The Civil Code of Japan/Book 4

​

---

Relatives comprise:—

1. Relatives by blood up to the sixth degree inclusive;
2. Husband and wife;
3. Relatives by affinity up to the third degree inclusive.

The degree of relationship is reckoned by the number of generations from one relative to the other.

The degree of relationship between collateral relatives is reckoned by counting the number of generations from one person or his or her wife or husband up to the common ancestor and then down to the other person.

As between an adopted child and the adopter and ​his blood relatives, the same relationship exists from the day of the adoption as between blood relatives.

Between a stepfather or stepmother and the stepchild, and between the chakubo^[1] and the shoshi,^[2] the same relationship exists as between parent and child.

Relationship by affinity and the relationship mentioned in the foregoing article cease on divorce.

The same applies, if after the death of the husband or wife the survivor quits the house.

The relationship between an adopted child and the adopter and his blood relatives ceases on the dissolution of the adoption.

If the adopter quits the house in which the adoption was made, the relationship between him and his blood relatives of his original family on one side and the adopted child on the other side ceases thereby.

If the husband or wife, a descendant or the husband or wife of a descendant of an adopted child quits the house in which the adoption was made, together with the adopted child, in consequence of the dissolution of the adoption, the relationship between such person and the adopter and his blood-relatives ceases thereby.

​

The provisions of Arts. 729, 2 and 730, 2 do not apply in the case of succession to the principal house, or of the establishment of a branch house or the re-establishment of a house which has been abandoned or extinguished.

---

Members of a house comprise such relatives of the head of the house as are in his house, and the husbands and wives of such relatives.

If the head of the house is changed, the former head and the members of his house are the members of the house of the new head.

A child enters the house of his father.

A child whose father is unknown enters the house of his mother.

A child whose parents are unknown, establishes his own house.

​

If the father quits the house before the child is born, because of divorce or of the dissolution of adoption, the provisions of Art. 733, 1 apply with relation back to the time of the beginning of the pregnancy.

This does not apply in case both parents quit the house, unless the mother returns to such house before the child is born.

A shoshi or a natural child of a member of a house can enter the house only with the consent of its head.

If a shoshi cannot enter the house of his father, he enters that of his mother.

If a natural child does not enter the house of his mother, he establishes his own house.

If a woman who is the head of a house marries a man who at the same time enters her house, the husband becomes the head of such house, unless the parties concerned have expressed a contrary intention at the time of the marriage.

A relative of the head of a house, who is in another house, may with the consent of the head of the former house become a member of such house; but if he is a member of the other house, he must obtain the consent of its head.

If such person is a minor, he must obtain the consent of the parent exercising the parental power or of his guardian.

​

If a person who has entered another house by marriage or adoption desires that a relative, who is not also a relative of his or her wife or husband or of the adopter, should enter that house, he must not only comply with the provisions of the preceding article, but must also obtain the consent of his or her wife or husband, as the case may be, or of the adopter.

The same applies, if a person who has quit a house which he entered by marriage or adoption desires that a descendant of his, who is a member of that house, should become a member of his house.

A person who has entered another house by marriage or adoption goes back to his original house on divorce or on dissolution of the adoption.

A person who under the provisions of the preceding article ought to go back to his original house, but cannot do so because that house has been abandoned or extinguished, establishes a new house; but this does not effect the right to re-establish his original house.

If a person who by marriage or adoption has entered another house desires again to enter another house by marriage or adoption, he must obtain the consent of both the head of the house which he has entered and of the head of his original house.

In such case the head of the house who has not given his consent, may within one year from the time ​of the marriage or adoption forbid him to re-enter his house.

A member of a house who has been excluded from his house establishes a house of his own. The same applies, when a person, who after entering another house is forbidden to re-enter his former house, quits the house which he entered because of divorce or the dissolution of adoption.

A member of a house may with the consent of the head of his house succeed to another house, establish a branch house or re-establish an abandoned or extinct principal house, branch house, or co-ordinate^[4] house or other house of a relative; but a minor must obtain the consent of that parent who is exercising the parental power over him or of his guardian.

The legal expectant heir of a house is not allowed to enter another house or to establish a house of his own, unless a necessity for succession to the principal house arises.

By these provisions the application of Art. 750, 2 is not affected.

If a husband enters another house or establishes a house of his own, his wife follows him and enters his house.

---

​

The head and the members of a house bear the name of the house.

The head of a house is bound to support its members.

Property which a member of a house acquires in his own name is his separate property.

Property as to which it is uncertain whether it belongs to the head of the house or to a member, is presumed to belong to the former.

A member of a house may not choose his residence against the will of the head of the house.

So long as a member, in contravention of this provision, is not at the residence appointed by the head of the house, the head of the house is free from his obligation to support him.

In such case the head may notify the member to remove his residence to the place appointed by him within a reasonable time. If the member does not comply with such notification, the head may exclude him from the house, unless he is a minor.

​

If a member of a house desires to marry or enter into a relation of adoption, he must obtain the consent of the head of his house.

If a member marries or enters into a relation of adoption in contravention of this provision, the head of the house may within one year from the day of the marriage or adoption exclude him from the house or forbid him to re-enter it.

If a member who has adopted another person is excluded from his house under the foregoing provisions, the person adopted follows the adopter and enters his house.

If the head of the house is unable to exercise his right, it is exercised by the family council. But this does not apply, if a person exists who is exercising the parental power over the head of the house, or if the latter has a guardian.

---

The head of a house may resign his headship only under the following conditions:—

1. If he has completed the age of sixty years;
2. If an heir having full capacity accepts unqualifiedly the succession to the house.

​

If the head of a house, because of sickness or because of his succeeding to the principal house or of its re-establishment or because of any other unavoidable necessity, has become unable to continue the administration of the house, he may resign the headship with the consent of the court, notwithstanding the provisions of the preceding article; but if there is no legal expectant heir to the house, he must first appoint a person to be heir of the house and obtain his assent.

If the head of a house desires to enter another house by marriage, he may^{[errata 1]} resign the headship according to the provisions of the preceding article.

If the head of a house desires to enter another house by marriage, without resigning the headship, and the registrar accepts the notification of the marriage, it is deemed that the head has resigned his headship on the day of the marriage.

A woman who is the head of a house can resign without regard to her age.

A married woman who is the head of a house must obtain the consent of her husband to resign. But the husband must not refuse such consent without reasonable cause.

An incapacitated person need not obtain the consent of his guardian to resign the headship of a house.

​

A resignation of the headship of a house takes effect upon its notification to the registrar by the person resigning and the heir.

The relatives of the person resigning or the public procurator may within three months from the day of the notification of the resignation apply to the court for its cancellation, if the resignation is made in contravention of the provisions of Arts. 752 or 753.

If a wife resigns in contravention of the provisions of Art. 755, 2, her husband may apply to the court for the cancellation of the resignation within the above mentioned time.

If the person resigning the headship or his heir was induced by fraud or coërcion to make the notification of the resignation, he may apply to the court within one year from the time when he discovers the fraud or is freed from the coërcion to have the resignation cancelled. But this does not apply, if the person concerned has ratified his act.

So long as the person resigning the headship or his heir has not discovered the fraud or is not freed from the coërcion, his relatives or the public procurator may apply to the court to have the resignation cancelled; but this right ceases, if after such application the person resigning or his heir ratifies the act.

Such right to apply for cancellation also ceases after ten years have elapsed since the application for the registration was made.

​

A person who has become a creditor of the heir to a house before the resignation is cancelled, may demand performance from the person who becomes head of the house in consequence of such cancellation; but without prejudice to his rights against the heir.

If the creditor at the time of acquiring his obligation had notice of the existence of the ground of cancellation, he can demand performance only from the heir. The same applies to those obligations of the heir which he had incurred before his succession to the headship, and also to such obligations as are merely personal to him.

The extinction of the right of the head of the house by resignation or by the marriage of a woman who is the head of the house with a man who enters her house can be set up against a creditor or debtor of the former head only from the time when he has received notice thereof from the former head or from his heir.

A person who has established a new house may abandon such house and enter another house.

A person who has become the head of a house by succession cannot abandon such house, except to succeed to or to re-establish the principal house, or for some other just cause with the permission of the court.

If the head of a house lawfully abandons his house and enters another house, the members of his house also enter the latter.

​

If there is no heir to a house which loses its head, such house is extinguished, and the members establish houses of their own; but a child follows his father and enters his house, or if the father is unknown or is in another house or is dead, the child follows his mother and enters her house.

By the provisions of the preceding paragraph the application of Art. 745 is not affected.

---

A man cannot marry before the completion of his seventeenth year, or a woman before the completion of her fifteenth year.

A person already married cannot contract another marriage.

​

A woman cannot contract another marriage within six months from the dissolution or cancellation of her former marriage.

If the woman was pregnant at the time of the dissolution or cancellation of her former marriage, this provision does not apply after the day of her delivery.

A person who is judicially divorced or sentenced to punishment^{[errata 2]} because of adultery cannot contract a marriage with the other party to the adultery.

Lineal relatives by blood or collateral relatives by blood up to the third degree inclusive cannot intermarry; but this does not apply as between an adopted child and his collateral relatives by adoption.

Lineal relatives by affinity cannot intermarry. This applies even after the relationship by affinity has ceased according to the provisions of Art. 729.

An adopted child, his or her husband or wife, his descendants and the husband or wife of one of his descendants on the one hand and the adopter and his ascendants on the other hand cannot intermarry, even after the relationship has ceased according to the provisions of Art. 730.

For contracting a marriage a child must have the ​consent of his parents being in the same house. This, however, does not apply, if the man has completed his thirtieth year or the woman her twenty fifth year.

If one of the parents is unknown, is dead, has quit the house or is unable ta express his intention, the consent of the other parent is sufficient.

If both parents are unknown, are dead, have quit the house or are unable to express their intention, a minor must obtain the consent of his guardian and of the family council.

If a stepfather, a stepmother or a chakubo does not consent to the marriage of the child, the child may marry on obtaining the consent of the family council.

A person who has been adjudged incompetent need not obtain the consent of his guardian in order to contract a marriage.

A marriage takes effect upon its notification to the registrar.

The notification must be made by the parties concerned and at least two witnesses of full age, either orally or by a signed document.

The registrar must not accept the notification of a marriage, until he has ascertained that the marriage is not in contravention of any of the provisions of Arts. 741, 1, 744, 1, 750, 1, 754, 1, 765–773, ​and 775, 2 or to any other law or regulation. This, however, does not apply, if, the marriage being in contravention of the provisions of Art. 741, 1 or Art. 750, 1, the registrar calls the attention of the parties to it, but they persist in their notification.

If Japanese in a foreign country contract a marriage between themselves, they may make the notification of their marriage to a Japanese minister or consul stationed in such country. In such case the provisions of Arts. 775 and 776 apply correspondingly.

---

A marriage is invalid only in the following cases:—

1. If, because of a mistake as to the person or for any other cause, the intention to contract a marriage between the parties does not exist;
2. If the parties do not make notification of their marriage; but a marriage is valid even though the notification is not in accordance with the conditions specified in Art. 775, 2.

​

A marriage may be cancelled only under the provisions of the following seven articles.

An application to the court for the cancellation of a marriage which is contrary to the provisions of Arts. 765–771 may be made by either party, by the head of the house or the relatives of either party, or by the public procurator. But the right of the public procurator ceases on the death of either of the parties.

The cancellation of a marriage which is contrary to the provisions of Arts. 766–768 may also be applied for by the husband or wife or the former husband or wife of the party concerned.

An application for the cancellation of a marriage which is contrary to the provisions of Art. 765 cannot be made after the husband or wife, who has married before the age prescribed by law, has attained such age.

A person who has married before the age prescribed may himself or herself apply for cancellation within three months from the time when he or she has attained such age, unless he or she has ratified the marriage after attaining such age.

An application for the cancellation of a marriage which is contrary to the provisions of Art. 767 cannot be made, if six months have elapsed since the former marriage was dissolved or cancelled, or if the wife has ​become pregnant after the contracting of the new marriage.

An application for the cancellation of a marriage which is contrary to the provisions of Art. 772 may be made to the court by any person who had a right to consent to the contracting of such marriage. The same applies, when the consent has been obtained by fraud or coërcion.

The right to apply for the cancellation of a marriage provided in the preceding article ceases:—

1. If six months have elapsed since the person who had a right to consent to the contracting of the marriage had notice of the contracting of such marriage or discovered the fraud or was freed from the coërcion;
2. If the person who had a right to consent to the marriage has ratified it;
3. If three years have elapsed since the day when the notification of the marriage was made to the registrar.

A person who by fraud or coërcion has been induced to contract a marriage may apply to the court for its cancellation.

This right ceases after three months from the time when the party concerned discovered the fraud or was freed from the coërcion, or if he has ratified the act.

​

In case of the adoption of a mukoyōshi^[5] each of the parties concerned may apply to the court for cancellation of the marriage on the ground of the invalidity or cancellation of the adoption. But this does not affect the right to make an application for the cancellation of the marriage together with an application to have the adoption declared invalid or cancelled.

The above mentioned right to cancellation is extinguished, if three months have elapsed since the party concerned had knowledge of the invalidity or of the cancellation of the adoption, or if he has renounced the right of cancellation.

The cancellation of a marriage has no retrospective effect.

A party who at the time of contracting the marriage had no knowledge of the cause of cancellation is bound to restore property obtained by the marriage only so far as he is presently enriched thereby.

A party who at the time of contracting the marriage had knowledge of the cause of cancellation is bound to restore all profits obtained by the marriage. He is also liable for damages to the other party, if the latter acted in good faith.

---

​

By marriage the wife enters the house of the husband.

A man who marries a woman who is the head of a house, or a mukoyōshi enters the house of his wife.

A wife is bound to live with her husband.

A husband must permit his wife to live with him.

A husband and wife are bound to support each other.

When the wife is a minor, the husband, if of full age, exercises the functions of a guardian.

A contract made between husband and wife may be cancelled at any time during the marriage by either party, but without prejudice to the rights of third persons.

---

​

If the husband and wife have not, before the notification of the marriage, made any special agreement as to their property, their property relations are governed by the provisions of the next Subsection.

If the husband and wife make an agreement different from the legal arrangement as to property of husband and wife, they must have it registered not later than at the time when the notification of the marriage is made. Otherwise such agreement cannot be set up against the successors of the husband or wife or against third persons.

If foreigners, who have made an agreement different from the legal arrangement as to the property of husband and wife existing in the country of the husband, after contracting the marriage acquire the Japanese nationality or gain a domicile in Japan, they must have such an agreement registered not later than within one year. Otherwise it cannot be set up against ​the successors of the husband or wife or against third persons.

After the notification of the marriage an alteration in the property relations of the husband and wife cannot be made.

If the party who manages the property of the other party endangers it by bad management, such other party may apply to the court for authority to manage it in person.

In connection with such application the other party may also apply for a partition of the common property.

If under the provisions of the preceding article or in consequence of an agreement the manager of the property is changed or the common property is partitioned, such fact must be registered. Otherwise it cannot be set up against the successors of the husband or wife or against third persons.

---

The husband must bear all the expenses arising out ​of the marriage, except that if the wife is the head of the house, such duty rests upon her.

This does not affect the application of the provisions of Art. 790 or of Chapter VIII.

The husband, or the wife if she is the head of the house, has a right toe use the property of the other party according to the established use of it and to take the profits of it.

The husband, or the wife if she is the head of the house, must pay out of the fruits of the property of the other party the interest on such other party’s obligations.

The provisions of Arts. 595 and 598 apply correspondingly in the case of the preceding article.

The husband is the manager of his wife’s property.

If the husband is not able to manage it, she is the manager for herself.

The husband must obtain the consent of his wife in order to contract a loan for her, to alienate her property, to give it as security or to let it for a longer time than that specified in Art. 602. But this does not apply, where he disposes of the fruits for the purposes of the management.

If any necessity appears, the court may on the ​application of the wife require the husband who is managing her property to give proper security for its management and restoration.

In the daily affairs of the household the wife is deemed to represent her husband.

The husband may wholly or partly deprive her of such power, but he cannot set up such deprivation against third persons acting in good faith.

A husband in managing his wife’s property, or a wife in representing her husband, is bound to use the same care as in his or her own affairs.

The provisions of Arts. 654 and 655 apply correspondingly to the husband’s management of his wife’s property or the wife’s representation of her husband.

Such property as a wife or the husband of the head of a house had before the marriage, or acquires during the marriage in his or her own name, is his or her separate property.

Property as to which it is doubtful whether it belongs to the husband or to the wife is presumed to belong to the husband, or to the wife if she is the head of the house.

---

​

The husband and wife may effect a divorce by mutual consent.

A person who has not reached the age of twenty five years, in order to effect a divorce by mutual consent, must obtain the consent of those persons whose consent according to Arts. 772 and 773 would be necessary to his contracting a marriage.

The provisions of Arts. 774 and 775 apply correspondingly to a divorce by mutual consent.

The registrar must not accept the application for the registration of a divorce, until he has ascertained that the divorce is not contrary to the provisions of Arts. 775, 2 and 809, or to other laws or regulations.

If the registrar accepts the application in contravention of the foregoing provisions, the validity of the divorce is not affected thereby.

If a husband and wife have effected a divorce by ​mutual consent, without determining to whom the custody of the children shall belong, it belongs to the father.

If the father in consequence of the divorce quits the house into which he married, the custody of the children belongs to the mother.

The provisions of the preceding two paragraphs do not change any rights and duties of the parents apart from the custody.

---

A husband or a wife, as the case may be, can bring an action for divorce only in the following cases:—

1. If the other party contracts a second marriage;
2. If the wife commits adultery;
3. If the husband is sentenced to punishment for an offence involving criminal carnal intercourse;^[6]
4. If the other party is sentenced to punishment for an offence greater than misdemeanour involving forgery, bribery, sexual immorality, theft, robbery, obtaining property by false pretences, embezzlement of goods deposited, receiving property obtained criminally, or any of the offencess specified in Arts. 175 or 260 of the Criminal Code, or is sentenced to a major imprisonment or more;
5. If one party is so illtreated or grossly insulted by the other that it makes farther living together impracticable;
6. If one party is deserted by the other; ​
7. If one party is illtreated or grossly insulted by an ascendant of the other party;
8. If an ascendant of one party is illtreated or grossly insulted by the other party;
9. If it has been uncertain for three years or more whether the other party was alive or dead;
10. In the case of the adoption of a mukoyōshi, if the adoption is dissolved or in the case of the marriage of an adopted son with a daughter of the house, if the adoption is dissolved or cancelled.

In the cases mentioned under Nos. 1–4 of the preceding article a husband or wife who has consented to the act of the other party cannot bring an action for divorce.

The same applies in the cases mentioned under Nos. 1–7 of the preceding article, if one party has condoned the act of the other or of the other’s ascendant.

A husband or a wife who is sentenced to punishment as specified in Art. 813, No. 4 cannot bring an action for divorce on the ground that the same is the case with the other party.

An action for divorce cannot be brought for one of the causes mentioned in Art. 813, Nos. 1–8 after the lapse of one year from the time when the party entitled to sue had knowledge of the facts forming the cause for divorce. The same applies, if since the happening of such facts ten years have elapsed.

​

An action of divorce for the cause mentioned in Art. 813, No. 9 cannot be brought after it has ceased to be uncertain whether the other party is alive or dead.

If in the case mentioned in Art. 813, No. 10 an application for the dissolution or cancellation of the adoption is made, such application may be joined with an application for divorce.

An action of divorce for the cause mentioned in Art. 813, No. 10 cannot be brought after the expiration of three months from the time when the party concerned had notice of the dissolution or the cancellation of the adoption, or if he has renounced the right to apply for divorce.

The provisions of Art. 812 apply correspondingly to a judicial divorce; but the court may in the interest of the children make different arrangements as to their custody.

---

If a child is conceived by the wife during the ​marriage, it is presumed to be the child of her husband.

If a child is born not less than two hundred days after the contracting of the marriage, or within three hundred days after its dissolution or cancellation, it is presumed to have been conceived during the marriage.

If a woman who has contracted a new marriage in contravention of the provisions of Art. 767 bears a child, and the father of the child cannot be determined by means of the provisions of the preceding article, it is to be determined by the court.

In the case of Art. 820 the husband may contest the legitimacy of the child.

The right of contesting the legitimacy of the child is exercised by an action against the child or its legal representative. If the husband is the legal representative of the child, the court must appoint a special representative.

The husband loses his right to contest the legitimacy of the child, if after its birth he acknowledges it as legitimate.

The husband must bring the action to contest the legitimacy of the child within one year after he has notice of the child’s birth.

​

If the husband is a minor, the period specified in the preceding article is computed from his becoming of age; but this does not apply, if the husband had notice of the birth of the child only after attaining his majority.

If the husband is adjudged incompetent, the period prescribed in the preceding article is computed from the time when after the cancellation of the adjudication the husband had notice of the birth of the child.

---

The father or the mother can acknowledge a natural child.

A natural child acknowledged by the father becomes a shoshi.

Even though the father or the mother is incapacitated, the consent of the legal representative is not required for the acknowledgment of a natural child.

The acknowledgment of a natural child is made by a notification to the registrar.

An acknowledgment may also be declared in a will.

​

The acknowledgment of a natural child who is of full age can be made only with his assent.

A father may also acknowledge a child in the womb. In such case the assent of the mother is necessary.

The acknowledgment of a natural child by the father or mother can be made after the child’s death only if he has left descendants. If the latter are of age, their assent must be obtained.

The effects of an acknowledgment relates back to the time of birth, without prejudice, however, to rights already acquired by third persons.

A parent who has made an acknowledgment cannot revoke it.

The child or any person interested is entitled to allege facts opposed to the acknowledgment.

A child or any of his descendants or the legal representative of any such person can demand acknowledgment from the father or the mother.

By the marriage of his father and mother a shoshi acquires the status of a legitimate child.

​A natural child who has been acknowledged by the parents after they have intermarried acquires the status of a legitimate child from that time.

These provisions apply correspondingly in the case when the child has already died.

---

A person of full age can adopt another person.

A relative in the ascending line^{[errata 3]} or a person older than the adopter cannot be adopted.

If there is a male child who is a legal expectant heir, another male cannot be adopted; but this does not apply to the adoption of a male for the purpose of his marrying a daughter of the house.

A guardian cannot adopt his ward. The same ​applies after the termination of the functions of a guardian so long as the account of the guardianship has not yet been rendered.

These provisions do not apply in the case mentioned in Art. 848.

A husband or wife can enter into a relation of adoption only jointly with the other.

If a husband or wife adopts a child of the other, it is sufficient to obtain the consent of the other.

If in the case of Art. 841, 1 a husband or wife is unable to express his or her intention, the other may enter into the relation of adoption in the name of both.

If the person to be adopted has not yet attained the age of fifteen years, its parents belonging to the same house may act for him in the adoption.

If in such case a stepmother or a chakubo acts for him, the consent of the family council is required.

If a child of full age is to adopt a person or a child of fifteen years or upwards is to be adopted, the consent of the parents belonging to the same house is necessary.

If a person who has entered another house by adoption or marriage desires again to enter another house by ​adoption, he must obtain the consent of his parents belonging to his original house; but this does not apply to a wife who follows her husband and enters another house with him.

The provisions of Art. 772, 2 and 3 apply correspondingly in the case of the preceding three articles.

The provisions of Art. 773 apply correspondingly in the case of the preceding two articles.

The provisions of Arts. 774 and 775 apply correspondingly to adoption.

A person who desires to adopt a child may express his intention by will. In such case the executor of the will, the child to be adopted or any person who according to the provisions of Art. 843 acted for the child in the adoption must immediately after the will has taken effect make notification of the adoption, to the registrar with two witnesses of full age.

Such notification relates back to the time of the death of the adopter.

The registrar must not accept the notification of the adoption, until he has ascertained that it is not contrary to the provisions of Arts. 741, 1, 744, 1 and 750, 1 or of the preceding twelve articles or to other laws or regulations.

The proviso of Art. 776 applies correspondingly.

​

If an adoption is to take place between Japanese subjects in a foreign country, the notification of the adoption may be made to the Japanese minister or a Japanese consul stationed in such country. In such case the provisions of Arts. 775, 848 and 849 apply correspondingly.

---

An adoption is invalid only in the following cases:—

1. If, because of a mistake as to the person or for some other reason, the intention to make an adoption between the parties does not exist;
2. If the parties do not make notification of the adoption to the registrar. But the adoption is valid even though the notification is not in accordance with the conditions specified in Arts. 775, 2 and 848, 1.

An adoption can be cancelled only under the provisions of the following seven articles.

If an adoption is contrary to the provisions of Art. 837, ​the adopter or his legal representative may apply to the court for the cancellation of the adoption; but this right ceases after six months from the time when the adopter comes of age, or if he ratifies the adoption after coming of age.

If the adoption is contrary to the provisions of Art. 838 or 839, any of the parties, the head of any of their houses, any relative, or the public procurator may apply to the court for the cancellation of the adoption.

If the adoption is contrary to the provisions of Art. 840, the adapted child or any of his original relatives may apply to the court for the cancellation of the adoption. This right, however, ceases, if after the account of the guardianship has been rendered the adopted child has ratified the adoption, or six months have elapsed.

A ratification by the adopted child is valid only if made after he has become of age or has recovered his capacity.

If the account of the guardianship is completed before the adopted child becomes of age or recovers his capacity, the period above mentioned is computed from the time when he comes of age or recovers his capacity.

If the adoption is contrary to the provisions of Art. 841, the husband or wife who has not consented to it may apply to the court for its cancellation; but if six months have elapsed since the husband or wife had notice of the adoption, it is deemed to be ratified.

​

If the adoption is contrary to the provisions of Arts. 844–846, any person whose consent was necessary for the adoption may apply to the court for its cancellation. The same applies, if the consent has been obtained by fraud or coërcion.

The provisions of Art. 784 apply correspondingly to the case mentioned in the preceding paragraph.

In the case of the adoption of a mukoyōshi any of the parties concerned may apply to the court for the cancellation of the adoption on the ground of the invalidity or cancellation of the marriage. But this does not affect the right to join the application for the cancellation of the adoption with the application to have the marriage declared invalid or cancelled.

In the foregoing case the right to apply for the cancellation of the adoption ceases after six months from the time when the party concerned had notice of the invalidity or cancellation of the marriage, or if he has renounced his right.

The provisions of Arts. 785 and 787 apply correspondingly to adoption; except that the period limited in Art. 785, 2 shall be six months.

---

​

The adopted child acquires from the day of the adoption the status of a legitimate child of the adopter.

By adoption the child enters the house of the adopter.

---

The parties to an adoption may dissolve it by mutual consent.

If the adopted child has not reached his fifteenth year, the disssolution of adoption is effected by the mutual consent of the adopter and of the persons who would have the right to act in the adoption in the place of the child.

If the adopted child desires the dissolution of the adoption after the death of the adopter, he may dissolve it with the consent of the head of the house.

​

If a party who has not reached the age of twenty five years is to effect a dissolution of adoption by mutual consent, the consent is required of those persons who would have the right of consent to an adoption according to Art. 844.

In such case the provisions of Arts. 772, 2, 3, and 773 apply correspondingly.

The provisions of Arts. 774 and 775 apply correspondingly to a dissolution of adoption by mutual consent.

The registrar must not accept the notification of a dissolution of adoption, until he has ascertained that it is not contrary to the provisions of Arts. 775, 2, 862 and 863 or to other laws or regulations.

If the registrar accepts the notification in contravention of the foregoing provisions, the dissolution of the adoption is nevertheless valid.

Either party to the adoption, as the case may be, can bring an action to dissolve an adoption only in the following cases:—

1. If he is illtreated or grossly insulted by the other party;
2. If he is deserted by the other party;
3. If he is illtreated or grossly insulted by an ascendant of the adopter;
4. If the other party is sentenced to major imprisonment of one year or more; ​
5. If the adopted child commits a serious offence calculated to impair the honour of the house or to damage its property;
6. If the adopted child absents himself and does not return within three years;
7. If it is uncertain during not less than three years whether the adopted child is alive or dead;
8. If the other party illtreats or grossly insults one of the ascendants of the complainant;
9. In the case of the adoption of a mukoyōshi, if a divorce takes place, or in the case of the marriage of an adopted child to a daughter of the house, if a divorce takes place or the marriage is cancelled.

So long as the adopted child is under fifteen years of age, an action to dissolve the adoption can be brought by any person who has a right to act for the child in respect to the adoption.

In that case the provisions of Art. 843, 2 apply corresponding.

In the cases of Art. 866, Nos. 1–6 an action to dissolve the adoption cannot be brought, if the party concerned has condoned the act of the other party or his ascendant.

In the case of Art. 866, No. 4 an action to dissolve the adoption cannot be brought, if one party has consented to the act of the other party.

A party who has himself been sentenced to ​punishment as specified in Art. 866, No. 4 cannot bring an action on the ground that the same is the case with the other party.

An action to dissolve the adoption for the causes mentioned in Art. 866, Nos. 1–5, and 8 cannot be brought after one year from the time when the party entitled to sue had notice of the facts forming the cause of the dissolution. The same applies, if ten years have elapsed since the happening of such facts.

An action to dissolve the adoption for the cause mentioned in Art. 866, No. 6 cannot be brought after one year from the time when the adopter had notice of the return of the adopted child, or after ten years from the time of the return.

An action to dissolve the adoption for the cause mentioned in Art. 866, No. 7 cannot be brought after the uncertainty as to the adopted child’s being alive or dead is removed.

If in the case mentioned in Art. 866, No. 9 an application for divorce or the cancellation of the marriage is made, an application for the dissolution of the adoption may be joined with it.

An action to dissolve the adoption for the cause mentioned in Art. 866, No. 9 cannot be brought after six months from the time when the party concerned had notice of the divorce or the cancellation of the marriage, or if he renounces his right to demand the dissolution of the adoption.

​

An adoption cannot be dissolved after the adopted child has become the head of the house; but this does not apply after he has resigned the headship.

On the dissolution of an adoption, the adopted child re-enters the status which he had in his own house; but without prejudice to rights already acquired by third persons.

If a husband and wife are adopted together, or if one adopted child marries another adopted child of the same person, and in consequence of the dissolution of the adoption the wife is to quit the house, the husband must dissolve either his adoption or the marriage at his option.

---

A child is subject to the parental power of his father belonging to the same house; but this does not apply to a child who is of full age and has an independent livelihood.

If the father is unknown, is dead, has quit the house or is unable to exercise the parental power, it is exercised by the mother belonging to the same house.

​

If a stepfather, a stepmother or a chakubo exercises the parental power, the provisions of the next chapter apply correspondingly.

---

A parent who exercises the parental power has the right and duty to take care of and to educate the minor child.

A minor child must have his residence at the place which the parent exercising the parental power appoints for him; but this does not affect the application of the provisions of Art. 749.

A minor child must have the permission of the parent who exercises the parental power for his application to enter the military service.^[7]

A parent who exercises the parental power may himself punish the child within the limits of necessity, or may place him in a correctional institution with the permission of the court.

The period for which a child may be placed in such an institution is determined by the court, but shall not exceed six months. Such period may at any time be shortened on the application of the parent.

​

A minor child can carry on an occupation only with the permission of the parent exercising the parental power. Such permission may be withdrawn or restricted in the case mentioned in Art. 6, 2.

The parent exercising the parental power has the management of the property of the minor child and represents him in all juristic acts relating to his property; but the consent of the child is necessary whenever an obligation would arise whose subject is an act to be done by the child.

If a minor child has the management of the property of his or her wife or husband, such management is conducted in his place by the parent exercising the parental power.

If a mother exercises the parental power, the consent of the family council is required for doing the following acts herself in the place of the minor child or for consenting to the child’s doing them:—

1. Carrying on business;
2. Contracting a loan or giving security;
3. Any act whose object is the extinction of a right in an immovable or in a valuable movable;
4. Making a compromise or an agreement for arbitration in respect to an immovable or a valuable movable;
5. Refusing a succession;
6. Refusing a gift or a legacy.

​

If the parent exercising the parental power does an act in excess of his authority or consents to an act of the child in contravention of Art. 886, he himself or the child may rescind such act. In that case the provisions of Art. 19 apply correspondingly.

By the foregoing provisions the application of Arts. 121–126 is not affected.

In case of an act as to which the interests of a parent exercising the parental power and of a minor child conflict, the former must apply to the family council to appoint a special representative for the child.

If a parent exercises the parental power over several children, as to an act in which the interests of one of them conflict with those of another; the provisions of the preceding paragraph apply correspondingly for one side.

A parent who exercises the parental power is bound to use the same care in the exercise of his right of management as in his own affairs.

Even though an act is done by a mother with the consent of the family council, she remains responsible for it, unless she is free from fault.

After the child comes of age, the parent exercising the parental power must without delay render an account of his management. In such case, however, the expenses of the bringing up of the child and of the management of his property are deemed to be set off against the profits of the property of the child.

​

The proviso of the preceding article does not apply to property which a third person has given to the child gratuitously with the expression of a contrary intention.

If a third person has given property to a child gratuitously, expressing an intention that the parent exercising the parental power shall not manage it, such property does not fall under the parental management.

If in such case the third person has not designated a manager, a manager must be appointed by the court on the application of the child, of one of his relatives, or of the public procurator.

The same applies, if the powers of a manager designated by the third person cease, or a change of such manager becomes necessary, and the third person does not designate another manager.

In the case of the preceding two paragraphs the provisions of Arts. 27–29 apply correspondingly.

In case of the management of the child’s property by a parent, and in the case mentioned in the preceding article, the provisions of Arts. 654 and 655 apply correspondingly.

Obligations arising between the parent who has exercised the parental power or a member of the family council and a child, from the management of the latter’s property, are extinguished by prescription after five years from the time when the power of management ceased.

​If the power of management ceases while the child is under age, the period above mentioned is computed from the time when the child comes of age or when a new legal representative has assumed his functions.

The parent exercising the parental power exercises the right of the head of a house or the parental power in place of the minor child.

---

If a parent abuses the parental power or gives himself up to a grossly evil life, the court may on the application of a relative of the child or of the public procurator decree that the parental power be extinguished.

If the parent exercising the parental power endangers the property of the child by bad management, the court may on the application of a relative of the child or of the public procurator decree that his right of management be extinguished.

If the court makes such a decree against the father, the mother belonging to the same house is to exercise the right of management.

​

If the causes mentioned in the preceding two articles cease to exist, the court may on the application of the person concerned or of one of his relatives cancel its decree of extinguishment.

If the mother exercises the parental power, she may renounce the management of the property.

---

A case for guardianship arises:—

1. When there is nobody who exercises parental power over a minor, or when the person exercising the parental power has not the right of management;
2. When a person of full age has been adjudged incompetent.

---

​

The person who last exercises the parental power over a minor may designate a guardian by will, unless he has not the right of management.

If during the life of the father who exercises the parental power, the mother has renounced the management of the child’s property beforehand, the father may designate a guardian in accordance with the provisions of the preceding paragraph.

The parent exercising the parental power becomes the guardian of a person adjudged incompetent.

If a wife is adjudged incompetent, her husband becomes her guardian. If her husband does not become guardian, the provisions of the foregoing paragraph govern.

If a husband is adjudged incompetent, his wife becomes his guardian. If the wife does not become guardian, or if the husband is a minor, the provisions of the first paragraph govern.

​

If there is no guardian for a member of a house according to the provisions of the preceding two articles, the head of the house becomes guardian.

If there is no guardian according to the provisions of the preceding three articles, a guardian is appointed by the family council.

If it becomes necessary to appoint a guardian, because the mother renounces the management of the property, or the guardian renounces his position or the person exercising the parental power quits the house or the head of the house resigns the headship, the parent or the guardian must without delay convene the family council or apply to the court to convene it.

There cannot be more than one guardian.

Except in the case of women, a guardian may decline to assume the guardianship only for one of the following causes:—

1. If he is in active military service.^[8]
2. If he is a public official stationed outside of the shi^[9] or gun^[10] where the ward has his domicile; ​
3. If in the case of a person who ought to be guardian in preference to him one of the causes specified in this and the following article had existed but has ceased to exist;
4. In the case of a guardianship of a person adjudged incompetent, if he has been the guardian of such person for ten years or more; but this does not apply to a husband or wife, a lineal relative or the head of the house;
5. If any other sufficient cause exists.

The following persons cannot be guardians:—

1. A minor;
2. A person adjudged incompetent or quasi-incompetent;
3. A person who has been deprived of public rights perpetually or for a time;
4. A legal representative or a curator who has been removed by the court;
5. A person who has been adjudged bankrupt;
6. A person who is carrying on or has had a lawsuit against the ward, or the husband or wife or any lineal blood relative of such person;
7. A person whose whereabouts is unknown;
8. A person whom the court has ascertained to be unfit for the functions of a guardian, to have committed dishonest acts or to be addicted to a grossly evil life.

The provisions of the preceding seven articles apply correspondingly to a curator.

​As to an act in which the interests of the curator or of a person whom he represents and of the person under curatorship conflict, the curator must apply to the family council to appoint a special curator.

---

A person who may designate a guardian may also designate by will a supervisor.

If no supervisor is designated under the provisions of the preceding article, the legal or the designated guardian must, before he enters upon the duties of the guardianship, apply to the court to convene a family council for the purpose of appointing a supervisor. If he acts in contravention of these provisions, the family council may remove him.

If a family council appoints a guardian, it must at once also appoint a supervisor.

If after a guardian has entered upon his duties the position of supervisor becomes vacant, the guardian must without delay have the family council convened ​and a supervisor appointed. In such case the provisions of Art. 11, 1 apply correspondingly.

If the guardian is changed, the family council must also elect a new supervisor; but the former supervisor may be re-elected.

If the new guardian was not appointed by the family council, the supervisor must immediately have the family council convened and a new election made in accordance with the provisions of the foregoing paragraph. If he omits to do so, he is responsible jointly and severally for the acts of the guardian.

A husband or wife, a lineal blood relative or a brother or sister of the guardian cannot be supervisor.

The duties of a supervisor are as follows:—

1. To supervise the guardian in the performance of his functions;
2. In case of a vacancy in the guardianship, to call upon the person next in order to enter upon the duties of the guardianship, or if there is no such person, to have the family council convened and a guardian appointed;
3. To take necessary steps in case of any emergency;
4. To represent the ward as to acts where the interests of the guardian or of a person represented by him and of the ward conflict.

​

The provisions of Arts. 644, 907 and 908 apply correspondingly to supervisors.

---

The guardian must without delay commence an examination as to the property of the ward and must within one month, finish it and make an inventory. Such period may, however, be extended by the family council.

The aforesaid examination and making of the inventory has no effect, unless done in the presence of the supervisor.

If the guardian omits to make an inventory according to the provisions of the preceding two paragraphs, the family council may remove him.

Before the completion of the inventory the guardian can only do acts of urgent necessity; but this restriction cannot be set up against third persons acting in good faith.

If an obligation exists in favour of the guardian ​against the ward or in favour of the ward against the guardian, the latter must give notice thereof to the supervisor before commencing the examination of the property.

If the guardian knows that an obligation exists in his favour against the ward, and does not give notice thereof, he loses such obligation.

If the guardian knows that an obligation exists against him in favour of the ward, and does not give notice thereof, the family council may remove him.

The provisions of the three preceding articles apply correspondingly, if the ward after the guardian has entered upon his duties acquires property by universal succession.

The guardian of a minor has as to the matters mentioned in Arts. 879–883 and Art. 885 the same rights and duties as a parent exercising the parental power; but he must have the consent of the family council to change the manner of the bringing up of the ward or of his residence as established by the parent exercising the parental power, or to place the minor in a correctional institution, or to permit him to carry on business or to revoke or restrict such permission.

The guardian of a person adjudged incompetent must provide for the care, support and custody of the ward according to the ward’s pecuniary condition.

The guardian must determine with the consent of the family council whether a person adjudged incompetent shall be placed in an asylum or kept in a private house.

​

The guardian manages the property of the ward and represents him in all juristic acts relating to it.

The proviso of Art. 884 applies correspondingly to the foregoing case.

The guardian must immediately on his entering upon his duties determine provisionally with the consent of the family council the amount which shall be spent each year for the support and education or for the attendance and care of the ward, and for the management of his property.

The amount so fixed can be changed only with the consent of the family council; but this shall not prevent the expenditure of a larger amount in case of necessity.

The family council may allow to the guardian a reasonable compensation out of the property of the ward, taking into consideration his pecuniary condition and that of the ward and other circumstances. But this does not apply, if the guardian is the husband or wife, a lineal blood relative^{[errata 4]} or the head of the house of the ward.

The guardian may with the consent of the family council employ a paid manager of the ward’s property; but this does not affect the application of Art. 106.

The family council may determine at the time of the ​guardian’s entering upon his duties an amount, upon reaching which the guardian must deposit all money received by him for the ward.

If the guardian does not within a reasonable time deposit money received by him, although it has reached the amount determined by the family council, he must pay legal interest upon it.

The place of deposit of the money must be determined by the guardian with the consent of the family council.

A designated or appointed guardian must make a report to the family council at least once a year as to the condition of the ward’s property.

A guardian must have the consent of the family council to carry on business or to do any of the acts specified in Art. 12, 1 in the place of the ward or to consent to the ward’s doing so; but this does not apply to the receiving of capital.

If a guardian has acquired property of the ward or a right of a third person against the ward, the latter may rescind such acquisition. In such case the provisions of Art. 19 apply correspondingly.

The preceding provisions do not affect the application of the provisions of Arts. 121–126.

A guardian can hire property of the ward only with the consent of the family council.

​

If the guardian does not perform his duties, the family council may appoint a special manager and cause him to manage the ward’s property on the guardian’s responsibility.

The family council may require the guardian to give proper security for the management and restoration of the ward’s property.

If the ward is the head of a house, the guardian exercises the functions of the head of the house in his place; but he must have the consent of the family council to expel a member of the house or to forbid his return, or to consent to the establishment of a branch house or the re-establishment of an abandoned or extinct house by a member of the house.

The guardian exercises the paternal power of a minor in his place. In that case the provisions of Arts. 917–921 and of the preceding ten articles apply correspondingly.

When guardianship arises because the parent exercising the parental power has not the right of management of the property, the guardian has only such powers as relate to the property.

The provisions of Arts. 644, 887, 889, 2 and 892 apply correspondingly to guardians.

---

​

When the functions of a guardian cease, the guardian or his heir must within two months render an account of his management. Such time, however, may be extended by the family council.

The account of the guardianship must be made up in the presence of the supervisor.

If the guardian is changed, the approval of the family council must be obtained to the account of the guardianship.

If a minor after coming of age and before the completion of the guardian’s account makes any contract with the guardian or his heir, he may rescind it. The same applies to a unilateral juristic act, which he does toward the guardian or his heir.

In such case the provisions of Arts. 19 and 121–126 apply correspondingly.

A guardian is liable for interest upon any amount which he is bound to pay over to the ward, and the ward for interest upon any amount which he is bound to pay to the guardian, from the time of the completion of the account.

​If the guardian has spent the ward’s money for his own benefit, he must pay interest from the time of such spending. If the damage exceeds such interest, he is liable for such damage.

The provisions of Arts. 654 and 655 apply correspondingly to a guardian.

The prescription mentioned in Art. 894 applies correspondingly to all obligations arising out of the guardianship between the guardian, the supervisor or a member of the family council and the ward.

In case a juristic act has been rescinded according to the provisions of Art. 939, the period of prescription is computed from the time of rescission.

The provisions of Art. 942, 1 apply correspondingly as between a curator and a person adjudged quasi-incompetent.

---

When according to this law or any other law or ​regulation a family council is to be held, the court must convene it on the application of the person whose concern the subject to be discussed is, of the head of his house, of a relative, of the guardian, the supervisor or curator, of the public procurator or of any person interested.

The family council must consist of at least three persons, appointed by the court from among the relatives of the person concerned or else from among persons connected with him or with his house.

A person who can designate a guardian is also entitled to appoint by will the members of the family council.

If a person resides at a distant place, or if some other just cause exists, he may refuse to be a member of the family council.

The guardian, supervisor or curator cannot be a member of the family council.

The provisions of Art. 908 apply correspondingly to members of the family council.

A resolution of the family council is passed by a majority of the members.

A member who is himself interested in a matter cannot vote on such matter.

The person whose concern the matter under ​discussion is, the head of his house, his parents belonging to the house, his or her wife or husband, the head of the principal house or of a branch house, or his guardian, supervisor or curator may express his opinion in the family council.

If a family council is to be convened, notice thereof must be given to all the persons above mentioned.

A family council established for an incapacitated person remains in existence until his incapacity ceases. With the exception of the first convening, this family council may be convened by the person concerned, his legal representative, the supervisor, the curator or by any one of the members of the family council.

If there is a vacancy in the family council, the members must apply to the court to appoint a person to fill the vacancy.

Any member of the family council or any of the persons mentioned in Art. 944 may within one month by means of an action complain against a resolution of the family council.

If the family council is unable to pass a resolution, any of its members may apply to the court to make a judicial decree in place of the resolution.

​

The provisions of Art. 644 apply correspondingly to the members of a family council.

---

Lineal blood relatives and brothers and sisters are bound to support each other.

The same applies as between a husband or wife and the ascendants of the other party belonging to the same house.

If there are several persons bound to furnish support, the duty rests upon them in the following order:—

1. Husband or wife;
2. Descendants;
3. Ascendants;
4. The head of the house;
5. The persons specified in Art. 954, 2;
6. Brothers and sisters.

As among ascendants or as among descendants, the person nearest in degree is first bound to furnish support. The same applies as among the ascendants mentioned in Art. 954, 2.

​

If several persons of the same degree are bound to furnish support, the burden is apportioned among them according to their respective pecuniary abilities; but as between those belonging to the house and those not belonging to it, the former are in the first instance bound to furnish support.

If there are several persons entitled to support, and the person bound to furnish it is not able to support them all, he must support them in the following order:—

1. Ascendants;
2. Descendants;
3. Husband or wife;
4. The persons specified in Art. 954, 2;
5. Brothers and sisters;
6. Members of the house, not included in the foregoing classes.

In this case the provisions of Art. 955, 2 apply correspondingly.

If there are several persons of the same degree entitled to support, each is entitled to receive support according to his needs.

In this case the proviso of Art. 956 applies correspondingly.

The duty to furnish support arises only when the person to be supported is unable to provide for himself ​out of his own property or by his own labour, or to pay for his education out of his own property.

As between brothers and sisters the duty to furnish support arises only if the necessity for support has not been occasioned by the fault of the person to be supported.

The extent of the duty of support is determined by the needs of the person to be supported and by the condition in life and the pecuniary condition of the person bound to furnish support.

A person bound to furnish support must at his option either take the person to be supported into his own house and care for him or, without taking him into his house, furnish him with the means of living. But on application of the person to be supported, the court may, if a just cause exists, determine the manner of furnishing the support.

If the extent or manner of the support has been determined by a judgment, and the facts upon which such judgment was based change, any person interested may apply for an alteration or cancellation of the judgment.

A disposal of the right of support is invalid.

---