confiscation provided for in the preceding paragraph.

## Article 38 (Stay of Compulsory Execution)

When a court issues or is going to issue a securance order for confiscation of any property in respect of which a decision to commence compulsory auction or attachment has been made, the court may, by a decision, order the stay of the compulsory execution upon application by a public prosecutor or ex officio, if the court finds that there is a reasonable ground to deem that there exists any of the causes provided for in the proviso of Paragraph 1 of the preceding article.

2. The execution court (the court clerk who effected the attachment when the attachment has been effected; the same shall apply hereinafter in this paragraph) shall stay the compulsory execution upon the submission by a public prosecutor of a certified copy of the writing of the decision provided for in the preceding Paragraph. In applying the provisions of the Civil Execution Law in such case, the document provided for in Paragraph 1(7) of Article 39 of the same Law shall be deemed to be submitted.

3. If securance of confiscation becomes invalid or substitute money is paid, or if a ground provided for in Paragraph 1 of this article ceases to exist or the duration of stay of compulsory execution has been unreasonably prolonged, the court shall, by a decision, revoke the decision provided for in Paragraph 1 of this article upon application by a public prosecutor or the execution creditor or ex officio. The provisions of Paragraph 2 of Article 32 shall apply mutatis mutandis to such case.

## Article 39 (Adjustment with auction procedure to execute collateral right)

Execution (except for attachment) of any collateral right, which exists on any property secured for confiscation and which was created after such securance of confiscation had been made or the disposition of which has been proscribed by a collateral securance order, may not be made, unless the proscription of disposition by the securance order for confiscation or the collateral securance order becomes invalid or the substitute money is paid.

2. When a collateral securance order is issued in respect of any collateral right after auction procedure to execute such collateral right has been commenced, the execution court shall stay the procedure upon the submission by a public prosecutor of a certified copy of such order. In applying the provisions of the Civil Execution Law in such case, the document provided for in Paragraph 1(7) of Article 183 of the same Law (including mutatis mutandis application of such provisions in Article 189, Article 192 and Paragraph 2 of Article 193) shall be deemed to be submitted.

## Article 40 (Adjustment with other procedures)

The provisions of Article 35 shall apply mutatis mutandis to the restriction on any such procedures other than securance of confiscation when any property secured for confiscation is attached pursuant to the provisions for disposition for arrears of taxes (Such term means disposition for arrears of taxes under the National Tax Collection Law (Law No. 147 of 1959) and any other disposition for arrears of taxes in accordance with the same; The same shall apply hereinafter.), or a decision of commencement of bankruptcy proceedings or a decision of commencement of rehabilitation proceedings or a prohibition order pursuant to the provision of paragraph 1 of Article 28 of the Law relating to Recognition and Assistance for Foreign Insolvency Proceedings (Law No. 129 of 2000) in the recognition and assistance proceedings (in Paragraph 3 referred to as the "decision of commencement of bankruptcy proceedings, etc.") is made with respect to any person holding the property secured for confiscation, or a decision to commence reorganization procedure or an order to commence special liquidation (in this article collectively referred to as a "decision to commence reorganization procedure, etc.") is made with respect to a corporation or other juristic person holding the property secured for confiscation.

2. The provisions of Article 36 shall apply mutatis mutandis to the deposit by the third obligor when attachment under the provisions of disposition for arrears of taxes is made on any money claim secured for confiscation or securance of confiscation is made in respect of any money claim attached pursuant to the provisions of disposition for arrears of taxes, and the provisions of Paragraphs 1, 2 and 4 of the same article to the deposit by the third obligor when provisional attachment is made on any money claim secured for confiscation or securance of confiscation is made in respect of any money claim provisionally attached.

3. The provisions of Article 37 shall apply mutatis mutandis to the restriction on confiscation of any property which has been provisionally attached before the securance of confiscation is made, or the superficies or other right existing on which has been provisionally attached before the disposition is proscribed by a collateral securance order; the provisions of the main clause of