If a decedent has indicated an intention by will to disinherit a presumed heir, the executor of that will shall apply to the family court for disinheritance of the presumed heir without delay after the will has taken effect. In this case, the disinheritance of that presumed heir shall have retroactive effect from the time of the decedent's death.〔【出典】日本法令外国語訳データベースシステム 〕
The spouse of a decedent shall always be an heir. In this case, if there is a person to become an heir pursuant to the provisions of Article 887 or the preceding Article, the spouse shall be of the same rank as that person.〔【出典】日本法令外国語訳データベースシステム 〕
A decedent may by will determine the form of division of inherited property, or entrust this to a third party, or prohibit division for a period not exceeding five years from the time of commencement of inheritance.〔【出典】日本法令外国語訳データベースシステム 〕
(1) Joint heirs may at any time divide inherited property by agreement except in the case where this is prohibited by the decedent's will pursuant to the provision of the following Article.〔【出典】日本法令外国語訳データベースシステム 〕
(1) In the case referred to in the preceding Article, the family court may, if it finds it reasonable, upon application by a person who shared a livelihood with the decedent, a person who contributed to the medical treatment and nursing of the decedent, or any other person who had a special connection with the decedent, grant such person the remaining amount of the inherited property after liquidation, in whole or in part.〔【出典】日本法令外国語訳データベースシステム 〕
(1) In the case of the death of the operator of a domestic air carrier, the heir (or an heir who is considered suitable for succeeding to the business after consultation between two or more heirs) shall succeed to the title as a domestic air carrier under this Act.〔【出典】日本法令外国語訳データベースシステム 〕
(1) When the heir of a deceased member who is qualified to be a member has filed an application to join a cooperative within a period specified by the articles of association, he/she shall be deemed to have become a member at the time of the commencement of succession, notwithstanding the provisions of the preceding Article. In this case, the member who is an heir shall succeed to the rights and obligations of the deceased member with regard to the equity interest of the decedent.〔【出典】日本法令外国語訳データベースシステム 〕
(1) Despite the provision of the preceding Article, rights to ownership of a genealogy, equipment used in rituals, and any grave, shall be succeeded by the person who custom dictates shall preside over rituals for ancestors; provided that if the decedent designates a person who shall preside over rituals for ancestors, this person shall succeed rights to ownership.〔【出典】日本法令外国語訳データベースシステム 〕
(1) Despite the provisions of the preceding two Articles, a decedent may by will determine the share in inheritance of joint heirs, or entrust a third party to determine the share; provided that a decedent or a third party may not violate provisions relating to legally reserved portion.〔【出典】日本法令外国語訳データベースシステム 〕
(1) Total legally reserved portion shall be calculated as the value of any gifts made by the decedent added to the value of the property held by the decedent at the time of commencement of inheritance minus the entire amount of obligations.〔【出典】日本法令外国語訳データベースシステム 〕
(1) In the case the Railway Business Operator died, if the heir (in the cases there are two or more heirs, if the heir to succeed the said Railway Business was determined by their agreement, then it is said heir who succeeds. The same shall apply hereafter.) intends to continue to manage the Railway Business that the decedent was managing, he/she shall obtain approval of the Minister of Land, Infrastructure, Transport and Tourism within 60 days after the death of the decedent.〔【出典】日本法令外国語訳データベースシステム 〕
(2) In the case prescribed in the preceding paragraph, when an heir has made payment to an inheritance obligee or conducted any other act to cause any of the debts to be extinguished with his/her own property, the heir may exercise rights that the inheritance obligee held vis-a-vis the decedent, to the extent of the amount paid thereby.〔【出典】日本法令外国語訳データベースシステム 〕
(2) When the successor set forth in the preceding paragraph fails to apply to the Minister of Land, Infrastructure, Transport and Tourism for approval of such an inheritance within sixty days subsequent to the death of the ancestor, the license for air transport services shall be invalid after the expiration of the said period. The same shall apply, where an application for approval has been rejected, on and after the day of such rejection.〔【出典】日本法令外国語訳データベースシステム 〕
(2) In the case the heir applied for the approval of the preceding paragraph, the license of Railway Business granted to the decedent is deemed to have been granted to the heir effective from the date of the death of the decedent until the date of receipt of notice that the approval has been given or has not been given.〔【出典】日本法令外国語訳データベースシステム 〕
(2) Upon application for the approval set forth in the preceding paragraph, the permission for the general motor truck transportation business which had been granted to the decedent shall be deemed to have been granted the inheritor from the date of the death of the decedent until the receipt of the notice of approval or refusal to approval.〔【出典】日本法令外国語訳データベースシステム 〕
(2) Upon application for the approval set forth in the preceding paragraph, the permission for the second class consigned freight forwarding business which had been granted to the decedent shall be deemed to have been granted to the inheritor from the date of the death of the decedent until the receipt of the notice of approval or refusal to approval.〔【出典】日本法令外国語訳データベースシステム 〕
2 相続財産に関する破産事件は、被相続人の相続開始の時の住所地を管轄する地方裁判所が管轄する。
(2) A bankruptcy case relating to the inherited property shall be subject to the jurisdiction of the district court that has jurisdiction over the decedent's place of domicile as of the time of commencement of inheritance.〔【出典】日本法令外国語訳データベースシステム 〕
(2) If a decedent determines, or has a third party determine, the share in inheritance of a single heir or several heirs amongst joint heirs, the share in inheritance of the other joint heir(s) shall be determined pursuant to the provisions of the preceding two Articles.〔【出典】日本法令外国語訳データベースシステム 〕
(2) If a decedent's child has died before the commencement of inheritance, or has lost the right to inheritance by application of the provisions of Article 891 or disinheritance, the child of the decedent's child shall be an heir as an heir per stirpes; provided that this shall not apply if the child is not a lineal descendant of the decedent.〔【出典】日本法令外国語訳データベースシステム 〕
(3) The contributory portion may not exceed the amount calculated by deducting the value of a testamentary gift from the value of the property belonging to the decedent at the time of commencement of inheritance.〔【出典】日本法令外国語訳データベースシステム 〕
(3) If the decedent indicates an intention contrary to the provisions of the preceding two paragraphs, that intention shall only have effect to the extent that it does not violate the provisions relating to legally reserved portion.〔【出典】日本法令外国語訳データベースシステム 〕
(3) When an aerodrome provider or an air navigation facility provider is deceased, the inheritor (or in the case of two or more inheritors, the inheritor has to be selected among the inheritors to succeed in title of a provider after consultations) shall succeed in title of the inheritee under the provisions of this Act.〔【出典】日本法令外国語訳データベースシステム 〕
(4) Any inheritor set forth in the preceding paragraph shall, when the inheritor has succeeded in title of the inheritee under this Act, notify the Minister of Land, Infrastructure, Transport and Tourism to that effect without delay.〔【出典】日本法令外国語訳データベースシステム 〕
4 第一項の認可を受けた者は、被相続人に係る第三条の許可に基づく権利義務を承継する。
(4) The person who has been granted the approval given in paragraph (1) shall succeed to the rights and obligations based on the permission given in Article 3 pertaining to the decedent.〔【出典】日本法令外国語訳データベースシステム 〕
4 第一項の認可を受けた者は、被相続人に係る許可に基づく権利義務を承継する。
(4) The person who has been granted the approval given in paragraph (1) shall succeed to the rights and obligations based on the permission pertaining to the decedent.〔【出典】日本法令外国語訳データベースシステム 〕
(4) The person who obtained the approval of paragraph 1 shall succeed the rights and obligations based on the license pertaining to the decedent.〔【出典】日本法令外国語訳データベースシステム 〕
(5) Upon death of a light motor truck transportation business operator, the inheritor shall notify the same to the Minister of Land, Infrastructure, Transport and Tourism within thirty days after the said date of death.〔【出典】日本法令外国語訳データベースシステム 〕
一方、外国人が被相続人になった場合は、事情が違ってくる。
The circumstances are different when a foreign person is the inheritee.〔【出典】『日本人との結婚』(水瓜博子著)◆【出版社】株式会社ヤック企画 〕"YA18-175", "2477673"
二 前号に掲げる場合以外の場合 被相続人の財産の二分の一
(ii) in cases other than that referred to in the preceding item (i), one half of the decedent's property.〔【出典】日本法令外国語訳データベースシステム 〕
As I said before, the law determines that "inheritance shall follow the laws of the inheritee's country," so the laws of the foreigner's country must be obeyed.〔【出典】『日本人との結婚』(水瓜博子著)◆【出版社】株式会社ヤック企画 〕"YA18-175", "2254986"
前三条の規定は、被相続人が遺言で別段の意思を表示したときは、適用しない。
If a decedent has expressed a different intent by will, the provisions of the preceding three Articles shall not apply.〔【出典】日本法令外国語訳データベースシステム 〕
各共同相続人は、その相続分に応じて被相続人の権利義務を承継する。
Each joint heir shall succeed the rights and duties of the decedent according to his/her share in inheritance.〔【出典】日本法令外国語訳データベースシステム 〕
According to international private law, the two principles concerning inheritance are the "principle of unified inheritance" (where the laws of the person's country of origin or country of residence are followed, regardless of the type of inheritance assets) and the "principle of divided inheritance" (where the regulations divide real estate from moveable assets, and the laws of the place where the person resided are followed for real estate and the laws of either the person's home country or the place where they resided are followed for moveable assets).〔【出典】『日本人との結婚』(水瓜博子著)◆【出版社】株式会社ヤック企画 〕"YA18-175", "2233179"
相続は、被相続人の住所において開始する。
Inheritance shall commence at the place of domicile of the decedent.〔【出典】日本法令外国語訳データベースシステム 〕
相続人が限定承認をしたときは、その被相続人に対して有した権利義務は、消滅しなかったものとみなす。
If an heir makes qualified acceptance, the rights and duties that person has towards the decedent shall be deemed not to have been extinguished.〔【出典】日本法令外国語訳データベースシステム 〕
相続人は、単純承認をしたときは、無限に被相続人の権利義務を承継する。
If an heir makes unconditional acceptance, he/she shall inherit the rights and duties of the decedent without limitation.〔【出典】日本法令外国語訳データベースシステム 〕
An heir may accept inheritance reserving to perform the obligation or testamentary gift of the decedent only within the extent of the property obtained by inheritance.〔【出典】日本法令外国語訳データベースシステム 〕
From the time of commencement of inheritance, an heir shall succeed blanket rights and duties attached to the property of the decedent; provided that this shall not apply to rights or duties of the decedent that are purely personal.〔【出典】日本法令外国語訳データベースシステム 〕
A petition for commencement of bankruptcy proceedings under the provisions of this Act against the inherited property may be filed only if the decedent's domicile as of the time of commencement of inheritance or property that belongs to the inherited property exists in Japan.〔【出典】日本法令外国語訳データベースシステム 〕
Where an order of commencement of bankruptcy proceedings is made against the inherited property, if any act conducted by the decedent, an heir, administrator of the inherited property or executor with regard to the inherited property is avoided, a bankruptcy trustee, after making payment to inheritance obligees, shall distribute residual assets to the other party to the avoided act, according to the value of the other party's right.〔【出典】日本法令外国語訳データベースシステム 〕
For the purpose of application of the provisions of Chapter VI, Section 2, in cases where an order of commencement of bankruptcy proceedings is made against the inherited property, any act conducted by the decedent, an heir, administrator of the inherited property or executor with respect to the inherited property shall be deemed to have been conducted by the bankrupt.〔【出典】日本法令外国語訳データベースシステム 〕
Where an order of commencement of bankruptcy proceedings is made against the inherited property, rights that an heir held vis-a-vis the decedent shall be deemed not to have been extinguished. In this case, an heir shall have the same rights as an inheritance obligee with regard to a claim that he/she held vis-a-vis- the decedent.〔【出典】日本法令外国語訳データベースシステム 〕
Where an order of commencement of bankruptcy proceedings is made against the inherited property, any and all property that belongs to the inherited property (irrespective of whether or not it exists in Japan) shall constitute the bankruptcy estate. In this case, rights that the decedent held vis-a-vis an heir shall be deemed not to have been extinguished.〔【出典】日本法令外国語訳データベースシステム 〕
A decedent may make an application to the family court for the disinheritance of a presumed heir (here and below, referring to a person who would otherwise become an heir upon the commencement of inheritance) who has a legally reserved portion if that person has abused or given grave insult to the decedent, or if there has been any other grave misconduct on the part of the presumed heir.〔【出典】日本法令外国語訳データベースシステム 〕