Page:The Civil code of Japan (IA cu31924069576704).pdf/46

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Section II.
The Expression of Intention.

93.

If a person makes an expression of intention knowing that it is not his real intention, it is nevertheless valid. But it is void, if the other party knows or ought to know his real intention.

94.

An expression of intention which to the knowledge of the other party is only feigned, is void.

The invalidity of such expression cannot be set up against third persons acting in good faith.

95.

An expression of intention is void, if made under a mistake as to an essential element of the juristic act; but if the person who made the expression was grossly negligent, he cannot avail himself of such invalidity.

96.

An expression of intention procured by fraud or coercion may be rescinded.

If a third person has committed a fraud in respect to an expression of intention made to some person, it can only be rescinded, if the other party knew of the fraud.

The rescission of an expression of intention procured by fraud cannot be set up against third persons acting in good faith.

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