Page:The Civil code of Japan (IA cu31924069576704).pdf/218

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753.

If the head of a house, because of sickness or because of his succeeding to the principal house or of its re-establishment or because of any other unavoidable necessity, has become unable to continue the administration of the house, he may resign the headship with the consent of the court, notwithstanding the provisions of the preceding article; but if there is no legal expectant heir to the house, he must first appoint a person to be heir of the house and obtain his assent.

754.

If the head of a house desires to enter another house by marriage, he must[errata 1] resign the headship according to the provisions of the preceding article.

If the head of a house desires to enter another house by marriage, without resigning the headship, and the registrar accepts the notification of the marriage, it is deemed that the head has resigned his headship on the day of the marriage.

755.

A woman who is the head of a house can resign without regard to her age.

A married woman who is the head of a house must obtain the consent of her husband to resign. But the husband must not refuse such consent without reasonable cause.

756.

An incapacitated person need not obtain the consent of his guardian to resign the headship of a house.


  1. Correction: must should be amended to may: detail