Page:The Civil code of Japan (IA cu31924069576704).pdf/89

rent to the owner of the land, the provisions of Arts. 274–276 apply correspondingly.

Also the provisions as to the contract of hiring apply correspondingly to the rent.

The provisions of Arts. 209–238 apply correspondingly to the relations between several superficiaries and between a superficiary and the owner of the land; but the presumption mentioned in Art. 229 applies to a superficiary only as to works which have been constructed after the creation of the superficies.

If no time for the duration of the superficies has been fixed in the act by which it was created, and there is no special custom to the contrary, the superficiary may surrender his right at any time; but if he is bound to pay a ground rent, he must give notice at least one year beforehand or pay one full year’s rent.

If the superficiary does not surrender his right according to the foregoing provisions, the court may on the application of a party interested fix the duration of the right at from twenty to fifty years, taking into consideration the kind and condition of the structures or bamboos and trees, as well as the circumstances existing at the time when the right was created.

At the termination of the superficies the superficiary, on restoring the land to its former condition, may take away structures or bamboos and trees. But if the owner of the land gives notice that he desires to buy such things, and offers their present