PA341610 Civil Execution and Provisional Remedies

Hiroshima University Syllabus

Japanese

Academic Year 2025Year School/Graduate School Graduate School of Humanities and Social Sciences (Professional degree course) Division of Law School Program for Law Practice Professionals

Lecture Code PA341610 Subject Classification Specialized Education

Subject Name 民事執行保全法

Subject Name
（Katakana）ミンジシッコウホゼンホウ

Subject Name in
English Civil Execution and Provisional Remedies

Instructor TANABE MAKOTO

Instructor
(Katakana) タナベ　マコト

Campus Higashi-Senda Semester/Term 2nd-Year,  First Semester,  First Semester

Days, Periods, and Classrooms (1st) Tues3-4

Lesson Style Lecture Lesson Style
(More Details) Face-to-face

1. Students should read carefully the assigned part of the textbook and the cases. 2. Class time will be devoted to highlight the important points. Students need to study other points themselves.

Credits 2.0 Class Hours/Week 2 Language of Instruction J : Japanese

Course Level 7 : Graduate Special Studies

Course Area（Area） 24 : Social Sciences

Course Area（Discipline） 01 : Law

Eligible Students

Keywords Civil execution, Provisional remedies

Special Subject for Teacher Education 　 Special Subject 　

Class Status
within Educational
Program
(Applicable only to targeted subjects for undergraduate students)
Criterion referenced
Evaluation
(Applicable only to targeted subjects for undergraduate students)

Class Objectives
/Class Outline [Course objectives and outline]
(1) To be able to understand the overall flow and basic structure of civil execution and civil preservation procedures.
(2) To be able to understand various principles of the Civil Execution Law and Civil Provisional Remedies Law by referring to specific cases.
The lecture will focus on the Civil Execution Law and the Civil Provisional Remedies Law, and will cover compulsory execution, execution of security interest, and temporary restraining orders (provisional seizure and provisional disposition). The goal of the lecture is to enable students to understand the overall picture and basic principles of civil execution and civil preservation procedures.
In civil execution, the lecture will cover the basic structure of civil execution (title of obligation, execution documents, property subject to execution), lawsuits related to execution, remedies against illegal execution, monetary execution against real estate, movable property, claims, etc., non-monetary execution, execution of security interest, etc. In civil preservation, we handle provisional seizure and provisional disposition.
The civil preservation practice deals with the procedures and effects of issuance and execution of provisional seizures and provisional dispositions.

Class Schedule １：Outline of Civil Execution（１）
２：Outline of Civil Execution（２）
３：Compulsory Execution of Surrender of Real Property（１）
４：Compulsory Execution of Surrender of Real Property（２）
５： Compulsory Execution against Movables
６：Compulsory Execution against Real Property（１）
７：Compulsory Execution against Real Property（２）
８：Compulsory Execution against a Claim（１）
９：Compulsory Execution against a Claim（２）、 Investigation of Status of Property of Obligor
10：Special Cases（１）
11：Special Cases（２）
12：Exercise of a Security Interest（１）
13：Exercise of a Security Interest（２）
14：Civil Provisional Remedy（１）
15：Civil Provisional Remedy（２）

Final examination

Text/Reference
Books,etc. Textbook = Toshio Uehara, Yukiko Hasebe, and Kazuhiko Yamamoto, “Civil Execution and Maintenance Law (7th Edition)” (Yuhikaku, 2024).
Reference books: Teiichiro Nakano and Satoshi Aoki, Introduction to Civil Execution and Provisional Remedies (Supplementary Revised Second Edition) (Yuhikaku, 2022); Tadashi Nakanishi, Hiromasa Nakajima, Takuya Hatta, and Satoshi Aoki, Legal Quest: Civil Execution and Provisional Remedies (Second Edition) (Yuhikaku, 2021); One Hundred Examples of Civil Execution and Provisional Remedies (3rd ed.
(3rd ed.) (Yuhikaku, 2020); Tetsuro Hirano, Practical Civil Execution and Civil Preservation Law (3rd ed.) (Nihon Hyoronsha, 2020).

PC or AV used in
Class,etc. Text, Handouts

(More Details) Text，Resume and handouts

Learning techniques to be incorporated

Suggestions on
Preparation and
Review Please check on TKC for more information.

Requirements

Grading Method Final exam: 90%
Q&A during class: 10%

Practical Experience

Summary of Practical Experience and Class Contents based on it

Message Please check on TKC for more information.

Other

Please fill in the class improvement questionnaire which is carried out on all classes.
Instructors will reflect on your feedback and utilize the information for improving their teaching.

Academic Year	2025Year	School/Graduate School	Graduate School of Humanities and Social Sciences (Professional degree course) Division of Law School Program for Law Practice Professionals
Lecture Code	PA341610	Subject Classification	Specialized Education
Subject Name	民事執行保全法
Subject Name （Katakana）	ミンジシッコウホゼンホウ
Subject Name in English	Civil Execution and Provisional Remedies
Instructor	TANABE MAKOTO
Instructor (Katakana)	タナベ　マコト
Campus	Higashi-Senda	Semester/Term	2nd-Year, First Semester, First Semester
Days, Periods, and Classrooms	(1st) Tues3-4
Lesson Style	Lecture	Lesson Style (More Details)	Face-to-face
1. Students should read carefully the assigned part of the textbook and the cases. 2. Class time will be devoted to highlight the important points. Students need to study other points themselves.
Credits	2.0	Class Hours/Week	2	Language of Instruction	J : Japanese
Course Level	7 : Graduate Special Studies
Course Area（Area）	24 : Social Sciences
Course Area（Discipline）	01 : Law
Eligible Students
Keywords	Civil execution, Provisional remedies
Special Subject for Teacher Education		Special Subject
Class Status within Educational Program (Applicable only to targeted subjects for undergraduate students)
Criterion referenced Evaluation (Applicable only to targeted subjects for undergraduate students)
Class Objectives /Class Outline	[Course objectives and outline] (1) To be able to understand the overall flow and basic structure of civil execution and civil preservation procedures. (2) To be able to understand various principles of the Civil Execution Law and Civil Provisional Remedies Law by referring to specific cases. The lecture will focus on the Civil Execution Law and the Civil Provisional Remedies Law, and will cover compulsory execution, execution of security interest, and temporary restraining orders (provisional seizure and provisional disposition). The goal of the lecture is to enable students to understand the overall picture and basic principles of civil execution and civil preservation procedures. In civil execution, the lecture will cover the basic structure of civil execution (title of obligation, execution documents, property subject to execution), lawsuits related to execution, remedies against illegal execution, monetary execution against real estate, movable property, claims, etc., non-monetary execution, execution of security interest, etc. In civil preservation, we handle provisional seizure and provisional disposition. The civil preservation practice deals with the procedures and effects of issuance and execution of provisional seizures and provisional dispositions.
Class Schedule	１：Outline of Civil Execution（１）２：Outline of Civil Execution（２）３：Compulsory Execution of Surrender of Real Property（１）４：Compulsory Execution of Surrender of Real Property（２）５： Compulsory Execution against Movables ６：Compulsory Execution against Real Property（１）７：Compulsory Execution against Real Property（２）８：Compulsory Execution against a Claim（１）９：Compulsory Execution against a Claim（２）、 Investigation of Status of Property of Obligor 10：Special Cases（１） 11：Special Cases（２） 12：Exercise of a Security Interest（１） 13：Exercise of a Security Interest（２） 14：Civil Provisional Remedy（１） 15：Civil Provisional Remedy（２） Final examination
Text/Reference Books,etc.	Textbook = Toshio Uehara, Yukiko Hasebe, and Kazuhiko Yamamoto, “Civil Execution and Maintenance Law (7th Edition)” (Yuhikaku, 2024). Reference books: Teiichiro Nakano and Satoshi Aoki, Introduction to Civil Execution and Provisional Remedies (Supplementary Revised Second Edition) (Yuhikaku, 2022); Tadashi Nakanishi, Hiromasa Nakajima, Takuya Hatta, and Satoshi Aoki, Legal Quest: Civil Execution and Provisional Remedies (Second Edition) (Yuhikaku, 2021); One Hundred Examples of Civil Execution and Provisional Remedies (3rd ed. (3rd ed.) (Yuhikaku, 2020); Tetsuro Hirano, Practical Civil Execution and Civil Preservation Law (3rd ed.) (Nihon Hyoronsha, 2020).
PC or AV used in Class,etc.	Text, Handouts
(More Details)	Text，Resume and handouts
Learning techniques to be incorporated
Suggestions on Preparation and Review	Please check on TKC for more information.
Requirements
Grading Method	Final exam: 90% Q&A during class: 10%
Practical Experience
Summary of Practical Experience and Class Contents based on it
Message	Please check on TKC for more information.
Other
Please fill in the class improvement questionnaire which is carried out on all classes. Instructors will reflect on your feedback and utilize the information for improving their teaching.

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