Page:The Civil code of Japan (IA cu31924069576704).pdf/281

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designation relates back to the time of the death of the ancestor.

982.

When there is neither a legal nor a designated heir to the house, the father of the ancestor, if in his house, or, if there is no such father or he is unable to express his intention, the mother, or if there are no parents or both are unable to express their intention, the family council, is to choose an heir to the house from among the members of the house according to the following order:—

  1. The wife, if she is a daughter of the house;
  2. The brothers;
  3. The sisters;
  4. The wife not falling under No 1;
  5. The descendants of brothers or sisters.

983.

The persons who are to choose the heir to the house may deviate from the order specified in the preceding article or forbear from making any choice at all only if some just cause exists and with the permission of the court.

984.

If there is no heir to the house according to the provisions of Art. 982, that person among the ascendants belonging to the house who is nearest in degree, becomes heir to the house. Among persons of the same degree a male has preference.

985.

If there is ne heir to the house according to the provisions of the preceding acticle, the family council must choose an heir to the house from among the

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