Page:The Civil code of Japan (IA cu31924069576704).pdf/259

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— 239 —

  1. If in the case of a person who ought to be guardian in preference to him one of the causes specified in this and the following article had existed but has ceased to exist;
  2. In the case of a guardianship of a person adjudged incompetent, if he has been the guardian of such person for ten years or more; but this does not apply to a husband or wife, a lineal relative or the head of the house;
  3. If any other sufficient cause exists.

908.

The following persons cannot be guardians:—

  1. A minor;
  2. A person adjudged incompetent or quasi-incompetent;
  3. A person who has been deprived of public rights perpetually or for a time;
  4. A legal representative or a curator who has been removed by the court;
  5. A person who has been adjudged bankrupt;
  6. A person who is carrying on or has had a lawsuit against the ward, or the husband or wife or any lineal blood relative of such person;
  7. A person whose whereabouts is unknown;
  8. A person whom the court has ascertained to be unfit for the functions of a guardian, to have committed dishonest acts or to be addicted to a grossly evil life.

909.

The provisions of the preceding seven articles apply correspondingly to a curator.

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