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In the Japanese legal system, CERTIFIED COPY OF FAMILY REGISTER each local mayor issues are used to prove any individual facts including birth, death, names of his/her parents, marriage, and existence of children, names of his/her spouse and child, and in fact, such facts must be proven with the CERTIFIED COPY OF FAMILY REGISTER. Therefore, there is no need for more proceedings such as certificate by the court and attestation of a Notary Public in Japan and moreover, there is no possibility of obtaining those certificates.

According to Japanese Civil Law, the heirs at law shall be determined as follows:-

Article 887 The child of a decedent shall be an heir.

Article 889 In the case where there is no person to become an heir pursuant to the provision of Article 887, the following persons shall become heirs in accordance with the following order of rank:

(i) Lineal ascendants of the decedent; provided that between persons of differing degree of kinship, the person who is of closer relationship shall have higher priority of inheritance;
(ii) Siblings of the decedent.

Article 890 The spouse of a decedent shall always be an heir.

Article 907 (i) 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.
(ii) If agreement is not, or cannot be, settled between joint heirs regarding division of inherited property, each of the joint heirs may make an application to the family court for a division of the inherited property.

Article 818 A child who has not attained the age of majority shall be subject to the parental authority of his/her parents. Parental authority shall be exercised jointly by married parents; provided that if either parent is incapable of exercising parental authority, the other parent shall do so.

Note) The age of majority is 20 years old in Japan.

Article 824 A person who exercises parental authority shall administer the property of the child and represent the child in any legal juristic act in respect of the child’s property.

Article 827 A person who exercises parental authority shall exercise the right of administration of property with the same care he/she would exercise for him/herself.
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上記広告は1ヶ月以上更新のないブログに表示されています。新しい記事を書くことで広告を消せます。