書士法人を含む。次項において同じ。)、土地家屋調査士(土地家屋調査士法人を含む。次項において同じ。)、税理士(税理士法人を含む。次項において同じ。)、社会保険労務士(社会保険労務士法人を含む。次項において同じ。)、弁理士(特許業務法人を含む。次項において同じ。)、海事代理士又は行政書士(行政書士法人を含む。)は、受任している事件又は事務に関する業務を遂行するために必要がある場合には、戸籍謄本等の交付の請求をすることができる。この場合において、当該請求をする者は、その有する資格、当該業務の種類、当該事件又は事務の依頼者の氏名又は名称及び当該依頼者についての第一項各号に定める事項を明らかにしてこれをしなければならない。
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(3)Notwithstanding the provisions of paragraph (1), an attorney (including a legal professional corporation; the same shall apply in the following paragraph), judicial scrivener (including a judicial scrivener corporation; the same shall apply in the following paragraph), land and house investigator (including a land and house investigation corporation; the same shall apply in the following paragraph), certified public tax accountant (including a certified public tax accounting corporation; the same shall apply in the following paragraph), social and labor insurance public consultant (including a social and labor insurance public consultancy corporation; the same shall apply in the following paragraph), patent attorney (including a patent professional corporation; the same shall apply in the following paragraph), marine procedure commission agent, or administrative scrivener (including an administrative scrivener corporation) may request the issuance of a transcript of a family register, etc. if he/she needs it in order to execute business concerning a case or clerical work that he/she has undertaken.In this case, the person who makes the request shall clarify his/her qualifications, the type of the business, the name of the client in the case or the clerical work, and the matters specified in the items of paragraph (1) regarding said client.
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(4)Notwithstanding the provisions of paragraph (1) and the preceding paragraph, an attorney, judicial scrivener, land and house investigator, certified public tax accountant, social insurance and labor public consultant, or patent attorney may request the issuance of a transcript of a family register, etc. if he/she needs it in order to execute the following business with regard to a case that he/she has undertaken.In this case, the person who makes the request shall clarify his/her qualifications, the type of case, the procedures which he/she is carrying out or wishes to carry out as an agent in the course of his/her business, and the purpose for which the matters entered in the family register will be used:
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一弁護士にあつては、裁判手続又は裁判外における民事上若しくは行政上の紛争処理の手続についての代理業務(弁護士法人については弁護士法(昭和二十四年法律第二百五号)第三十条の六第一項各号に規定する代理業務を除く。)
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(i)in the case of an attorney, representation services for court proceedings or for out-of-court proceedings involving civil or administrative dispute resolution (in the case of a legal professional corporation, excluding representation services prescribed in the items of Article 30-6, paragraph (1) of the Attorney Act (Act No. 205 of 1949));
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二司法書士にあつては、司法書士法(昭和二十五年法律第百九十七号)第三条第一項第三号及び第六号から第八号までに規定する代理業務(同項第七号及び第八号に規定する相談業務並びに司法書士法人については同項第六号に規定する代理業務を除く。)
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(ii)in the case of a judicial scrivener, representation services prescribed in Article 3, paragraph (1), item (iii) and items (vi) to (viii) of the Judicial Scrivener Act (Act No. 197 of 1950) (excluding consultation services prescribed in items (vii) and (viii) of said paragraph; in the case of a judicial scrivener corporation, excluding representation services prescribed in item (vi) of said paragraph);
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三土地家屋調査士にあつては、土地家屋調査士法(昭和二十五年法律第二百二十八号)第三条第一項第二号に規定する審査請求の手続についての代理業務並びに同項第四号及び第七号に規定する代理業務
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(iii)in the case of a land and house investigator, representation services for handling the procedures for a request for examination prescribed in Article 3, paragraph (1), item (ii) of the Land and House Investigator Act (Act No. 228 of 1950) and representation services prescribed in items (iv) and (vii) of said paragraph;
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四税理士にあつては、税理士法(昭和二十六年法律第二百三十七号)第二条第一項第一号に規定する不服申立て及びこれに関する主張又は陳述についての代理業務
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(iv)in the case of a certified public tax accountant, representation services for handling an appeal prescribed in Article 2, paragraph (1), item (i) of the Certified Public Tax Accountant Act (Act No. 237 of 1951) and any claim or statement concerning such an appeal;
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五社会保険労務士にあつては、社会保険労務士法(昭和四十三年法律第八十九号)第二条第一項第一号の三に規定する審査請求、異議申立て及び再審査請求並びにこれらに係る行政機関等の調査又は処分に関し当該行政機関等に対してする主張又は陳述についての代理業務並びに同項第一号の四から第一号の六までに規定する代理業務(同条第三項第一号に規定する相談業務を除く。)
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(v)in the case of a social insurance and labor public consultant, representation services for handling a request for examination, objection, or request for re-examination prescribed in Article 2, paragraph (1), item (i)-3 of the Act on Public Consultants on Social and Labor Insurance (Act No. 89 of 1968) and any claim or statement to be submitted to the administrative organ, etc. with respect to the investigation or disposition conducted or made by the administrative organ, etc. in response to such a request, etc., and representation services prescribed in items (i)-4 to (i)-6 of said paragraph (excluding consultation services prescribed in paragraph (3), item (i) of said Article); and
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六弁理士にあつては、弁理士法(平成十二年法律第四十九号)第四条第一項に規定する特許庁における手続(不服申立てに限る。)、異議申立て及び裁定に関する経済産業大臣に対する手続(裁定の取消しに限る。)についての代理業務、同条第二項第一号に規定する税関長又は財務大臣に対する手続(不服申立てに限る。)についての代理業務、同項第二号に規定する代理業務、同法第六条に規定する訴訟の手続についての代理業務並びに同法第六条の二第一項に規定する特定侵害訴訟の手続についての代理業務(特許業務法人については同法第六条に規定する訴訟の手続についての代理業務及び同法第六条の二第一項に規定する特定侵害訴訟の手続についての代理業務を除く。)
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(vi)in the case of a patent attorney, representation services for procedures with the Japan Patent Office (limited to appeals) and procedures involving the Minister of Economy, Trade and Industry with regard to an objection or award (limited to revocation of an award), as prescribed in Article 4, paragraph (1) of the Patent Attorney Act (Act No. 49 of 2000), representation services for procedures involving a Director-General of Customs or the Minister of Finance, as prescribed in paragraph (2), item (i) of said Article (limited to appeals), representation service prescribed in paragraph (2), item (ii) of said Article, representation services for proceedings in lawsuits prescribed in Article 6 of said Act, and representation services for proceedings in specific infringement lawsuits prescribed in Article 6-2, paragraph (1) of said Act (in the case of a patent professional corporation, excluding representation services for proceedings in lawsuits prescribed in Article 6 of said Act and representation services for proceedings in specific infringement lawsuits prescribed in Article 6-2, paragraph (1) of said Act).
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5第一項及び第三項の規定にかかわらず、弁護士は、刑事に関する事件における弁護人としての業務、少年の保護事件若しくは心神喪失等の状態で重大な他害行為を行った者の医療及び観察等に関する法律(平成十五年法律第百十号)第三条に規定する処遇事件における付添人としての業務、逃亡犯罪人引渡審査請求事件における補佐人としての業務、人身保護法(昭和二十三年法律第百九十九号)第十四条第二項の規定により裁判所が選任した代理人としての業務、人事訴訟法(平成十五年法律第百九号)第十三条第二項及び第三項の規定により裁判長が選任した訴訟代理人としての業務又は民事訴訟法(平成八年法律第百九号)第三十五条第一項に規定する特別代理人としての業務を遂行するために必要がある場合には、戸籍謄本等の交付の請求をすることができる。この場合において、当該請求をする者は、弁護士の資格、これらの業務の別及び戸籍の記載事項の利用の目的を明らかにしてこれをしなければならない。
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(5)Notwithstanding the provisions of paragraphs (1) and (3), an attorney may request the issuance of a transcript of a family register, etc. if he/she needs it in order to perform his/her services in acting as a defense counsel in a criminal case, in acting as an attendant in a juvenile protection case or a treatment case prescribed in Article 3 of the Act on Medical Care and Treatment for Persons Who Have Caused Serious Harm to Others While in a State of Insanity (Act No. 110 of 2003), in acting as an assistant in court in a case involving a request for examination on the extradition of a fugitive, in acting as an agent appointed by the court pursuant to the provisions of Article 14, paragraph (2) of the Act on Protection of Personal Liberty (Act No. 199 of 1948), in acting as a counsel appointed by the presiding judge pursuant to the provisions of Article 13, paragraphs (2) and (3) of the Personal Status Litigation Act (Act No. 109 of 2003), or in acting as a special agent prescribed in Article 35, paragraph (1) of the Code of Civil Procedure (Act No. 109 of 1996).In this case, the person who makes the request shall clarify his/her qualifications as an attorney, the category of services concerned, and the purpose for which the matters entered in the family register will be used.
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Article 10-3(1)When a request set forth in Article 10, paragraph (1), or paragraphs (1) to (5) of the preceding Article is made, the person taking charge of actually making the request shall clarify to the mayor of the municipality his/her name and other matters specified by Ordinance of the Ministry of Justice that are necessary for identifying the person taking charge of actually making the request, by showing his/her driver's license or by any other method specified by Ordinance of the Ministry of Justice.
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(2)In the case referred to in the preceding paragraph, if the person taking charge of actually making the request is an agent of the person making the request (in the case of the request set forth in paragraph (2) of the preceding Article, if the person taking charge of actually making the request is an agent of the official with the authority to take charge of making the request; hereinafter referred to as the "requester" in this paragraph and the following Article) or any person other than the requester, the person who is taking charge of making the request shall submit, to the mayor of municipality, a document clarifying that he/she is the person taking charge of making the request at the requester's behest or pursuant to the provisions of laws and regulations, by a method specified by Ordinance of the Ministry of Justice.
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Article 10-4Where a request set forth in Article 10-2, paragraphs (1) to (5) has been made, and when the mayor of the municipality finds that the matters that the requester is to clarify pursuant to these provisions have not been clarified, he/she may ask for the necessary explanations from the requester.
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Article 11When the whole or a part of a family register book is lost or is likely to be lost, the Minister of Justice shall give instructions to take the necessary measures for its replication or supplementation.In this case, if a family registry is lost, the Minister of Justice shall give public notice to that effect.
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Article 11-2(1)With regard to a family register in which an entry has been made based on a false notification, etc. (meaning a notification, a report, an application, a request or a commission, a certified copy of a certificate or of a logbook, or a judicial decision; hereinafter the same shall apply in this paragraph) or a notification, etc. made by mistake, or due to an error made by the mayor of the municipality, and then such entry has been corrected pursuant to the provisions of Article 24, paragraph (2), Article 113, Article 114 or Article 116, when a person entered in the family register (including a person whose name has been removed from such family register; the same shall apply in the following paragraph) requests the replication of an abridged edition of the family register without the entries containing the matters related to such corrections, the Minister of Justice shall give instructions to take the necessary measures for the replication thereof; provided, however, that this shall not apply when a replicated family register would contain a mistake or omission in its entries.
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(2)The provisions of the main clause of the preceding paragraph shall also apply where, with regard to a family register for which the mayor of the municipality has corrected, added, or deleted a character(s) when making an entry therein, a person entered in the family register requests the replication of an abridged edition of the family register without the entries containing the matters related to such correction, addition, or deletion.
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Article 12-2The provisions of Articles 10 to 10-4 shall apply mutatis mutandis to cases in which the issuance of a transcript or extract of a removed family register or a certificate of the matters entered in a removed family register (hereinafter referred to as a "transcript of a removed family register, etc.") is requested.
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第三章 戸籍の記載
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Chapter III Entries in a Family Register
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一氏名
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(i)his/her name;
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二出生の年月日
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(ii)his/her date of birth;
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三戸籍に入つた原因及び年月日
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(iii)the cause and date of his/her entry in the family register;
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四実父母の氏名及び実父母との続柄
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(iv)the names of his/her natural parents and his/her relationship with his/her natural parents;
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五養子であるときは、養親の氏名及び養親との続柄
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(v)in the case of an adopted child, the name(s) of his/her adoptive parent(s) and his/her relationship with his/her adoptive parent(s);
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六夫婦については、夫又は妻である旨
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(vi)for a husband and wife, a statement that they are husband and wife;
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七他の戸籍から入つた者については、その戸籍の表示
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(vii)for a person whose name has been moved from another family register, reference to the former family register; and
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八その他法務省令で定める事項
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(viii)other matters specified by Ordinance of the Ministry of Justice.
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Article 16(1)When a notification of marriage is made, a new family register shall be created for the husband and wife; provided, however, that this shall not apply where the husband and wife take the husband's surname and the husband's name is entered at the head of his family register, or where they take the wife's surname and the wife's name is entered at the head of her family register.
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Article 19(1)When a person who has taken a new surname as a result of marriage or adoption reverts to the surname used before marriage or adoption as a result of divorce, dissolution of an adoptive relationship, or annulment of marriage or adoption, the name of such person shall be entered in the family register in which he/she was entered before marriage or adoption; provided, however, that when his/her previous family register has already been removed, or when he/she requests the creation of a new family register, a new family register shall be created.
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(2)The provisions of the preceding paragraph shall apply mutatis mutandis to cases where a person reverts to the surname used before marriage pursuant to the provisions of Article 751, paragraph (1) of the Civil Code, and where a person reverts to his/her previous surname pursuant to the provisions of Article 791, paragraph (4) of said Code.
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3民法第七百六十七条第二項(同法第七百四十九条及び第七百七十一条において準用する場合を含む。)又は同法第八百十六条第二項(同法第八百八条第二項において準用する場合を含む。)の規定によつて離婚若しくは婚姻の取消し又は離縁若しくは縁組の取消しの際に称していた氏を称する旨の届出があつた場合において、その届出をした者を筆頭に記載した戸籍が編製されていないとき、又はその者を筆頭に記載した戸籍に在る者が他にあるときは、その届出をした者について新戸籍を編製する。
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(3)Where a notification has been submitted to the effect that a person will use the surname that he/she used at the time of his/her divorce or annulment of marriage, or at the time of the dissolution of his/her adoptive relationship or annulment of his/her adoption pursuant to the provisions of Article 767, paragraph (2) of the Civil Code (including the cases where applied mutatis mutandis pursuant to Articles 749 and 771 of said Code) or Article 816, paragraph (2) of said Code (including the cases where applied mutatis mutandis pursuant to Article 808, paragraph (2) of said Code), when there is no family register in which the person is entered at the head, or when there is any other person in the family register in which the person who has made the notification is entered at the head, a new family register shall be created for such person.
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Article 20-2(1)Where a notification has been submitted to the effect that a person is changing his/her surname pursuant to the provisions of Article 107, paragraph (2) or paragraph (3), when there is any other person in the family register of the person who has submitted the notification, a new family register shall be created for the person who has submitted the notification.
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(2)When a notification has been submitted to the effect that a person is changing his/her surname pursuant to the provisions of Article 107, paragraph (1) as applied mutatis mutandis pursuant to paragraph (4) of said Article, a new family register shall be created for the party to the event under notification.
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Article 20-3(1)When a notification of the dissolution of an adoptive relationship has been submitted pursuant to the provisions of Article 68-2, a new family register shall first be created for the adopted child; provided, however, that this shall not apply when the adopted child is in the family register of an adoptive parent.
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第二十条の四性同一性障害者の性別の取扱いの特例に関する法律(平成十五年法律第百十一号)第三条第一項の規定による性別の取扱いの変更の審判があつた場合において、当該性別の取扱いの変更の審判を受けた者の戸籍に記載されている者(その戸籍から除かれた者を含む。)が他にあるときは、当該性別の取扱いの変更の審判を受けた者について新戸籍を編製する。
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Article 20-4Where the adjudication of a change of gender designation has been rendered pursuant to the provisions of Article 3, paragraph (1) of the Act on Special Cases Involving the Handling of Gender for People with Gender Identity Disorder (Act No. 111 of 2003), when there is any other person in the family register of the person to whom the adjudication of the change of gender designation applies (including a person whose name has been removed from such family register), a new family register shall be created for the person to whom the adjudication of the change of gender designation applies.
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Article 23The name of a person for whom a new family register is to be created or whose name is to be entered in another family register pursuant to the provisions of Articles 16 to 21 shall be removed from his/her previous family register. The same shall apply to a person who has died, a person subject to an adjudication of disappearance, or a person who has lost Japanese nationality.
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Article 24(1)Where the mayor of a municipality finds any entry in a family register that is impermissible under law, or any mistake or omission in the entries in a family register, he/she shall notify the notifier or the party to the event under notification to that effect without delay; provided, however, that this shall not apply when such a mistake or omission is due to an error made by the mayor of the municipality.
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(2)When the mayor of a municipality is unable to notify the relevant person as set forth in the preceding paragraph or when no person applies for the correction of the family registry in response to his/her notice, he/she may correct the family register, with the permission of the head of the competent Legal Affairs Bureau or District Legal Affairs Bureau. The same shall apply to the case referred to in the proviso to the preceding paragraph.
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(3)When a court or any other government agency, public prosecutor, or public official becomes aware, in the course of duty, of any entry in a family register that is impermissible under law, or of any mistake or omission in the entries in a family register, said entity or person shall give notice to the mayor of the municipality in the locality of the registered domicile of the party(ies) to the event under notification to that effect without delay.
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第四章 届出
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Chapter IV Notifications
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第一節 通則
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Section 1 General Rules
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Article 26Where a notification was submitted with regard to a person whose registered domicile is unclear or who has no registered domicile, and subsequently his/her registered domicile is clarified or he/she comes to have a registered domicile, the notifier or the party to the event under notification shall, within ten days from the day on which he/she has become aware of such fact, reference the event under notification and notify the mayor of the municipality who accepted said notification to that effect.
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第二十七条の二市町村長は、届出によつて効力を生ずべき認知、縁組、離縁、婚姻又は離婚の届出(以下この条において「縁組等の届出」という。)が市役所又は町村役場に出頭した者によつてされる場合には、当該出頭した者に対し、法務省令で定めるところにより、当該出頭した者が届出事件の本人(認知にあつては認知する者、民法第七百九十七条第一項に規定する縁組にあつては養親となる者及び養子となる者の法定代理人、同法第八百十一条第二項に規定する離縁にあつては養親及び養子の法定代理人となるべき者とする。次項及び第三項において同じ。)であるかどうかの確認をするため、当該出頭した者を特定するために必要な氏名その他の法務省令で定める事項を示す運転免許証その他の資料の提供又はこれらの事項についての説明を求めるものとする。
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Article 27-2(1)Where a notification for an acknowledgment of parentage, adoption, dissolution of an adoptive relationship, marriage, or divorce (hereinafter referred to as a "notification of adoption, etc." in this Article) that will become effective upon notification is submitted by a person who has appeared at a city office or town/village office, the mayor of the municipality shall, as provided for in Ordinance of the Ministry of Justice, require the person who has appeared to present his/her driver's license or any other documentation showing his/her name and other matters specified by Ordinance of the Ministry of Justice that are necessary for identifying him/her, or may require said person to explain these matters, in order to confirm whether or not the person who has appeared is any one of the parties to the event under notification (for an acknowledgment of parentage, the person acknowledging parentage; for an adoption as prescribed in Article 797, paragraph (1) of the Civil Code, the person who will become the adoptive parent and the statutory agent of the person who will be adopted; and for the dissolution of an adoptive relationship as prescribed in Article 811, paragraph (2) of said Code, an adoptive parent and the person who is to become the statutory agent of the adopted child; the same shall apply in the following paragraph and paragraph (3)).
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(2)Where a notification of adoption, etc. has been submitted, when, with regard to any one of the parties to the event under notification, the mayor of the municipality is unable to confirm, by taking the measures under the provisions of the preceding paragraph, that said party has appeared at the city office or town/village office to submit the notification, he/she shall, without delay after accepting the notification of adoption, etc. and by a method specified by Ordinance of the Ministry of Justice, notify said party to the effect that the mayor of municipality has accepted the notification of adoption, etc.
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(3)Any person may, in advance and by a method specified by Ordinance of the Ministry of Justice, make a request of the mayor of the municipality in the locality of his/her registered domicile that, even where a notification of adoption, etc. has been submitted with regard to a event under notification to which he/she is a party, the mayor of the municipality not accept said notification of adoption, etc. if he/she is unable to confirm, by taking the measures under the provisions of paragraph (1), that said person himself/herself has appeared at the city office or town/village office to submit the notification.
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(4)Where a notification of adoption, etc. related to a request under the provisions of the preceding paragraph has been submitted, when the mayor of the municipality has been unable to confirm, by taking the measures under the provisions of paragraph (1), that the person who made that request has appeared at the city office or town/village office to submit the notification, the mayor of the municipality shall not accept the notification of adoption, etc.
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(5)Where the mayor of a municipality has been unable to accept a notification of adoption, etc. pursuant to the provisions of the preceding paragraph, he/she shall, without delay and by a method specified by Ordinance of the Ministry of Justice, notify the person who made a request under the provisions of paragraph (3) to the effect that a notification of adoption, etc. has been submitted.
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一届出事件
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(i)the event under notification;
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二届出の年月日
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(ii)the date of notification;
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三届出人の出生の年月日、住所及び戸籍の表示
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(iii)the date of birth, address, and reference to the family register of the notifier; and
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四届出人と届出事件の本人と異なるときは、届出事件の本人の氏名、出生の年月日、住所、戸籍の表示及び届出人の資格
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(iv)when the notifier is different from the party to the event under notification, the name, date of birth, address, and reference to the family register of the party to the event under notification, and the qualifications of the notifier.
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Article 30(1)As a result of an event under notification, when the name of the notifier or of the party to the event under notification should be entered in another family register, a reference to the first family register shall be entered in the written notification; when the name of the notifier or the party should be removed from his/her previous family register, a reference to the previous family register shall be entered in the written notification; and when a new family register should be created for such a notifier or such a party, the cause of the creation of a new family register and the new registered domicile shall be entered in the written notification.
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(2)When, as a result of an event under notification, a person other than the notifier or the party to the event under notification should be entered in another family register or when a new family register should be created for such person, in addition to entering the name, date of birth, and address of the person, the matters listed in the preceding paragraph shall be entered in the written notification, depending on whether the person is being entered in another family register or a new family register is being created for the person,.
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Article 31(1)When the person who should submit a notification is a minor or adult ward, a person with parental authority over said person or said person's guardian shall be the one whose duty it is to submit the notification; provided, however, that this shall not preclude a minor or adult ward from submitting the notification him/herself.
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一届出をすべき者の氏名、出生の年月日及び本籍
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(i)the name, date of birth, and registered domicile of the person who should be submitting the notification:
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二行為能力の制限の原因
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(ii)the cause of the limitation of the relevant person's capacity to act; and
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三届出人が親権を行う者又は後見人である旨
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(iii)the fact that the notifier is a person who has parental authority over the relevant person or is the relevant person's guardian.
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(3)When a notifier is unable to appear due to illness or for any other reasons, he/she may submit a notification by proxy; provided, however, that this shall not apply to the notifications set forth in Article 60, Article 61, Article 66, Article 68, Articles 70 through 72, Article 74, and Article 76.
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Article 38(1)When an event under notification requires the consent or approval of the parents or any other person, a document proving such consent or approval shall be attached to the written notification; provided, however, that it is sufficient to have the person who gives consent or approval add a supplementary note to that effect in the written notification, and have him/her sign and affix his/her seal thereto.
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Article 41(1)When a Japanese national who is living in a foreign country has, in accordance with the formalities of that country, caused a certificate to be made with regard to an event under notification, he/she shall submit a copy of said certificate to the Japanese ambassador, minister, or consul stationed in that country within three months.
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(3)The provisions of Article 24, paragraph (2) shall apply mutatis mutandis to the case where the notice set forth in the preceding two paragraphs cannot be given, and the provisions of paragraph (3) of said Article shall apply mutatis mutandis to the case where a court or any other government agency, public prosecutor, or public official becomes aware, in the course of duties, of any person who has failed to submit a notification.
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Article 45Where the mayor of a municipality has accepted a notification, when he/she is unable to make an entry in a family register due to a defect in the written notification, he/she shall have the person who has submitted the notification add further information to complete the notification. In this case, the provisions of the preceding Article shall apply mutatis mutandis.
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第四十七条市町村長は、届出人がその生存中に郵便又は民間事業者による信書の送達に関する法律(平成十四年法律第九十九号)第二条第六項に規定する一般信書便事業者若しくは同条第九項に規定する特定信書便事業者による同条第二項に規定する信書便によつて発送した届書については、当該届出人の死亡後であつても、これを受理しなければならない。
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Article 47(1)The mayor of a municipality shall receive a written notification even after the death of the notifier, if such a notification was sent by the person before his/her death by postal mail or by correspondence delivery as prescribed in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) through a general correspondence delivery operator as prescribed in paragraph (6) of said Article or through a specified correspondence delivery operator as prescribed in paragraph (9) of said Article.
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第二節 出生
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Section 2 Birth
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一子の男女の別及び嫡出子又は嫡出でない子の別
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(i)the gender of the child, and whether the child is born in or out of wedlock;
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二出生の年月日時分及び場所
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(ii)the date, time, and place of birth;
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三父母の氏名及び本籍、父又は母が外国人であるときは、その氏名及び国籍
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(iii)the names and registered domiciles of the parents, and if the father or mother is a foreign national, his/her name and nationality; and
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四その他法務省令で定める事項
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(iv)other matters specified by Ordinance of the Ministry of Justice.
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(3)Where a doctor, midwife, or any other person attended the birth, a birth certificate prepared by one person from among the doctor, midwife, or other person, in that order, in the manner provided for in Ordinance of the Ministry of Justice or Ordinance of the Ministry of Health, Labour and Welfare shall be attached to the written notification; provided, however, that this shall not apply if there are unavoidable grounds.
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(2)A notification of birth may be submitted, when the birth took place within a train or aboard any other mode of transportation (excluding a ship; the same shall apply hereinafter), in the locality in which the mother exited that mode of transportation, or when the birth took place within a ship where no logbook is kept, in the locality at which the ship first entered port.
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第一 同居者
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First: a member of the same household as the person who should submit the notification; or
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第二 出産に立ち会つた医師、助産師又はその他の者
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Second: the doctor, midwife, or other person who attended the birth.
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Article 54(1)When the court is to determine the paternity of a child pursuant to the provisions of Article 773 of the Civil Code, the notification of birth shall be submitted by the mother. In this case, she shall enter the grounds that paternity has not yet been ascertained in the written notification.
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(3)When the ship arrives at a port in a foreign country, the captain shall send a copy of the portion of the logbook concerning the birth to the Japanese ambassador, minister, or consul stationed in that country without delay, and the ambassador, minister, or consul shall send it to the mayor of the municipality in the locality of the registered domicile via the Minister of Foreign Affairs without delay.
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(2)When having received information as set forth in the preceding paragraph, the mayor of a municipality shall give a name to the child and designate his/her registered domicile, and shall enter in a record any belongings of that child, the place where, the date and time when, and other circumstances surrounding how the child was found, his/her gender, the presumed date of birth, and the registered domicile. Such record shall be deemed to be a written notification.
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第三節 認知
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Section 3 Acknowledgment of Parentage
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一父が認知をする場合には、母の氏名及び本籍
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(i)where the father acknowledges paternity, the name and registered domicile of the mother;
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二死亡した子を認知する場合には、死亡の年月日並びにその直系卑属の氏名、出生の年月日及び本籍
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(ii)where the person acknowledges parentage of a child who has died, the date of the child's death, as well as the name, date of birth, and registered domicile of any of the child's lineal descendant(s).
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Article 61Where a person acknowledges parentage of an unborn child, he/she shall submit a notification acknowledging parentage in the locality of the registered domicile of the mother, stating to that effect in a written notification and entering therein the name and registered domicile of the mother.
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Article 62When parents submit a notification for the birth of a child inwedlock with regard to a child who is to acquire the status of a child in wedlockpursuant to the provisions of Article 789, paragraph (2) of the Civil Code, such notification shall have the effect of a notification acknowledging parentage.
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Article 63(1)When a judicial decision of filiation has become final and binding, the person who filed the action shall submit a notification to that effect within ten days from the day on which the judicial decision became final and binding, attaching a transcript of the judicial decision to the written notification. The date that the judicial decision became final and binding shall be entered in the written notification.
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(2)When the person who filed the action does not submit a notification under the provisions of the preceding paragraph, the other party of the case may submit a notification to the effect that a judicial decision of filiation has become final and binding, attaching a transcript of the judicial decision to the written notification. In this case, the provisions of the second sentence of said paragraph shall apply mutatis mutandis.
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Article 64In the case of an acknowledgment of parentage made in a will, the executor shall submit a notification acknowledging parentage pursuant to the provisions of Article 60 or Article 61 within ten days from the day on which he/she assumed the role, attaching a copy of the will in which the acknowledgment is made.
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Article 65If an acknowledged child is stillborn, the person whose duty it is to submit a notification of birth shall submit a notification to that effect within 14 days from the day on which he/she became aware of such fact, in the locality in which the notification acknowledging parentage was submitted; provided, however, that where an executor has submitted the notification set forth in the preceding Article, the executor shall submit this notification.
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第四節 養子縁組
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Section 4 Adoption
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Article 68Where consent is given for adoption pursuant to the provisions of Article 797 of the Civil Code, the notification of adoption shall be submitted by the person who gives consent.
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Article 69-2The provisions of Article 73-2 shall apply mutatis mutandis to the case where a person intends to take the surname he/she was using at the time of the annulment of his/her adoption pursuant to the provisions of Article 816, paragraph (2) of the Civil Code as applied mutatis mutandis pursuant to Article 808, paragraph (2) of said Code.
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第五節 養子離縁
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Section 5 Dissolution of Adoptive Relationship
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Article 71Where an adoptive relationship is being dissolved by agreement pursuant to the provisions of Article 811, paragraph (2) of the Civil Code, a notification on the dissolution of the adoptive relationship shall be submitted by the persons who have agreed on the dissolution.
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Article 72Where an adoptive relationship is to be dissolved pursuant to the provisions of Article 811, paragraph (6) of the Civil Code, a notification on the dissolution of the adoptive relationship may be submitted by the surviving parties alone.
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Article 73-2A person who intends to take the surname he/she was using at the time of the dissolution of his/her adoptive relationship, pursuant to the provisions of Article 816, paragraph (2) of the Civil Code shall submit a notification to that effect, entering the date of the dissolution of the adoptive relationship in a written notification.
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第六節 婚姻
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Section 6 Marriage
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一夫婦が称する氏
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(i)the surname that the husband and wife will take; and
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二その他法務省令で定める事項
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(ii)other matters specified by Ordinance of the Ministry of Justice.
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Article 75-2The provisions of Article 77-2 shall apply mutatis mutandis to the case where a person intends to take the surname he/she was using at the time of the annulment of his/her marriage, pursuant to the provisions of Article 767, paragraph (2) of the Civil Code as applied mutatis mutandis pursuant to Article 749 of said Code.
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第七節 離婚
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Section 7 Divorce
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一親権者と定められる当事者の氏名及びその親権に服する子の氏名
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(i)the name of the party who will have parental authority, and the name of the child(ren) who will be subject to that party's parental authority; and
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二その他法務省令で定める事項
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(ii)other matters specified by Ordinance of the Ministry of Justice.
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一親権者と定められた当事者の氏名及びその親権に服する子の氏名
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(i)the name of the party who will have parental authority, and the name of the child(ren) who will be subject to that party's parental authority; and
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二その他法務省令で定める事項
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(ii)other matters specified by Ordinance of the Ministry of Justice.
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第七十七条の二民法第七百六十七条第二項(同法第七百七十一条において準用する場合を含む。)の規定によつて離婚の際に称していた氏を称しようとする者は、離婚の年月日を届書に記載して、その旨を届け出なければならない。
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Article 77-2A person who intends to use the surname he/she was using at the time of divorce pursuant to the provisions of Article 767, paragraph (2) of the Civil Code (including the case where applied mutatis mutandis pursuant to Article 771 of said Code) shall submit a notification to that effect, and enter the date of his/her divorce in the written notification.
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第八節 親権及び未成年者の後見
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Section 8 Parental Authority and Guardianship over Minors
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Article 78Persons who intend to determine the party who will have parental authority by agreement pursuant to the proviso to Article 819, paragraph (3) or paragraph (4) of said Article of the Civil Code shall submit a notification to that effect.
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第七十九条第六十三条第一項の規定は、民法第八百十九条第三項ただし書若しくは第四項の協議に代わる裁判が確定し、若しくは親権者変更の裁判が確定した場合又は父母の一方が親権若しくは管理権の喪失の宣告を受け他の一方がその権利を行う場合において親権者に、親権又は管理権の喪失の宣告の取消しの裁判が確定した場合においてその裁判を請求した者について準用する。
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Article 79The provisions of Article 63, paragraph (1) shall apply mutatis mutandis to the person who has parental authority in the case where a judicial decision in lieu of an agreement as set forth in the proviso to Article 819, paragraph (3) or paragraph (4) of said Article of the Civil Code has become final and binding or where a judicial decision changing the party who has parental authority has become final and binding, or in the case where either of the parents has been issued an adjudication of loss of parental authority or loss of the right to administer property and the other parent has been vested with such authority or right, and shall apply mutatis mutandis to the person who demanded the judicial decision in the case where a judicial decision revoking an adjudication of loss of parental authority or loss of the right to administer property has become final and binding.
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Article 81(1)A notification of the commencement of guardianship that will commence in the case prescribed in Article 838, item (i) of the Civil Code (hereinafter referred to as "guardianship over a minor") shall be submitted by the guardian of a minor within ten days from the day on which he/she assumed the role of guardian.
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一後見開始の原因及び年月日
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(i)the cause and date of the commencement of guardianship; and
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二未成年後見人が就職した年月日
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(ii)the date that the guardian of the minor assumed that role.
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第九節 死亡及び失踪
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Section 9 Death and Disappearance
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Article 86(1)A notification of death shall be submitted by the person whose duty is to submit said notification within seven days from the day on which he/she became aware of the fact of death (when the death took place abroad, within three months from the day on which the person became aware of that fact).
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一死亡の年月日時分及び場所
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(i)the date and time and place of death; and
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二その他法務省令で定める事項
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(ii)other matters specified by Ordinance of the Ministry of Justice.
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(3)When a medical certificate or autopsy report is unavailable due to unavoidable circumstances, a document proving the fact of death may be substituted therefor. In this case, the grounds for the lack of availability of a medical certificate or autopsy report shall be entered in the written notification.
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(2)A notification of death may be submitted, when the locality of death is unclear, in the locality where the body was first found, or when the death took place within a train or aboard any other mode of transportation, in the locality where the body was unloaded from the mode of transportation, or when the death took place aboard a ship where no logbook was kept, in the locality at which the ship first entered port.
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Article 89Where a person has died due to a flood, fire, or any other accident or disaster, the government agency or public office that carried out any investigation thereof shall report the death to the mayor of the municipality in the locality of the death; provided, however, that where a death has taken place in a foreign country or any other territory specified by Ordinance of the Ministry of Justice, the death shall be reported to the mayor of the municipality in the locality of the deceased person's registered domicile.
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(2)The provisions of the preceding paragraph shall apply mutatis mutandis to the case where there is no person who claims the body of a person who has died during his/her detention at a penal institution. In this case, a medical certificate or autopsy report shall be attached to the written report of death.
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Article 92(1)Where the registered domicile of a deceased person is not apparent or a deceased person cannot be identified, a police official shall report the death to the mayor of the municipality in the locality of said person's death without delay, preparing a postmortem inspection report and attaching it to the written report of death.
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第九十四条第六十三条第一項の規定は、失踪宣告又は失踪宣告取消の裁判が確定した場合においてその裁判を請求した者にこれを準用する。この場合には、失踪宣告の届書に民法第三十一条の規定によつて死亡したとみなされる日をも記載しなければならない。
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Article 94The provisions of Article 63, paragraph (1) shall apply mutatis mutandis in the case where an adjudication of disappearance or an adjudication revoking an adjudication of disappearance has become final and binding, to the person who demanded the adjudication. In this case, the date on which a person is deemed to have died pursuant to the provisions of Article 31 of the Civil Code shall also be entered in the written notification of the adjudication of the person's disappearance.
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第十節 生存配偶者の復氏及び姻族関係の終了
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Section 10 Surviving Spouse Reverting to Previous Surname and End of Relationship by Affinity
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Article 95A person who intends to revert to the surname used before marriage pursuant to the provisions of Article 751, paragraph (1) of the Civil Code shall submit a notification to that effect.
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Article 96A person who wishes to manifest his/her intention to end the relationship between relatives by affinity pursuant to the provisions of Article 728, paragraph (2) of the Civil Code shall submit a notification to that effect, entering the name and registered domicile of the deceased spouse and the date of death in the written notification.
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第十一節 推定相続人の廃除
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Section 11 Disinheritance of Presumptive Heirs
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第十二節 入籍
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Section 12 Entry of Names in a Family Register
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Article 98(1)A person who intends to take the surname of his/her mother or father pursuant to the provisions of Article 791, paragraphs (1) to (3) of the Civil Code shall submit a notification to that effect, entering the name and registered domicile of the father or mother.
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(2)Where a person who intends to take the surname of his/her mother or father pursuant to the provisions of Article 791, paragraph (2) of the Civil Code has a spouse, he/she shall submit the notification jointly with his/her spouse.
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Article 99(1)A person who intends to revert to his/her previous surname pursuant to the provisions of Article 791, paragraph (4) of the Civil Code shall submit a notification to that effect, entering in the written notification the date of reversion to his/her surname pursuant to the provisions of paragraphs (1) to (3) of said Article.
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第十三節 分籍
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Section 13 Separation from a Family Register
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第十四節 国籍の得喪
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Section 14 Acquisition or Loss of Japanese Nationality
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第百二条国籍法(昭和二十五年法律第百四十七号)第三条第一項又は第十七条第一項若しくは第二項の規定によつて国籍を取得した場合の国籍取得の届出は、国籍を取得した者が、その取得の日から一箇月以内(その者がその日に国外に在るときは、三箇月以内)に、これをしなければならない。
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Article 102(1)A notification of the acquisition of Japanese nationality in the case of acquisition of Japanese nationality pursuant to the provisions of Article 3, paragraph (1) or Article 17, paragraph (1) or paragraph (2) of the Nationality Act (Act No. 147 of 1950) shall be submitted within one month from the date of acquisition (if the person was abroad on that date, within three months).
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一国籍取得の年月日
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(i)the date of acquisition of Japanese nationality;
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二国籍取得の際に有していた外国の国籍
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(ii)the foreign nationality that the person had at the time of his/her acquisition of Japanese nationality;
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三父母の氏名及び本籍、父又は母が外国人であるときは、その氏名及び国籍
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(iii)the names and registered domicile(s) of his/her parents, or if the mother or father is a foreign national, his/her name and nationality;
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四配偶者の氏名及び本籍、配偶者が外国人であるときは、その氏名及び国籍
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(iv)the name and registered domicile of any spouse, or if his/her spouse is a foreign national, his/her name and nationality; and
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五その他法務省令で定める事項
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(v)other matters specified by Ordinance of the Ministry of Justice.
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Article 103(1)A notification of the loss of Japanese nationality shall be submitted by the party to the event under notification, or his/her spouse or relative within the fourth degree of kinship, within one month from the day on which such person became aware of the fact of loss of Japanese nationality (when the person who should submit the notification was abroad on the day on which he/she became aware of the fact, within three months from that day).
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一国籍喪失の原因及び年月日
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(i)the cause and date of the loss of Japanese nationality; and
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二新たに外国の国籍を取得したときは、その国籍
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(ii)when the person has newly acquired nationality in a foreign country, such nationality.
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第百四条国籍法第十二条に規定する国籍の留保の意思の表示は、出生の届出をすることができる者(第五十二条第三項の規定によつて届出をすべき者を除く。)が、出生の日から三箇月以内に、日本の国籍を留保する旨を届け出ることによつて、これをしなければならない。
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Article 104(1)The manifestation of the intention to reserve Japanese nationality prescribed in Article 12 of the Nationality Act shall be made by a person who may submit a notification of birth (excluding the persons who should submit a notification pursuant to the provisions of Article 52, paragraph (3)) within three months from the date of birth, by submitting a notification of the intention to reserve Japanese nationality.
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(3)When the person prescribed in paragraph (1) is unable to submit a notification during the period set forth in said paragraph due to a natural disaster or any other grounds not attributable to him/her, that period shall be 14 days from the time when it has become possible to submit a notification.
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Article 104-2(1)A declaration of the selection of Japanese nationality under the provisions of Article 14, paragraph (2) of the Nationality Act shall be made by the person who wishes to make the declaration via a notification to that effect.
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第百四条の三市町村長は、戸籍事務の処理に際し、国籍法第十四条第一項の規定により国籍の選択をすべき者が同項に定める期限内にその選択をしていないと思料するときは、その者の氏名、本籍その他法務省令で定める事項を管轄法務局又は地方法務局の長に通知しなければならない。
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Article 104-3When the mayor of a municipality, in the course of administering clerical work related to family registers, considers that a person who should select his/her nationality pursuant to the provisions of Article 14, paragraph (1) of the Nationality Act has not made such selection within the period set forth in said paragraph, he/he shall give notice of the name and registered domicile of the person and other matters specified by Ordinance of the Ministry of Justice to the head of the competent Legal Affairs Bureau or District Legal Affairs Bureau.
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Article 105(1)When a government agency or public office becomes aware, in the course of its duties, of any person who has lost Japanese nationality, it shall report the loss of Japanese nationality to the mayor of the municipality in the locality of said person's registered domicile without delay, attaching a document certifying the loss of Japanese nationality.
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Article 106(1)When a Japanese national who has nationality in a foreign country has lost nationality in that foreign country, he/she shall submit a notification to that effect within one month from the day on which he/she became aware of such loss (if the person was abroad on the day on which he/she became aware of the fact, within three months from that day).
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第十五節 氏名の変更
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Section 15 Change of Name
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(3)When a person who has changed his/her surname pursuant to the provisions of the preceding paragraph intends, on or after the day of his/her divorce, annulment of his/her marriage, or the death of his/her spouse, to change his/her surname back to the surname he/she was using at the time that he/she first changed his/her surname, he/she may submit a notification to that effect, within the limit of three months from such day, without obtaining the permission of the family court.
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第十六節 転籍及び就籍
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Section 16 Transfer of Registered Domicile and Registration of Unregistered Persons
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Article 111The provisions of the preceding Article shall apply mutatis mutandis to the case where a notification for the registration of an unregistered person should be made based on a final and binding judgment. In this case, a transcript of the judgment shall be attached to the written notification.
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第五章 戸籍の訂正
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Chapter V Correction of a Family Register
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Article 114Where, after an entry has been made in the family concerning any act that becomes effective through notification, the person who submitted the notification or a party to the event under notification discovers that such act is void, he/she may apply for correction of the family register, with the permission of the family court.
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Article 116(1)When correction of a family register should be made based on a final and binding judgment, the person who filed the action shall apply for correction of the family register within one month from the day on which the judgment has become final and binding, attaching a transcript of the judgment.
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第六章 電子情報処理組織による戸籍事務の取扱いに関する特例
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Chapter VI Special Provisions on the Handling of Clerical Work Related to Family Registers by Electronic Data Processing Systems
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(2)In the case referred to in the preceding paragraph, family registers prepared by means of magnetic disks shall be accumulated and compiled into family register books, and family registers prepared by means of magnetic disks and removed from a family registry shall be accumulated and compiled into registries of removed family registers.
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Article 120(1)Where a family register or a removed family register is prepared by means of a magnetic disk pursuant to the provisions of the preceding Article, the request set forth in Article 10, paragraph (1) or Article 10-2, paragraphs (1) to (5) (including the cases where these provisions are applied mutatis mutandis pursuant to Article 12-2) may be made to obtain a document certifying all or part of the matters recorded in the family register or the removed family register prepared by means of a magnetic disk, in lieu of obtaining a copy of the family register, etc. or a copy of the removed family register, etc.
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2前項の磁気ディスクをもつて調製された戸籍又は除かれた戸籍に記録されている事項の全部又は一部を証明した書面は、第百条第二項及び第百八条第二項の規定並びに旅券法(昭和二十六年法律第二百六十七号)その他の法令の規定の適用については、戸籍又は除かれた戸籍の謄本又は抄本とみなす。
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(2)For the purpose of the application of the provisions of Article 100, paragraph (2) and Article 108, paragraph (2) as well as the provisions of the Passport Act (Act No. 267 of 1951) and other laws and regulations, the document certifying all or part of the matters recorded in the family register or the removed family register prepared by means of a magnetic disk, as set forth in the preceding paragraph, shall be deemed to be a copy or extract of the family register or the removed family register.
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第七章 不服申立て
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Chapter VII Appeals
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第百二十二条第百七条第一項(同条第四項において準用する場合を含む。)、第百七条の二、第百十条第一項、第百十三条又は第百十四条の許可及び前条の不服の申立ては、家事審判法(昭和二十二年法律第百五十二号)の適用に関しては、同法第九条第一項甲類に掲げる事項とみなす。
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Article 122For the purpose of the application of the Act on Judicial Proceedings for Domestic Relations (Act No. 152 of 1947), the permission set forth in Article 107, paragraph (1) (including the cases where applied mutatis mutandis pursuant to paragraph (4) of said Article), Article 107-2, Article 110, paragraph (1), Article 113, or Article 114, and the appeal set forth in the preceding Article shall be deemed to be matters listed as Ko-Type in Article 9, paragraph (1) of said Act.
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Article 124A person who is dissatisfied with a disposition made by the mayor of a municipality with regard to the request set forth in Article 10, paragraph (1) or Article 10-2, paragraphs (1) to (5) (including the cases where these provisions are applied mutatis mutandis pursuant to Article 12-2), the request under the provisions of Article 48, paragraph (2), or the request set forth in Article 120, paragraph (1) may make a request for review to the head of the Legal Affairs Bureau or District Legal Affairs Bureau that has jurisdiction over the location of the city office or town/village office.
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第八章 雑則
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Chapter VIII Miscellaneous Provisions
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Article 126The mayor of a municipality or the head of a Legal Affairs Bureau or District Legal Affairs Bureau may provide information on the matters entered in a family register or a removed family register or information on the matters entered in a written notification or any other document received by the mayor of the municipality, according to the standards and procedures specified by Ordinance of the Ministry of Justice, for the production of statistics or academic research that is found to be highly conducive to the public interest and for which the use of such information is found to be necessary in order for the purpose of such statistics or research to be achieved, to the extent of such necessity.
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Article 127The provisions of Chapters II and III of the Administrative Procedure Act (Act No. 88 of 1993) shall not apply to a disposition made by the mayor of a municipality with regard to a matter involving a family register.
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Article 128The provisions of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999) shall not apply to a duplicate of a family register or a removed family register or a document prescribed in Article 48, paragraph (2).
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第百二十九条戸籍及び除かれた戸籍の副本並びに第四十八条第二項に規定する書類に記録されている保有個人情報(行政機関の保有する個人情報の保護に関する法律(平成十五年法律第五十八号)第二条第三項に規定する保有個人情報をいう。)については、同法第四章の規定は、適用しない。
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Article 129The provisions of Chapter IV of the Act on the Protection of Personal Information Held by Administrative Organs (Act No. 58 of 2003) shall not apply to the retained personal information (meaning the retained personal information prescribed in Article 2, paragraph (3) of said Act) recorded in a duplicate of a family register or a removed family register or a document prescribed in Article 48, paragraph (2).
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第百三十条行政手続等における情報通信の技術の利用に関する法律(平成十四年法律第百五十一号。以下この条において「情報通信技術利用法」という。)第三条第一項の規定により同項に規定する電子情報処理組織を使用してする届出の届出地及び同項の規定により同項に規定する電子情報処理組織を使用してする申請の申請地については、第四章及び第五章の規定にかかわらず、法務省令で定めるところによる。
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Article 130(1)Notwithstanding the provisions of Chapters IV and V, the place of notification for notifications submitted using the electronic data processing system prescribed in Article 3, paragraph (1) of the Act on Use of Information and Communications Technology in Administrative Procedures (Act No. 151 of 2002; hereinafter referred to as the "Act on Use of Information and Communications Technology" in this Article) pursuant to the provisions of said paragraph, and the place of application for applications filed using the electronic data processing system prescribed in said paragraph pursuant to the provisions of said paragraph, shall be governed by the provisions of Ordinance of the Ministry of Justice.
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(2)The provisions of Article 47 shall apply mutatis mutandis to the notifications and applications submitted using the electronic data processing system prescribed in Article 3, paragraph (1) of the Act on Use of Information and Communications Technology pursuant to the provisions of said paragraph.
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(3)The provisions of Article 3 of the Act on Use of Information and Communications Technology shall not apply to a notification under the provisions of Article 40, nor shall they apply to a notification under Article 741 or Article 801 of the Civil Code, or the submission of a copy of a certificate under the provisions of Article 41.
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第九章 罰則
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Chapter IX Penal Provisions
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Article 132A person who has submitted a false notification with regard to matters which are not required to be entered or recorded in a family register shall be punished by imprisonment with work for not more than one year or a fine of not more than 200,000 yen. The same shall apply to a person who has submitted a false notification with regard to matters that involve a foreign national.
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Article 133A person who has been issued a copy of a family register, etc. prescribed in Article 10 or Article 10-2, a copy of a removed family register, etc. prescribed in Article 12-2, or a document prescribed in Article 120, paragraph (1) through deception or by other wrongful means shall be punished by a fine of not more than 300,000 yen.
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Article 134A person who has conducted an inspection under the provisions of Article 48, paragraph (2) (including the cases where applied mutatis mutandis pursuant to Article 117) or received a certificate issued under the provisions of said paragraph through deception or by other wrongful means shall be subject to a non-criminal fine of not more than 100,000 yen.
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Article 136Where the mayor of a municipality has specified a period and given notice regarding a notification or application pursuant to the provisions of Article 44, paragraph (1) or paragraph (2) (including the cases where these provisions are applied mutatis mutandis pursuant to Article 117), the person who has not submitted the notification or application within that period without justifiable grounds shall be subject to a non-criminal fine of not more than 100,000 yen.
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一正当な理由がなくて届出又は申請を受理しないとき。
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(i)where he/she does not accept a notification or application and is without justifiable grounds for doing so;
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二戸籍の記載又は記録をすることを怠つたとき。
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(ii)where he/she has failed to make an entry or record in a family register;
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三正当な理由がなくて届書その他受理した書類の閲覧を拒んだとき。
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(iii)where he/she has refused to make a written notification or any other document received thereby available for inspection without justifiable grounds;
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四正当な理由がなくて戸籍謄本等、除籍謄本等、第四十八条第一項若しくは第二項(これらの規定を第百十七条において準用する場合を含む。)の証明書又は第百二十条第一項の書面を交付しないとき。
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(iv)where he/she does not issue a copy of a family register, etc., a copy of a removed family register, etc., a certificate set forth in Article 48, paragraph (1) or paragraph (2) (including the cases where these provisions are applied mutatis mutandis pursuant to Article 117), or a document set forth in Article 120, paragraph (1), and is without justifiable grounds for doing so; and
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五その他戸籍事件について職務を怠つたとき。
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(v)where he/she has otherwise neglected his/her duties with regard to a matter involving a family register.
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