Page:The Civil code of Japan (IA cu31924069576704).pdf/51

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him; but this does not apply, if the other party knew the facts.

114.

In the case mentioned in Art. 113 the other party may fix a reasonable period and call upon the principal to answer definitively whether he will ratify or not. If the principal does not give definitive answer within the period fixed, he is deemed to have refused to ratify.

115.

A contract made by a person without authority of representation can be rescinded by the other party so long as the principal has not ratified it; but this does not apply, if the other party knew at the time of the contract of the want of authority.

116.

Unless a different intention is expressed, the effect of the ratification relates back to the time of the contract; but this cannot impair the rights of third persons.

117.

A person who makes a contract as representative of another is responsible at the option of the opposite party either for performance or for damage, if he cannot establish his right of representation, or if the principal does not ratify the contract.

The foregoing provision does not apply, if the other party knew that the representative had no authority, or if he was ignorant of it through his own negligence,

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