The Civil Code of Japan
The Civil Code
of
Japan.
Translated
by
Dr. Ludwig Lönholm,
Professor at the Imperial University Tokyo.
Bremen:—Max Nossler.
Tokyo:—Maruya & Co.
Yokohama, Shanghai, Hongkong & Singapore:
Kelly & Walsh Lim.
All Rights Reserved.
Printed by the Kokubunsha, Tokyo.
To
His Lordship
Marquis Hirobumi Ito
Minister President of State
and
President of the Committee for
the Revision of the Codes
This Book is Respectfully Dedicated.
Preface.
The first draft of a Civil Code for Japan was drawn up by Mr. Boissonade de Fontarabie, a French jurist, and followed in the main the lines of the French law. But shortly before it was to go into effect a committee of revision was appointed, who instead of simply revising that draft made a wholly new Code modeled very closely upon the new German Civil Code and entirely different from Mr. Boissonade’s Code, which therefore never went into operation.
The authors of the present thoroughly modern and scientific Code are Messrs. Nobushige Hozumi, Masakasa Tomii and Kenjiro Ume, professors of law in the Imperial University of Tokyo.
The technical terms of the Civil Code are very often literal translations into Sinico-Japanese of the corresponding German words. This fact and the great difference in form, arrangement and terminology between the Japanese-German and the English law makes it often difficult to translate the Japanese words by proper technical equivalents in English. For the most part the same Japanese word has been translated whenever it occurs by the same English word, even at the cost of an occasional awkwardness of expression; but in a few cases it was impossible to follow this rule without impairing the clearness of the sentence.
Sometimes unusual words have had to be employed to render the corresponding Japanese expressions, for instance the word “prestation,” which, however, is used to some extent by recent writers in English.
A most important difference between the English system and the system embodied in the new Japanese Code is that the latter does not recognize the distinction between real and personal property, which plays so important a part in the former. The rules relating to property are mostly stated in a general form, so as to apply to all kinds of property.
Furthermore the division of the English law into law and equity, which was the result of historical accidents, has no place in the Japanese Civil Code.
In the law of obligations the Japanese Code uses two words to express the meaning of the Latin word obligatio, namely 債權 “saiken,” obligation-right and 債務 “saimu,” obligation-duty. In this translation the single word “obligation” has been used to render both. In some cases, however, when it seemed necessary, obligations have been designated as existing “in favour of” or “against” persons. The English expressions “right of action” and “claim” cannot properly be used to translate the word “saiken,” as they have different meanings in English law.
The family law and the law of succession are mainly of native origin. But the original Japanese institutions retained in these parts of the Codes have been greatly modernized.—
In translating from the original Japanese text I have not made any use whatever of the English translation of the first three Books of the Civil Code, which was published in the year 1897, nearly two years later than my German translation of the same work. The fact that I was the first to translate the Japanese Civil Code into a European language will justify my undertaking to present to the public another English version of this important law, for whose scientific translation or explanation a knowledge of German law is quite indispensable.
I acknowledge my obligation to my friend, Prof. Henry T. Terry, of the College of Law of the Imperial University for his assistance in putting this translation into a correct English shape.
I have appended the translation of the Law concerning the Application of Laws in General, drafted in an excellent and also to foreigners satisfactory manner by Prof. Nobushige Hozumi with the assistance of Prof. K. Ume.
Tokyo, June 1898.
Dr. L. Lönholm.
Index.
Book I.—General provisions. |
1. |
Chapter VIII.I.—Persons. |
1. |
CHAPTERSection VIII.I.—The holding of private rights. |
1. |
CHAPTERSection VIII.II.—Capacity. |
1. |
CHAPTERSection VIII.III.—Domicile. |
6. |
CHAPTERSection VIII.IV.—Disappearance, |
7. |
Chapter VIII.II.—Juridical persons |
9. |
CHAPTERSection VIII.I.—Creation of juridical persons. |
9. |
CHAPTERSection VIII.II.—The management of juridical persons. |
15. |
CHAPTERSection VIII.III.—Dissolution of a juridical person. |
18. |
CHAPTERSection VIII.IV.—Penalties. |
23. |
Chapter VIII.III.—Things. |
24. |
Chapter VIII.IV.—Juristic acts. |
25. |
CHAPTERSection VIII.I.—General provisions. |
25. |
CHAPTERSection VIII.II.—The expression of intention. |
26. |
CHAPTERSection VIII.III.—Representation |
27. |
CHAPTERSection VIII.IV.—Void and voidable juristic acts. |
32. |
CHAPTERSection VIII.V.—Conditions and time of commencement or ending. |
34. |
Chapter VIII.V.—Periods of time. |
36. |
Chapter VIII.VI.—Prescription. |
38. |
CHAPTERSection VIII.I.—General provisions. |
38. |
CHAPTERSection VIII.II.—Acquisitive prescription. |
41. |
CHAPTERSection VIII.III.—Extinctive prescription. |
42. |
Book II.—Real rights |
46. |
Chapter VIII.I.—General provisions. |
46. |
Chapter VIII.II.—Possessory right. |
47. |
CHAPTERSection VIII.I.—Acquisition of a possessory right. |
47. |
CHAPTERSection VIII.II.—The effect of a possessory right. |
49. |
CHAPTERSection VIII.III.—Extinction of a possessory right. |
53. |
CHAPTERSection VIII.IV.—Quasi-possession. |
54. |
Chapter VIII.III.—Ownership. |
54. |
CHAPTERSection VIII.I.—The extent of ownership |
54. |
CHAPTERSection VIII.II.—The acquisition of ownership. |
62. |
CHAPTERSection VIII.III.—Co-ownership |
65. |
Chapter VIII.IV.—Superficies |
68. |
Chapter VIII.V.—Emphyteusis. |
70. |
Chapter VIII.VI.—Servitudes |
72. |
Chapter VIII.VII.—Possessory liens. |
75. |
Chapter VIII.VIII.—Preferential rights. |
77. |
CHAPTERSection VIII.I.—General provisions. |
77. |
CHAPTERSection VIII.II.—Classes of preferential rights. |
78. |
Subsection VIII.I.—General preferential rights. |
78. |
Subsection VIII.II.—Preferential rights in movables. |
80. |
Subsection VIII.III.—Preferential rights in immovables |
83. |
CHAPTERSection VIII.III.—The rank of preferential rights. |
84. |
CHAPTERSection VIII.IV.—The effect of preferential rights. |
86. |
Chapter VIII.IX.—Pledge. |
89. |
CHAPTERSection VIII.I.—General provisions |
89. |
CHAPTERSection VIII.II.—Pledge of a movable. |
91. |
CHAPTERSection VIII.III.—The pledge of an immovable. |
92. |
CHAPTERSection VIII.IV.—The pledge of a right. |
93. |
Chapter VIII.X.—Mortgage. |
95. |
CHAPTERSection VIII.I.—General provisions |
95. |
CHAPTERSection VIII.II.—The effect of a mortgage. |
97. |
CHAPTERSection VIII.III.—The extinction of the mortgage. |
103. |
Book III.—Oligations. |
104. |
Chapter VIII.I.—General provisions. |
104. |
CHAPTERSection VIII.I.—The subject of the obligation. |
104. |
CHAPTERSection VIII.II.—The effect of the obligation. |
106. |
CHAPTERSection VIII.III.—Plurality of creditors or debtors |
112. |
Subsection VIII.I.—General provisions |
112. |
Subsection VIII.II.—Indivisible obligations |
112. |
Subsection VIII.III.—Joint obligations. |
113. |
Subsection VIII.IV.—Suretyship. |
117. |
CHAPTERSection VIII.IV.—The assignment of obligations. |
122. |
CHAPTERSection VIII.V.—The extinguishment of obligations. |
124. |
Subsection VIII.I.—Performance. |
124. |
Subsection VIII.II.—Set off. |
133. |
Subsection VIII.III.—Novation. |
134. |
Subsection VIII.IV.—Release. |
136. |
Subsection VIII.V.—Confusion |
136. |
Chapter VIII.II.—Contracts. |
137. |
CHAPTERSection VIII.I.—General provisions |
137. |
Subsection VIII.I.—The formation of a contract. |
137. |
Subsection VIII.II.—The effect of a contract. |
140. |
Subsection VIII.III.—The rescission of a contract. |
142. |
CHAPTERSection VIII.II.—Gift. |
145. |
CHAPTERSection VIII.III.—Sale. |
146. |
Subsection VIII.I.—General provisions. |
146. |
Subsection VIII.II.—The effect of a sale. |
147. |
Subsection VIII.III.—Repurchase. |
152. |
CHAPTERSection VIII.IV.—Exchange. |
155. |
CHAPTERSection VIII.V.—Loans for consumption, |
155. |
CHAPTERSection VIII.VI.—Loans for use. |
157. |
CHAPTERSection VIII.VII.—The hiring of things. |
159. |
Subsection VIII.I.—General provisions |
159. |
Subsection VIII.II.—The effect of the hiring of things. |
159. |
Subsection VIII.III.—The termination of a hiring of things |
162. |
CHAPTERSection VIII.—The hiring of services. |
164. |
CHAPTERSection VIII.IX.—Contract work. |
167. |
CHAPTERSection VIII.X.—Mandate. |
169. |
CHAPTERSection VIII.XI.—Deposit. |
173. |
CHAPTERSection VIII.XII.—Association. |
175. |
CHAPTERSection VIII.XIII.—Life Annuities |
180. |
CHAPTERSection VIII.XIV.—Compromise. |
181. |
Chapter VIII.III.—Business management. |
182. |
Chapter VIII.IV.—Unjust enrichment. |
183. |
Chapter VIII.V.—Wrongful acts. |
185. |
Book IV.—Family. |
190. |
Chapter VIII.I.—General provisions. |
190. |
Chapter VIII.II.—The head and members of a house |
192. |
CHAPTERSection VIII.I.—General provisions. |
192. |
CHAPTERSection VIII.II.—Rights and duties of the head and of the members of a house. |
196. |
CHAPTERSection VIII.III.—Extinguishement of the headship of a house. |
197. |
Chapter VIII.III.—Marriage. |
201. |
CHAPTERSection VIII.I.—The contracting of marriage. |
201. |
Subsection VIII.I.—Requisites of marriage. |
201. |
Subsection VIII.II.—The invalidity and the cancellation of a marriage. |
204. |
CHAPTERSection VIII.II.—Effect of marriage. |
208. |
CHAPTERSection VIII.III.—The property of the husband and wife. |
209. |
Subsection VIII.I.—General provisions |
209. |
Subsection VIII.II.—Legal arrangement as to property of the husband and wife. |
210. |
CHAPTERSection VIII.IV.—Divorce. |
213. |
Subsection VIII.I.—Divorce by consent. |
213. |
Subsection VIII.II.—Judicial divorce. |
214. |
Chapter VIII.IV.—Parent and child. |
216. |
CHAPTERSection VIII.I.—Children by birth. |
216. |
Subsection VIII.I.—Legitimate children. |
216. |
Subsection VIII.II.—Shoshi and natural children. |
218. |
CHAPTERSection VIII.II.—Adopted children. |
220. |
Subsection VIII.I.—Requisites of adoption. |
220. |
Subsection VIII.II.—The invalidity and cancellation of an adoption. |
223. |
Subsection VIII.III.—The effect of adoption. |
226. |
Subsection VIII.IV.—The dissolution of adoption. |
226. |
Chapter VIII.V.—The parental power |
230. |
CHAPTERSection VIII.I.—General provisions |
230. |
CHAPTERSection VIII.II.—The effect of the parental power. |
231. |
CHAPTERSection VIII.III.—The extinction of the parental power. |
235. |
Chapter VIII.VI.—Guardianship. |
236. |
CHAPTERSection VIII.I.—The arising of guardianship. |
236. |
CHAPTERSection VIII.II.—Guardians and supervisors. |
237. |
Subsection VIII.I.—Guardians. |
237. |
Subsection VIII.II.—Supervisors. |
240. |
CHAPTERSection VIII.III.—The functions of a guardian. |
242. |
CHAPTERSection VIII.IV.—Termination of the guardianship |
247. |
Chapter VIII.VII.—The family council |
248. |
Chapter VIII.—The duty of support. |
251. |
Book V.—Succession. |
254. |
Chapter VIII.I.—Succession to a house. |
254. |
CHAPTERSection VIII.I.—General provisions. |
254. |
CHAPTERSection VIII.II.—The heir to a house |
256. |
CHAPTERSection VIII.III.—The effect of the succession to a house. |
262. |
Chapter VIII.II.—Succession to property. |
264. |
CHAPTERSection VIII.I.—General provisions. |
264. |
CHAPTERSection VIII.II.—The heir to property. |
264. |
CHAPTERSection VIII.III.—The effect of succession to property. |
266. |
Subsection VIII.I.—General provisions |
266. |
Subsection VIII.II.—Portions. |
267. |
Subsection VIII.III.—The partition of the property succeeded to. |
269. |
Chapter VIII.III.—The acceptance and refusal of a succession. |
270. |
CHAPTERSection VIII.I.—General provisions. |
271. |
CHAPTERSection VIII.II.—Acceptance. |
273. |
Subsection VIII.I.—Absolute acceptance. |
273. |
Subsection VIII.II.—Qualified acceptance. |
274. |
CHAPTERSection VIII.III.—Refusal. |
277. |
Chapter VIII.IV.—The separation of the property. |
278. |
Chapter VIII.V.—The absence of an heir. |
280. |
Chapter VIII.VI.—Wills. |
283. |
CHAPTERSection VIII.I.—General provisions. |
283. |
CHAPTERSection VIII.II.—The forms of a will. |
184. |
Subsection VIII.I.—Ordinary forms. |
284. |
Subsection VIII.II.—Exceptional forms. |
288. |
CHAPTERSection VIII.III.—The effect of a will. |
296. |
CHAPTERSection VIII.IV.—The carrying into execution of a will. |
296. |
CHAPTERSection VIII.V.—The revocation of a will |
300. |
Chapter VIII.VII.—Legal portions. |
301. |
| 306. |
| 314. |
| 315. |
Errata.
- Page 198 Art. 754 for must read may.
- Page„ 202 Art.„ 768 for punished read sentenced to punishment.
- Page„ 206 Art.„ 784, No. 3 for three years read two years.
- Page„ 220 Art.„ 838 for ascendants read relatives in the ascending line.
- Page„ 238 Art.„ 907, Note 2 add: and other large towns separated from the gun.
- Page„ 244 Art.„ 925 for blood relatives read lineal blood relatives.
- Page„ 258 Art.„ 972 for Art. 966 read Art. 970.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
| Original: |
This work is public domain because, according to Article 13 of the Copyright Act of Japan, this work is not eligible for copyright. The provisions of Article 13 shall not grant copyright to a work falling under any of the following categories:
This work is also in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."
Public domainPublic domainfalsefalse
This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties." These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).
A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.
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| Translation: |
This work is in the public domain in the United States because it was published before January 1, 1930. The longest-living author of this work died in 1941, so this work is in the public domain in countries and areas where the copyright term is the author's life plus 83 years or less. This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
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