Page:The Civil code of Japan (IA cu31924069576704).pdf/227

This page has been proofread, but needs to be validated.

— 207 —

786.

In case of the adoption of a mukoyōshi[1] each of the parties concerned may apply to the court for cancellation of the marriage on the ground of the invalidity or cancellation of the adoption. But this does not affect the right to make an application for the cancellation of the marriage together with an application to have the adoption declared invalid or cancelled.

The above mentioned right to cancellation is extinguished, if three months have elapsed since the party concerned had knowledge of the invalidity or of the cancellation of the adoption, or if he has renounced the right of cancellation.

787.

The cancellation of a marriage has no retrospective effect.

A party who at the time of contracting the marriage had no knowledge of the cause of cancellation is bound to restore property obtained by the marriage only so far as he is presently enriched thereby.

A party who at the time of contracting the marriage had knowledge of the cause of cancellation is bound to restore all profits obtained by the marriage. He is also liable for damages to the other party, if the latter acted in good faith.

  1. ↑ Mukoyōshi 壻養子 is a person who is adopted by another and at the same time marries the daughter of the house who would be the heir to the headship of the house.
This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.