Page:The Civil code of Japan (IA cu31924069576704).pdf/28

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order a manager instituted by the absent person himself to do as prescribed in the preceding paragraph.

Also the court may order the manager to take all necessary measures for the protection of the property of the absent person.

28.

If it is necessary for a manager to do any acts in excess of the powers specified in Art. 103, he may do so on obtaining the permission of the court. Where it is uncertain whether the absent person is living or dead, the same applies, if it is necessary for a manager to do any acts in excess of the powers conferred upon him by the absent person.

29.

The court may require the manager to give proper security for the management and restoration of the property.

The court may allow a reasonable compensation to a manager out of the absent person’s property, having regard to the relations existing between the manager and the absent person and to the other circumstances.

30.

If it has been uncertain for seven years whether the absent person is living or dead, the court may on the application of any person interested or of the public procurator make an adjudication of disappearance.

The same applies to a person who has gone to the seat of a war, or has been on a ship which was lost, or has come into any other peril of his life, if it is uncertain whether he is living or dead for three years after the war has come to an end, the ship has been lost or the other peril has passed.