Compulsory execution procedures (Civil Execution Act, Article 122 et seq.) are carried out against movable property in order to forcibly realize monetary claims. Execution of movable property is carried out by an execution officer and involves direct and physical intervention. The scope of movable property subject to execution differs from the scope of movable property as defined in the Civil Code (Civil Code, Article 86), and includes fixtures on land (e.g., garden stones, steel towers, etc.), natural fruits that have not yet been separated from the land and are certain to be harvested within one month, and securities such as stock certificates, bills, checks, and warehouse receipts, which are not prohibited from being endorsed, as well as other items that are subject to execution of movable property. Source: Heibonsha World Encyclopedia, 2nd Edition Information |
金銭債権の強制的実現のために,動産を対象として行われる強制執行手続(民事執行法122条以下)。動産執行は執行官が行い,直接かつ実力介入を伴う執行である。執行対象動産の範囲は,民法でいう動産の範囲(民法86条)と異なり,土地の定着物(例えば,庭石,鉄塔等),土地から分離する前の天然果実で1ヵ月以内に収穫が確実なものや,株券,手形,小切手,倉荷証券等の有価証券で,裏書の禁止されていないものも,動産執行の対象となる。
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