The Civil Code of Japan/Book 1

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The enjoyment of private rights begins at birth.

Foreigners enjoy private rights except as forbidden by law, regulation or treaty.

On the completion of twenty years a person becomes of full age.

For the doing of juristic acts a minor must obtain ​the consent of his legal representative, except when he merely acquires a right or is freed from a duty.

An act contrary to the foregoing provisions may be rescinded.

When the legal representative authorizes a minor to dispose of property for a purpose specified by him, the minor may within the limits of such purpose dispose of it at his pleasure. He may do the same as to property which he has been authorized to dispose of without any purpose being specified.

A minor who has been authorized to carry on one or more businesses, has the same capacity in relation to such businesses as a person of full age.

If in such case the minor is not capable of conducting the business, his legal representative may revoke or restrict the authority according to the provisions of Book IV of this Code.

A person of unsound mind may on the application of himself, of her husband or his wife, of any relative to the fourth degree, of the head of his house, of his guardian or curator, or of the public procurator be adjudged incompetent by the court.

A person adjudged incompetent must be placed under guardianship.

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The acts of a person adjudged incompetent may be rescinded.

If the cause of the incompetency ceases to exist, the court must on the application of any of the persons mentioned in Art. 7 revoke the adjudication.

Weakminded, deaf, dumb or blind persons and spendthrifts may be placed under curatorship as quasi-incompetent.

A quasi-incompetent person must have the consent of his curator for doing the following acts:—

1. Receiving or employing capital;
2. Contracting a loan or giving security;
3. Doing any act whose object is the acquiring or parting with a right in an immovable or a valuable movable;
4. Doing any act in the course of a lawsuit;
5. Making a gift, a compromise, or an agreement to submit to arbitration;
6. Accepting or refusing a succession;
7. Refusing a gift or a legacy, or accepting a gift or a legacy subject to a charge;
8. Constructing, rebuilding or enlarging buildings or making extensive repairs;
9. Hiring and letting property for a period longer than specified in Art. 602.

In proper circumstances the court may order that the quasi-incompetent person must have the consent ​of the curator for acts other than those mentioned in the preceding paragraph.

Any act contrary to the provisions of the two preccding paragraphs may be rescinded.

The provisions of Art. 7 and 10 apply correspondingly to quasi-incompetent persons.

A wife must obtain the permission of her husband for doing the following acts:—

1. Those specified in Art. 12, No 1–6;
2. Accepting or refusing a gift or a legacy;
3. Making any contract affecting the disposition of her person.

Any act contrary to those provisions may be rescinded.

A wife who has been permitted to carry on one or more businesses has the same capacity in relation to such businesses as a person sui juris.

A husband may revoke or restrict the permission granted by him; but such revocation or restriction cannot be set up against a person acting in good faith.

In the following cases a wife does not require the permission of her husband:—

1. If it is uncertain whether the husband is living or dead; ​
2. If the husband has deserted her;
3. If the husband becomes adjudged incompetent or quasi-incompetent;
4. If the husband because of lunacy is placed in a hospital or a private house to be taken care of;
5. If the husband has been sentenced to a punishment of imprisonment of one year or more, for the time he is undergoing such sentence;
6. If the interests of the husband and wife conflict.

If the husband is a minor, he can give permission for the acts of his wife only in accordance with the provisions of Art. 4.

The other party to a voidable act of an incapacitated person may after such person has acquired capacity notify him to declare definitely within a period of not less than one month whether he will ratify such act or not. If no definite answer is given within such time, it is deemed to be ratified.

The same is the case if, so long as the incapacity continues, such a notification is given to the husband or legal representative, and no definite answer is made within the time fixed; but to a legal representative such a notification can only be given as to matters within the scope of his authority.

If the act is one for which particular forms are required, it is deemed to be rescinded, unless such form is complied with within the time above specified.

A notice may be given to a quasi-incompetent person or to a wife, to ratify the act with the consent of the curator or the permission of the husband within the ​time specified in the first paragraph. If the quasi-incompetent person or the wife does not give notice within the time specified that the consent of the curator or the permission of the husband has been granted, the act is deemed to be rescinded.

If the incapacitated person has used fraudulent means to cause it to be believed that he has capacity, his act cannot be rescinded.

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The principal place where a person lives is his domicile.

If the domicile of a person is not known, the place of his actual residence is deemed to be his domicile.

If a person, whether a Japanese or a foreigner, has no domicile in Japan, his place of residence in Japan is deemed to be his domicile; but this does not apply, where according to the General Law concerning the Application of Laws the law of his domicile is to govern.

If for the purpose of any act a special domicile has been chosen, that is deemed to be the domicile in respect to such act.

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If a person leaves the place which up to that time has been his domicile or residence, without having instituted a manager for his property, the court on the application of any person interested or of the public procurator may order all measures necessary for the management of the property to be taken. This applies, if during the absence of such person the authority of the manager comes to an end.

If such person afterwards institutes a manager, the court must on the application of such manager or any person interested or of the public procurator revoke its order.

If it is uncertain whether the absent person who has instituted a manager is living or dead, the court may on the application of any person interested or of the public procurator substitute another manager.

A manager appointed by the court under the provisions of the preceding two articles must make an inventory of the property to be managed by him. The costs are to be paid out of the property of the absent person.

If it is uncertain whether the absent person is living or dead, and an application is made by any party interested or by the public procurator, the court may ​order a manager instituted by the absent person himself to do as prescribed in the preceding paragraph.

Also the court may order the manager to take all necessary measures for the protection of the property of the absent person.

If it is necessary for a manager to do any acts in excess of the powers specified in Art. 103, he may do so on obtaining the permission of the court. Where it is uncertain whether the absent person is living or dead, the same applies, if it is necessary for a manager to do any acts in excess of the powers conferred upon him by the absent person.

The court may require the manager to give proper security for the management and restoration of the property.

The court may allow a reasonable compensation to a manager out of the absent person’s property, having regard to the relations existing between the manager and the absent person and to the other circumstances.

If it has been uncertain for seven years whether the absent person is living or dead, the court may on the application of any person interested or of the public procurator make an adjudication of disappearance.

The same applies to a person who has gone to the seat of a war, or has been on a ship which was lost, or has come into any other peril of his life, if it is uncertain whether he is living or dead for three years after the war has come to an end, the ship has been lost or the other peril has passed.

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A person against whom an adjudication of disappearance has been made is deemed to have died at the completion of the period specified in the preceding article.

if it is proved that the person who disappeared is living, or that he died at a time different from that specified in the preceding article, the court must upon the application of such person or of any person interested revoke the adjudication; but this does not affect the validity of acts done in good faith between the adjudication and the revocation.

A person who has acquired property under the adjudication but loses his right by its revocation is bound to restore such property only so far as he is still enriched by it.

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A juridical person can come into existence only by ​virtue of the provisions of this law or of some other law.

Associations or foundations^[2] for purposes of religion, worship, charity, science or art or other purposes of public utility, not having as their object the making of profits, can become juridical persons by the permission of the competent authorities.

Associations for purposes of profit can become juridical persons on compliance with the conditions prescribed for the creation of commercial companies.

To such associations, when they have become juridical persons, all provisions relating to commercial companies apply correspondingly.

The existence of foreign juridical persons other than States, administrative districts and commercial companies is not admitted; but this does not apply to such foreign juridical persons as are admitted by law or treaty.

Foreign juridical persons admitted under the provisions of the preceding paragraph have the same rights as the same classes of juridical persons existing in Japan; but this does not apply to such rights as foreigners cannot enjoy, or so far as special provisions are made by law or treaty.

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The creators of an association^[3] must draw up articles of association containing the following particulars:—

1. Its object;
2. Its name;
3. The location of its office;
4. Provisions relating to its capital;
5. Provisions as to the appointment or dismissal of its managers;
6. Provisions as to the acquisition or loss of membership in it.

The articles of association can only be changed by the consent of at least three quarters of the members; except so far as the articles themselves provide otherwise.

A change in the articles of association is valid only when it has been approved by the competent public authorities.

A creator of a foundation must in the act of endowment provide for the matters specified in Art. 37, No. 1–5.

If the creator of a foundation dies without having made provision as to its name, the location of its office and the appointment or dismissal of its managers, this shall be done by the court on the application of any person interested or of the public procurator.

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If an endowment is made by an act inter vivos, the provisions relating to gifts apply correspondingly.

If an endowment is made by will, the provisions relating to legacies apply correspondingly.

If the endowment is made by an act inter vivos, the property given becomes the property of the juridical person from the time when the approval of its creation is granted.

If the endowment is made by will, the property is deemed to vest in the juridical person from the time when the will takes effect.

A juridical person has rights and duties accordant to law and regulations within the scope of its object as defined in the articles of association or the act of endowment.

A juridical person is bound to make compensation for any damage done to other persons by its managers or other representatives in the exercise of their functions.

If the damage arises from an act which is not within the scope of the object of the juridical person, those members or managers who have approved of the resolution for such act, and those managers and other representatives who executed it, are jointly bound to make compensation.

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A juridical person must be registered within two weeks from the day of its creation at the place of each of its offices.^[4]

The creation of a juridical person can be set up against third persons only when it has been registered at the place of its principal office.

If a juridical person after its creation establishes a new office, that must be registered within one week from the time of its establishment.

The matters to be registered are as follows:—

1. The object of the juridical person;
2. Its name;
3. The location of its office;
4. The date of the permission for its creation;
5. Its duration, if that has been fixed;
6. The total amount of its property;
7. The manner in which contributions are to be made, if any such has been provided for;
8. The names and domiciles of its managers.

If any change takes place in the matters above specified, that must he registered within one week. Before registration a change cannot be set up against third persons.

If for any of the matters required to be registered under the provisions of Arts. 45. 1 and 46 the permission of some public authority is necessary, the period limited ​for registration is computed from the reception of the certificate of permission.

If a juridical person changes its office, such change must be registered at the original place within one week, and the registration specified in Art. 46 must be made at the new place within the same period.

If the change of office is within the same registration district, only the fact of the change need be registered.

The provisions of Arts. 45, 46 and 48 apply, where a foreign juridical person has established an office in Japan; but as to facts arising in foreign countries the period for registration is computed from the time when notice thereof is received.

When a foreign juridical person first establishes an office in Japan, third persons need not recognize the existence of such juridical person, until registration has been effected at the place of its office.

A juridical person has its domicile at the place of its principal office.

A juridical person must make an inventory of its property at the time of its creation and within the first three months of each year, and must keep it always at its office. If a special business year has been established, such inventory must be made at the time of its creation and at the end of each business year.

An association must keep in its office a list of its ​members, which must be revised whenever a change in its members occurs.

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A juridical person must have one or more managers.

If there are several managers, and the articles of association or the act of endowment does not contain different provisions, decisions as to the affairs of the juridical person are made by a majority of the managers.

The managers represent the juridical person in its affairs, but they may not act contrary to the provisions of the articles of association or to the contents of the act of endowment. In an association they must also obey the resolutions of a general meeting.

Any restriction upon the powers of representation of the managers cannot be set up against third persons acting in good faith.

The managers may delegate to other persons the power to represent the association as to particular acts only in case it is not forbidden by the articles of association, the act of endowment or a resolution of a general meeting.

If a vacancy occurs among the managers, and damage is likely to ensue from delay, the court may on ​the application of any person interested appoint a temporary manager.

In a matter in which the interests of a juridical person conflict with those of a manager, the latter has no representative power. In such case a special representative must be appointed according to the provisions of the preceding article.

By the articles of association, the act of endowment or a resolution of a general meeting one or more supervisors may be constituted for a juridical person.

Supervisors have the following duties:—

1. To examine into the condition of the property of the juridical person;
2. To examine into the conduct of its affairs by the managers;
3. If they discover anything improper in the condition of its property or the conduct of its affairs, to give notice thereof to a general meeting or to the competent public authorities;
4. To call a general meeting, if necessary, in order to give the notice mentioned in No 3.

The managers of an association must at least once a year hold an ordinary general meeting of the members.

The managers of an association may at any time, if they consider it necessary, call an extraordinary general meeting.

​The managers must call an extraordinary meeting, whenever at least one fifth of all the members request it, stating the object of it. This number may be increased or diminished by the articles of association.

A call for a general meeting must be made at least five days beforehand, stating the matters to be acted upon, in the manner provided in the articles of association.

The affairs of an association, so far as not entrusted by the articles of association to its managers or other officers, are transacted by resolutions of a general meeting.

Except as otherwise provided in the articles of association, a resolution can be passed in a general meeting only on those matters as to which the notice mentioned in Art. 62 has been given.

All the members have the same right to vote.

Members who do not attend a general meeting may vote by writing or by proxy.

These provisions do not apply, if it is otherwise provided in the articles of association.

A member has not the right to vote upon any ​resolution concerning a relation between the association and himself.

The affairs of a juridical person are subject to the supervision of the competent public authorities.

The competent authorities may at any time of their own motion examine the condition of the affairs and of the property of a juridical person.

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A juridical person is dissolved by the following cases:—

1. If any cause of dissolution arises which is specified in the articles of association or the act of endowment;
2. If the object for which the juridical person was created has been fully accomplished or is impossible to accomplish;
3. By bankruptcy;
4. By the revocation of the permission for creation.

An association is also dissolved for the following causes:—

1. By a resolution of a general meeting;
2. If there are no longer any members.

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Except as otherwise provided in the articles of association, an association can be dissolved by a resolution to dissolve only if at least three fourths of all members concur in such resolution.

If a juridical person becomes unable to meet its obligations in full, the court upon the application of its managers or of any creditor^[5] or of its own motion must make an adjudication of bankruptcy.

In such case the managers must apply immediately for an adjudication of bankruptcy.

If a juridical person carries on undertakings which are beyond the scope of its object, or violates the conditions under which permission for its creation was granted, or does acts which might be injurious to the public interests, the competent authorities may revoke such permission.

The property of a juridical person which has been dissolved goes to the persons designated in the articles of association or the act of endowment.

If in the articles of association or the act of endowment the persons to whom the property shall go have not been designated, or no way of designating them has been provided, the managers may with the permission of the competent public authorities dispose of ​the property for some object similar to that of the juridical person; but in the case of an association they must obtain a resolution of a general meeting.

If no disposition is made under the provisions of the two preeeding paragraphs, the property goes to the State.

A juridical person which has been dissolved is deemed to continue in existence for the purposes of liquidation, until the liquidation is finished.

When a juridical person is dissolved, except in the case of bankruptcy, the managers become liquidators; but this rule does not apply, if in the articles of association or the act of endowment it is otherwise provided, or if a general meeting has appointed other liquidators.

If there are no such persons as ought to be liquidators under the provisions of Art. 74, or if because of a vacancy among the liquidators there is danger of loss, the court on the application of any person interested or of the public procurator or of its own motion may appoint liquidators.

For reasonable cause the court on the application of a person interested or of the public procurator or of its own motion may remove a liquidator.

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The liquidators, except in the case of bankruptcy, must within one week after dissolution register their names and domiciles and the cause and date of dissolution, and in any case must give notice thereof to the competent public authorities.

A liquidator who assumes his position in the course of the liquidation must within one week from such day register his name and domicile and give notice thereof to the competent public authorities.

The functions of the liquidators are as follows:—

1. To wind up all pending business of the juridical person;
2. To collect all obligations existing in its favour and to perform all obligations existing against it;
3. To hand over the remainder of its assets.

The liquidators may do all acts necessary for the performance of their functions as specified in the foregoing paragraph.

The liquidators must within three months after assuming their functions give three public notices to the creditors to present their claims within a fixed period, which must not be less than two months.

Such public notice must contain a statement that, if a creditor does not present his claim within the period fixed, it will be excluded from the liquidation. But liquidators must not exclude any creditor known to them.

The liquidators must send special notices to present their claims to all known creditors.

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If a creditor presents his claim after the expiration of the period fixed, he can enforce it only after all the obligations of the juridical person have been fully satisfied, and only against such assets as have not yet been handed over to the persons entitled to receive them.

If it appears during the liquidation that the assets of the juridical person are not sufficient to satisfy all its obligations, the liquidators must at once apply for an adjudication of bankruptcy and give public notice thereof.

The duties of the liquidators come to an end as soon as they have transferred the affairs of the juridical person to the administrator in bankruptcy.

If in such case payments have already been made to creditors or assets have been handed over to persons entitled to receive them, the administrator in bankruptcy may reclaim them.

The dissolution and liquidation of a juridical person are under the supervision of the court.

The court may at any time of its own motion make any examination necessary for the above mentioned supervision.

The liquidators must give notice to the competent public authorities as soon as the liquidation is finished.

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A manager, a supervisor or a liquidator of a juridical person is liable to a penalty of from five to two hundred yen:—

1. If he omits to make any registration prescribed in this Chapter;
2. If he violates the provisions of Art. 51, or if he makes any false entry in the inventory or the list of members;
3. If in the cases mentioned in Arts. 67 and 82 he obstructs any examination made by the competent public authorities or the court;
4. If he makes false statements to the public authorities or a general meeting, or conceals facts from them;
5. If in violation of the provisions of Arts. 70 and 81 he omits to apply for an adjudication of bankruptcy;
6. If he omits to give any public notice prescribed in Arts. 79 and 81, or if he gives a false public notice.

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Things in the sense of this law are corporeal things.

Land and things fixed to it are immovables.

All other things are movables.

Obligations performable to bearer are deemed to be movables.

If the owner of a thing attaches to it another thing owned by him for permanent use in connection with it, the thing attached becames an accessory.

The accessory thing is subject to all dispositions made of the principal thing.

Products obtained in the ordinary use of a thing are natural fruits.

Money and other things received as consideration for the use of a thing are legal fruits.

Natural fruits belong to the person who has the right to take them at the time when they are severed from the principal thing.

​Legal fruits are apportioned according to the duration in days of the respective rights to receive.

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A juristic act whose intended effect is contrary to the public welfare or good morals is void.

If the parties to a juristic act have expressed an intention differing from a provision of any law or regulation not relating to the public welfare, such intention is to be followed.

If there is a custom differing from a provision of any law or regulation not relating to the public welfare, such custom is to be followed, if it is to be considered that the parties intended to be governed by such custom.

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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.

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.

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.

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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An expression of intention made to a person at a distance takes effect from the time when the communication thereof reaches him.

The validity of an expression of intention is not affected, if the person who made it dies or becomes incapacitated after he has sent the communication.

If the other party is a minor or has been adjudged incompetent at the time when he receives the expression of intention, such expression cannot be set up against him; but this only applies until such time as his legal representative has knowledge thereof.

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An expression of intention made by a representative within the scope of his authority and purporting to be made on behalf of his principal^[6] takes effect directly for and against the latter.

This provision applies correspondingly to an expression of intention made by a third person to a representative.

If a representative makes an expression of intention ​not purporting to be on behalf of another, he is deemed to have made it on his own behalf; but if the other party knows or ought to know that he acted for another person, the provisions of Art. 99. 1 apply.

If the validity of an expression of intention would be affected by any defect in the intention, or by fraud or coercion, or by knowledge or negligent ignorance of any circumstance, such fact is to be taken as it exists with reference to the representative.

If a representative is charged with the doing of a specific juristic act, and does such act according to the directions of the principal, the latter cannot avail himself of the ignorance of his representative in regard to a circumstance which he himself knew, or of which he was ignorant through negligence.

A representative need not be a person of full capacity.

A representative whose authority is not specified, has authority only to do the following acts:—

1. Acts for preservation;
2. Acts for the use or improvement of the things or rights which form the subject of the representation, but without changing their nature.

A representative whose authority is founded upon a mandate may appoint a substitute only with the ​sanction of the principal or in case of unavoidable necessity.

A representative who in the case mentioned in the preceding article appoints a substitute is responsible to the principal for a proper appointment and for supervision.

A representative who appoints a substitute designated by the principal is responsible only in case he knew his unfitness or untrustworthness and omitted to inform the principal thereof or to revoke the substitution.

A legal representative may appoint a substitute, for whom he is responsible; but in case of unavoidable necessity he incurs only the responsibility specified in Art. 105, 1.

A substitute within the scope of his authority represents the principal directly.

A substitute has the same rights and duties as the original representative with regard to the principal and to third persons.

A person cannot in the same juristic act represent the other party or both parties; but this does not apply to the performance of an obligation.

A person who holds out another to a third person as ​his representative is bound by all acts between such other and the third person within the scope of such authority.

If a representative acts in excess of his authority, but the third person had reasonable grounds to believe that it was within his authority, the provisions of the preceding article apply correspondingly.

The right of representation is extinguished:—

1. By the death of the principal;
2. By the death of the representative or his being adjudged incompetent or bankrupt.

The right of representation founded on a mandate is also extinguished by the termination of the mandate.

The extinction of the right of representation cannot be set up against a third person acting in good faith; but this does not apply, if the third person is ignorant of the fact by his own negligence.

If a person without authority of representation makes a contract as representative, such contract has no effect as to the principal, unless he ratifies it.

A ratification or repudiation can only be set up against the other party, if it has been made to ​him; but this does not apply, if the other party knew the facts.

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.

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.

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.

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, ​or if the person acting as representative had not capacity for the act.

The provisions of the foregoing five articles apply to a unilateral juristic act only if the other party consents that the act be done without the person acting as representative having authority as such, or if he does not dispute his authority. The same applies, when a unilateral juristic act is done to a person having no authority with his consent.

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A void juristic act does not become valid by ratification; but if the parties concerned ratify it with knowledge of its invalidity, they are deemed to have done a new act.

A voidable act can be rescinded only by the incapacitated party or the party who has made the defective expression of intention or by a representative or successor of such persons.

A juristic act done by a wife may also be rescinded by her husband.

An act which has been rescinded is deemed to have been void from the beginning; but the incapacitated ​person is bound to make restoration to the extent to which he is still enriched by the act.

If any person specified in Art. 120 ratifies a voidable act, it is deemed to have been valid from the beginning; but the rights of third persons cannot be affected thereby.

If the other party to a voidable act is a determinate person, rescission or ratification of such act must be by an expression of intention made to him.

A ratification is valid only if it is made after the state of facts forming the ground of invalidity has ceased to exist.

When a person adjudged incompetent acquires knowledge of the act after he has recovered his capacity, he can ratify it only after acquiring knowledge.

The provisions of the two foregoing paragraphs do not apply to ratification by a husband or a legal representative.

If after the time when according to the preceding article a voidable act could be ratified, any of the following events takes place in regard to the act, it is deemed to be ratified, unless a reservation is expressed.

1. An entire or part performance;
2. A demand for performance;
3. A novation;^[7] ​
4. The giving of security;
5. An assignment of the rights acquired by the voidable act;
6. A seizure under legal process.

If the right of rescission is not exercised within five years from the time when ratification could have been made, it is extinguished by prescription.

The same applies, if twenty years have elapsed since the act was done.

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An act subject to a condition precedent takes effect, when the condition happens.

An act subject to a condition subsequent ceases to have effect, when the condition happens.

If the parties to the act have expressed an intention that the effect of the happening of a condition shall relate back to a time before its happening, such intention is to govern.

Any party to a juristic act subject to a condition must not, while the condition is pending, do anything by which the benefits which the other party might derive from the happening of the condition will be impaired.

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The rights and duties which the parties have, while the condition is pending, may be dealt with, inherited, protected or secured according to the general provisions of the law.

If the party whose interests would be adversely affected by the happening of the condition intentionally prevents it from happening, the other party may treat it as if it had happened.

When the condition has already happened at the time of the juristic act, the latter is unconditionally valid, if the condition is precedent, and is void, if the condition is subsequent.

When it is certain at the time of doing the juristic act that the condition will not happen, the act is void, if the condition is precedent, and unconditionally valid, if the condition is subsequent.

In the cases mentioned in the foregoing two paragraphs the provisions of Arts. 128 and 129 apply, so long as the parties do not know whether the condition has happened or will not happen.

A juristic act upon an unlawful condition, or conditioned upon the not doing of an unlawful act, is void.

An act upon a condition precedent which is impossible is void.

An act upon a condition subsequent which is impossible is unconditionally valid.

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An act upon a condition precedent which depends entirely upon the will of the debtor is void.

If a time of commencement^[8] is annexed to a juristic act, performance of the act cannot be demanded until such time has arrived.

If a time of ending^[9] is annexed to a juristic act, the effect of the act ceases when such time arrives.

It is presumed that a time for commencement or ending is annexed for the benefit of the debtor.

The benefit of such a time may be waived, but this will not affect any benefit which would accrue therefrom to the other party.

In the following cases the debtor cannot take advantage of a time of commencement or ending:—

1. If he has been adjudged bankrupt;
2. If he has destroyed or diminished the security;
3. If he has not given security when he ought.

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The manner of computing periods of time is ​governed by the provisions of this Chapter, unless it is otherwise provided by law or regulations, by an order of the court or in the juristic act itself.

If the period is measured in hours, it begins to run at once.

If the period is measured in days, weeks, months or years, the first day of the period is not included; but this does not apply, if the period begins between midnight and one o’clock a. m.

In the case mentioned in the preceding article the period ends at the end of the last day.

If the last day of a period is a great festival day or a Sunday or any other holiday, and it is customary not to do business on such day, the period ends on the next day.

If the period is measured in weeks, months or years, it is to be calculated according to the calendar.

If the period is not computed from the beginning of a week, month or year, it ends on the day preceding that day of the last week, month or year which corresponds to that on which it began. If in a period measured in months or years there is no corresponding day in the last month, the last day of such month is the day of ending.

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The effect of prescription relates back to the day from which its period is computed.

If the party concerned does not claim the benefit of prescription, the court cannot make it the ground of its judgment.

The benefit of prescription cannot be waived beforehand.

Prescription is interrupted:—

1. By a demand;
2. By the levy of an execution or attachment or by a judicial order making a provisional disposition;
3. By an acknowledgment.^[10]

The interruption mentioned in the preceding article has effect only as between the parties and their successors in title.

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A demand by an action has no effect to interrupt prescription, if the action fails or is discontinued.

A demand by a judicial summons to pay has no effect to interrupt prescription, if pendency of the proceeding ceases.

A judicial summons for the purpose of an amicable settlement has no effect to interrupt prescription, if the other party does not appear, or no settlement is effected, and no action is brought within one month.

The same applies, if the parties appear voluntarily, but a settlement is not effected.

Participation in bankruptcy proceedings has no effect to interrupt prescription, if the creditor afterwards withdraws from the proceedings, or his claim is disallowed.

A demand of performance has no effect to interrupt prescription, unless within six months legal proceedings are taken to enforce the claim, or a summons for an amicable settlement is issued, or both parties voluntarily appear for that purpose, or the creditor participates in bankruptcy proceedings, or an execution or an attachment is levied, or a provisional order of disposition made.

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The levy of an execution or attachment or a provisional order of disposition has no effect to interrupt prescription, if it is vacated on the application of the person for whom it was granted, or because it was not authorized by the provisions of law.

The levy of an execution or attachment, or a provisional order of disposition not made against the person in whose favour prescription runs, has no effect to interrupt prescription, until he has been notified of it.

In order to make an acknowledgement effectual to itnerrupt prescription, it is not necessary that the maker should have legal capacity or authority in respect to the disposal of the right of the other party.

From the time when the cause of interruption ceases, the interrupted prescription begins again to run.

A prescription interrupted by legal proceedings begins again to run from the time when the judgment becomes finally binding.

Against a minor or a person adjudged incompetent, who within six months before the period of prescription would end is without a legal representative, the prescription is not completed until six months after the time when he acquires legal capacity, or a legal representative has assumed his functions.

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As to obligations existing in favour of an incapacitated person against his father, mother or guardian who has managed his property, prescription is not completed until six months after he has acquired capacity, or a new legal representative has assumed his functions.

As to obligations existing in favour of a wife against her husband prescription is not completed until six months after the dissolution of the marriage.

As against an estate which forms the subject of a succession, prescription is not completed until six months after the time when the heir is ascertained, a manager is appointed, or an adjudication of bankruptcy is made.

If at the time when the prescription would end, an interruption of the prescription is prevented by the operation of natural forces^[11] or by inevitable accident, prescription is not completed until two weeks after the time when such obstacle has ceased to exist.

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A person who during twenty years with the ​intention to be owner has held undisturbed and open possession of a thing belonging to another acquires the ownership of it.

A person who during ten years with the intention to be owner has held undisturbed and open possession of an immovable belonging to another acquires the ownership of it, if he acted at the beginning of his possession in good faith and without fault.

A person who has exercised any sort of property right other than ownership undisturbedly and openly with the intention to have it for himself, acquires such right after twenty or ten years according to the distinction mentioned in the preceding article.

The prescription mentioned in Art. 162 is interrupted, if the possessor voluntarily abandons his possession, or if he is turned out of possession by another.

The provisions of the preceding article apply correspondingly to the case mentioned in Art. 163.

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Extinctive prescription begins to run from the time when the right can first be exercised.

​This provision does not prevent the running of acquisitive prescription, from the time of possession, in favour of a third person who possesses a thing being the subject of a right to which a time of commencement or a condition precedent is annexed; but the person entitled can always demand an acknowledgment by the possessor in order to interrupt the prescription.

An obligation is extinguished, if it is net exercised for ten years.

Property rights other than obligations and ownership are extinguished, if they are not exercised for twenty years.

An obligation whose subject is the payment of money by instalments is extinguished, if it is not exercised for twenty years from the time for the first payment. The same applies, if ten years have elapsed since the time for the last payment.

The creditor to whom such money is due may at any time demand from the debtor a written acknowledgement of the debt, in order to obtain evidence of the interruption of prescription.

If an obligation whose subject is the delivery of money or any other thing within one year or less is not exercised for five years, it is extinguished.

In the following cases obligations are extinguished, if they are not exercised for three years:—

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1. Obligations in favour of physicians, midwives and apothecaries for attendance, services or medicines;
2. Obligations in favour of gishi,^[12] master-carpenters and contractors for their work; but the prescription is computed only from the time when the work is finished.

The responsibility of lawyers, notaries and executive officers of courts as to papers which they have received in their capacity as such, ceases after three years, in the ease of lawyers from the time when the business was finished, in the case of notaries and executive officers from the time when they have performed their duties.

Obligations in favour of lawyers, notaries or executive officers relating to their functions are extinguished, if they are not exercised for two years from the time when the business out of which the obligation arose was finished; but an obligation arising from any particular fact occuring in the course of such business is extinguished after five years, even though such period of two years has not yet elapsed.

In the following cases obligations are extinguished, if they are not exercised for two years:—

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1. The price of products or goods, sold by the producer or a wholesale or retail dealer;
2. Obligations arising from the services of mechanics or workmen employed in manufactures;
3. Obligations in favour of a keeper of a school or boarding school or of a teacher or a master, for instruction, clothing, board or lodging of a pupil or apprentice.

In the following cases obligations are extinguished, if they are not exercised for one year:—

1. Wages of a person hired, if fixed by the month or a shorter time;
2. Wages of a labourer or geinin^[13] and the price of things supplied by them;
3. Freight;
4. Charges for lodging, food and drink or hire of rooms, entrance fees, the price for things consumed and expenditures by the keeper, in an inn, restaurant, hired room^[14] or place of amusement;
5. A charge for the hire of a movable.

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