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Book1 Chapter04 Title05

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Main Page

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明治29年法律第89号

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= 民法第一編第二編第三編 =

== 第一編　総則 ==

=== 第一章　人 ===

==== [[1編01章01節|第一節　私権ノ享有]] ====

* 第1条〜第2条

==== [[1編01章02節|第二節　能力]] ====

* 第3条〜第20条

==== [[1編01章03節|第三節　住所]] ====

* 第21条〜第24条

==== [[1編01章04節|第四節　失踪]] ====

* 第25条〜第32条

=== 第二章　法人 ===

==== [[1編02章01節|第一節　法人ノ設立]] ====

* 第33条〜第51条

==== [[1編02章02節|第二節　法人ノ管理]] ====

* 第52条〜第67条

==== [[1編02章03節|第三節　法人ノ解散]] ====

* 第68条〜第83条

==== [[1編02章04節|第四節　罰則]] ====

* 第84条

=== [[1編03章|第三章　物]] ===

* 第85條〜第89條

=== 第四章　法律行為 ===

==== [[1編04章01節|第一節　総則]] ====

* 第90条〜第92条

==== [[1編04章02節|第二節　意思表示]] ====

* 第93条〜第98条

==== [[1編04章03節|第三節　代理]] ====

* 第99条〜第118条

==== [[1編04章04節|第四節　無効及匕取消]] ====

* 第119条〜第126条

==== [[1編04章05節|第五節　条件及匕期限]] ====

* 第127条〜第137条

=== [[1編05章|第五章　期間]] ===

* 第138条〜第143条

=== 第六章　時効 ===

==== [[1編06章01節|第一節　総則]] ====

* 第144条〜第161条

==== [[1編06章02節|第二節　取得時効]] ====

* 第162条〜第165条

==== [[1編06章03節|第三節　消滅時効]] ====

* 第166条〜第174条

== 第二編　物権 ==

=== [[2編01章|第一章　総則]] ===
*第175条〜第179条

=== 第二章　占有権 ===

==== [[2編02章01節|第一節　占有権ノ取得]] ====
*第180条〜第187条

==== [[2編02章02節|第二節　占有権ノ効力]] ====
*第188条〜第202条

==== [[2編02章03節|第三節　占有権ノ消滅]] ====
*第203条〜第204条

==== [[2編02章04節|第四節　準占有]] ====
*第205条

=== 第三章　所有権 ===

==== [[2編03章01節|第一節　所有権の限界]] ====
*第206条〜第238条

==== [[2編03章02節|第二節　所有権の取得]] ====
*第239条〜第248条

==== [[2編03章03節|第三節　共有]] ====
*第249条〜第264条

=== [[2編04章|第四章　地上権]] ===
*第265条〜第269条

=== [[2編05章|第五章　永小作権]] ===
*第270条〜第279条

=== [[2編06章|第六章　地役権]] ===
*第280条〜第294条

=== [[2編07章|第七章　留置権]] ===
*第295条〜第302条

=== 第八章　先取特権 ===

==== [[2編08章01節|第一節　総則]] ====
*第303条〜第305条

==== 第二節　先取特権ノ種類 ====

===== [[2編08章02節01款|第一款　一般ノ先取特権]] =====
*第306条〜第310条

===== [[2編08章02節02款|第二款　動産ノ先取特権]] =====
*第311条〜第324条

===== [[2編08章02節03款|第三款　不動産ノ先取特権]] =====
*第325条〜第328条

==== [[2編08章03節|第三節　先取特権ノ順位]] ====
*第329条〜第332条

==== [[2編08章04節|第四節　先取特権ノ効力]] ====
*第333条〜第341条

=== 第九章　質権 ===

==== [[2編09章01節|第一節　総則]] ====
*第342条〜第351条

==== [[2編09章02節|第二節　動産質]] ====
*第352条〜第355条

==== [[2編09章03節|第三節　不動産質]] ====
*第356条〜第361条

==== [[2編09章04節|第四節　権利質]] ====
*第362条〜第368条

=== 第十章　抵当権 ===

==== [[2編10章01節|第一節　総則]] ====
*第369条〜第372条

==== [[2編10章02節|第二節　抵当権ノ効力]] ====
*第373条〜第395条

==== [[2編10章03節|第三節　抵当権ノ消滅]] ====
*第396条〜第398条

== 第三編　債権 ==

=== 第一章　総則 ===

==== [[3編01章01節|第一節　債権ノ目的]] ====
*第399条〜第411条

==== [[3編01章02節|第二節　債権ノ効力]] ====
*第412条〜第426条

==== 第三節　多数当事者ノ債権 ====

===== [[3編01章03節01款|第一款　総則]] =====
*第427条

===== [[3編01章03節02款|第二款　不可分債務]] =====
*第428条〜第431条

===== [[3編01章03節03款|第三款　連帯債務]] =====
*第432条〜第445条

===== [[3編01章03節04款|第四款　保証債務]] =====
*第446条〜第465条

==== [[3編01章04節|第四節　債権ノ譲渡]] ====
*第466条〜第473条

==== 第五節　債権ノ消滅 ====

===== [[3編01章05節01款|第一款　弁済]] =====
*第474条〜第504条

===== [[3編01章05節02款|第二款　相殺]] =====
*第505条〜第512条

===== [[3編01章05節03款|第三款　更改]] =====
*第513条〜第518条

===== [[3編01章05節04款|第四款　免除]] =====
*第519条

===== [[3編01章05節05款|第五款　混同]] =====
*第520条

=== 第二章　契約 ===

==== 第一節　総則 ====

===== [[3編02章01節01款|第一款　契約ノ成立]] =====
*第521条〜第522条

===== [[3編02章01節02款|第二款　契約ノ効力]] =====
*第523条〜第539条

===== [[3編02章01節03款|第三款　契約ノ解除]] =====
*第540条〜第548条

==== 第二節　贈与 ====
*第549条〜第554条

==== 第三節　売買 ====

===== 第一款　総則 =====
*第555条〜第559条

===== 第二款　売買ノ効力 =====
*第560条〜第578条

===== 第三款　買戻 =====
*第579条〜第585条

==== 第四節　交換 ====
*第586条

==== 第五節　消費貸借 ====
*第587条〜第592条

==== 第六節　使用貸借 ====
*第593条〜第600条

==== 第七節　賃貸借 ====

===== 第一款　総則 =====
*第601条〜第604条

===== 第二款　賃貸借ノ効力 =====
*第605条〜第616条

===== 第三款　賃貸借ノ終了 =====
*第617条〜第622条

==== 第八節　雇用 ====
*第623条〜第631条

==== 第九節　請負 ====
*第632条〜第642条

==== 第十節　委任 ====
*第643条〜第656条

==== 第十一節　寄託 ====
*第657条〜第666条

==== 第十二節　組合 ====
*第667条〜第688条

==== 第十三節　終身定期金 ====
*第689条〜第694条

==== 第十四節　和解 ====
*第695条〜第696条

=== [[3編03章|第三章　事務管理]] ===
*第697条〜第702条

=== [[3編04章|第四章　不当利得]] ===
*第703条〜第708条

=== [[3編05章|第五章　不法行為]] ===
*第709条〜第724条

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Book3 Chapter05

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Book3 Chapter04

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Book3 Chapter03

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Book3 Chapter02 Title01 Part03

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Book3 Chapter02 Title01 Part02

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Book3 Chapter02 Title01 Part01

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Book3 Chapter01 Title05 Part05

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Book3 Chapter01 Title05 Part04

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Book3 Chapter01 Title05 Part03

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Book3 Chapter01 Title05 Part02

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Book3 Chapter01 Title05 Part01

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= JAPANESE CIVIL CODE OF 1896 =
* '''''Based on the English Translation by:''''' ''J. E. de Becker (1909 – 1910).'' Annotated Civil Code of Japan. London: Butterworth & Co. [Available on Google Books and Archive.org: [https://books.google.co.th/books?id=IJ89AQAAIAAJ&printsec=frontcover&hl=th&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false Volume 1], [https://books.google.co.th/books?id=-5hBAAAAYAAJ&printsec=frontcover&hl=th&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false Volume 2], [https://www.google.co.th/books/edition/Annotated_Civil_Code_of_Japan/7_oqAQAAMAAJ?hl=th&gbpv=0 Volume 3], [https://www.google.co.th/books/edition/Annotated_Civil_Code_of_Japan/3_8qAQAAMAAJ?hl=th&gbpv=0 Volume 4]]
* '''''"INDEX TO ARTICLES'''''" in his another work offers additional information: ''J. E. de Becker (1921).'' The Principles and Practice of Civil Code of Japan. London: Butterworth & Co. [Available on [https://archive.org/details/cu31924025036025/mode/2up Archive.org]]

* [[明治29年法律第89号|Original Version in Japanese.]]

== BOOK III. OBLIGATIONS (or CLAIMS). ==

=== Chapter I. General Provisions. ===

==== Title V. Extinction of Obligations. ====

===== Part I. Performance. =====

====== '''[[3編01章05節01款#第474条|Article 474.]]''' ======
* [I] An obligation may be discharged by a third person except when the nature of the obligation does not permit, or when the parties concerned have expressed a contrary intention.
* [II] A third person who is not interested (in the obligation) may not make performance against the will of the debtor.
'''《References by de Becker》'''
* (In reference vide Arts. 267, 268 (1) and Art. 1142 of the German Civil Code.)

====== '''[[3編01章05節01款#第475条|Article 475.]]''' ======
* When the person performing has delivered a thing belonging to another person he cannot recover it unless he makes another valid performance.
'''《References by de Becker》'''
* (In reference vide Arts. 95 and 477.)

====== '''[[3編01章05節01款#第476条|Article 476.]]''' ======
* In case an owner who has no capacity to assign has delivered a thing by way of performance, if the performance is cancelled he cannot recover such thing unless he makes another valid performance.
'''《References by de Becker》'''
* (In reference vide Arts. 4, 9, 12, 14, and 477.)

====== '''[[3編01章05節01款#第477条|Article 477.]]''' ======
* In the case of the preceding two Articles, if the creditor has, in good faith, consumed or assigned the thing received by way of performance, such performance is valid; but this does not prevent the creditor from demanding reimbursement against the person performing if he has received a demand for compensation for damage from a third person.
'''《References by de Becker》'''
* (In reference vide Arts. 475 and 476.)

====== '''[[3編01章05節01款#第478条|Article 478.]]''' ======
* The performance made to a quasi-possessor of an obligation is not valid except the person performing has acted in good faith.
'''《References by de Becker》'''
* (In reference vide Arts. 205 and 479.)

====== '''[[3編01章05節01款#第479条|Article 479.]]''' ======
* Performance made to a person who has no authority to receive the same is valid to the extent to which the creditor is enriched thereby, except in the case contemplated in the preceding Article.
'''《References by de Becker》'''
* (In reference vide Arts. 113-117 and Art. 478; also Art. 362 (2) of the German Civil Code.)

====== '''[[3編01章05節01款#第480条|Article 480.]]''' ======
* The bearer of a receipt is deemed to be authorized to receive performance, except when the person performing knew, or did not know through his own negligence, that the bearer was not so authorized.
'''《References by de Becker》'''
* (In reference vide Art. 479; also Art. 370 of the German Civil Code.)

====== '''[[3編01章05節01款#第481条|Article 481.]]''' ======
* [I] When a third debtor (garnishee) who has been ordered by a Court to refrain from making payment, has made the same to his own creditor, the seizing creditor may, in so far as he has sustained damage, demand another performance from the third debtor.
* [II] The provisions of the preceding Paragraph do not prevent the garnishee from exercising the claim for reimbursement against his own creditor.
'''《References by de Becker》'''
* (In reference vide Arts. 423, 703 and 709; also the Code of Civil Procedure.)

====== '''[[3編01章05節01款#第482条|Article 482.]]''' ======
* When the debtor, with the consent of his creditor, has made a prestation other than and in lieu of that which is due, such prestation has the same effect as performance.
'''《References by de Becker》'''
* (In reference vide Art. 364 of the German Civil Code.)

====== '''[[3編01章05節01款#第483条|Article 483.]]''' ======
* When the subject of an obligation is the delivery of a specific thing, the person performing must deliver such thing in the condition in which it is actually found at the time when delivery is due.
'''《References by de Becker》'''
* (none)

====== '''[[3編01章05節01款#第484条|Article 484.]]''' ======
* When there is no special expression of intention as to the place where performance is to be made, the delivery of a specific thing must be made at the place where the thing was when the obligation came into existence and, in other cases, at the creditor's present domicile.
'''《References by de Becker》'''
* (In reference vide Arts. 269 and 270 of the German Civil Code.)

====== '''[[3編01章05節01款#第485条|Article 485.]]''' ======
* When there is no special expression of intention with regard to the expenses of performance, the debtor shall bear the expenses; but if the creditor has increased the expenses of performance by a removal of his domicile or other acts, the additional cost shall be borne by the creditor.
'''《References by de Becker》'''
* (In reference vide German Civil Code, Arts. 270 (3) and 304.)

====== '''[[3編01章05節01款#第486条|Article 486.]]''' ======
* The person performing can demand the delivery of a receipt from the receiver of the performance.
'''《References by de Becker》'''
* (In reference vide German Civil Code, Art. 368.)

====== '''[[3編01章05節01款#第487条|Article 487.]]''' ======
* In case there is a document establishing the obligation, the person performing can demand the return of the same when he has performed in full.
'''《References by de Becker》'''
* (In reference vide German Civil Code, Art. 371.)

====== '''[[3編01章05節01款#第488条|Article 488.]]''' ======
* [I] In case the debtor is bound towards the same creditor in respect to several obligations with subjects of an identical nature, if the prestation tendered by way of performance is insufficient to extinguish all the obligations, the person tendering the prestation may, at the time of tendering, designate the obligation (or obligations) to which such prestation is to be imputed (appropriated).
* [II] If the person making performance does not make the designation of the preceding Paragraph, the receiver may, at the time of receipt, make imputation (appropriation) of the performance, except when the person performing has immediately objected to such proposed imputation.
* [III] In the case of the preceding two Paragraphs, the imputation of the performance is effected by an expression of intention made to the other party.
'''《References by de Becker》'''
* (In reference vide German Civil Code, Art. 366.)

====== '''[[3編01章05節01款#第489条|Article 489.]]''' ======
* When the parties concerned have not made imputation of a performance, it is imputed in accordance with the following provisions: -
* (1) When among all the obligations there are some which are due and others which are not due, those which are due are preferred;
* (2) When all the obligations are or are not due, those whose payment is most beneficial for the debtor are preferred;
* (3) When the benefit of payment is equal for the debtor, those which have become due or will be due earliest are preferred;
* (4) When obligations are the same with regard to the matters mentioned in the preceding two numbers, performance is imputed in proportion to the amount of each obligation.
'''《References by de Becker》'''
* (In reference vide German Civil Code, Art. 366 (2).)

====== '''[[3編01章05節01款#第490条|Article 490.]]''' ======
* In case several prestations are to be made for the payment of one obligation, if a prestation made by the person performing is not sufficient to extinguish the whole of such obligation, the provisions of the preceding two Articles apply correspondingly.
'''《References by de Becker》'''
* (none)

====== '''[[3編01章05節01款#第491条|Article 491.]]''' ======
* [I] When the debtor, in respect to one or several obligations, is bound to pay interest and expenses in addition to the principal, if a prestation made by the person performing is insufficient to extinguish the whole obligation, it is imputed in successive order to the expenses, the interest, and the principal.
* [II] The provisions of Art. 489 apply correspondingly to the case of the preceding Paragraph.
'''《References by de Becker》'''
* (In reference vide Arts. 488 and 489; also Art. 367 of the German Civil Code.)

====== '''[[3編01章05節01款#第492条|Article 492.]]''' ======
* A tender of performance frees the debtor from the moment of the tender from all the responsibilities of non-performance.
'''《References by de Becker》'''
* (In reference vide Art. 413; also Arts. 300, 301 and 302 of the German Civil Code.)

====== '''[[3編01章05節01款#第493条|Article 493.]]''' ======
* Tender of performance must be actually made in accordance with the intent and purpose of the obligation; but if the creditor has refused to receive the same beforehand, or when an act of the creditor is necessary for the performance of the obligation, it is sufficient if he is notified that preparation for performance has been made and called upon to receive same.
'''《References by de Becker》'''
* (In reference vide German Civil Code, Arts. 294 and 295.)

====== '''[[3編01章05節01款#第494条|Article 494.]]''' ======
* When the creditor refuses to or cannot accept performance, the person performing can free himself from the obligation by depositing for the benefit of the creditor the thing which is the subject of performance. The same applies when the person performing cannot, without any fault on his part, ascertain who the creditor is.
'''《References by de Becker》'''
* (In reference vide Arts. 413, 492 and 498; Law of Deposit (Imperial Ordinance, July 1892); and Rules for Handling Things Deposited (Financial Department Ordinance, February 1892); also Arts. 372 and 378 of the German Civil Code.)

====== '''[[3編01章05節01款#第495条|Article 495.]]''' ======
* [I] Deposit must be made at the deposit office of the place where performance of the obligation is to be effected.
* [II] In case there are no special provisions in laws and ordinances with regard to deposit offices, the Court must, upon the demand of the person performing, designate the deposit office and appoint a custodian for the thing deposited.
* [III] The depositor must give notice of the deposit to the creditor without delay.
'''《References by de Becker》'''
* (In reference vide Law of Procedure in Non-Contentious Matters, Art. 81; Law of Deposit; Rules for Handling Things Deposited; and Order of Handling Things Deposited; also Art. 374 of the German Civil Code.)

====== '''[[3編01章05節01款#第496条|Article 496.]]''' ======
* [I] So long as the creditor does not consent to accept the deposit, or a judgment which has declared the deposit as valid is not final and conclusive, the depositor can withdraw the thing deposited. In this case the deposit is deemed as not having been made.
* [II] The provisions of the preceding Paragraph do not apply in case a pledge or mortgage has been extinguished by the deposit.
'''《References by de Becker》'''
* (The same reference as above; also Arts. 376 and 379 (3) of the German Civil Code.)

====== '''[[3編01章05節01款#第497条|Article 497.]]''' ======
* When the thing which is the subject of an obligation is not suitable for deposit, or is in danger of being destroyed or damaged, the person performing may, with the permission of a Court, sell it at auction and deposit the proceeds. The same applies if its custody and preservation would involve disproportionate expense.
'''《References by de Becker》'''
* (In reference vide Arts. 494 and 495 and the Law of Auction; also Art. 383 (1) of the German Civil Code.)

====== '''[[3編01章05節01款#第498条|Article 498.]]''' ======
* When the debtor is bound to pay against a prestation of the creditor, the latter cannot receive the thing deposited unless he makes such prestation.
'''《References by de Becker》'''
* (In reference vide Arts. 494 and 533; also Art. 373 of the German Civil Code.)

====== '''[[3編01章05節01款#第499条|Article 499.]]''' ======
* [I] Any person who has performed for a debtor may simultaneously with the performance be subrogated into the position of the creditor with the latter's consent.
* [II] The provisions of Art. 467 apply correspondingly to the case of the preceding Paragraph.
'''《References by de Becker》'''
* (In reference vide Arts. 474 and 500; also Arts. 268 (2), 1143 and 1150 of the German Civil Code.)

====== '''[[3編01章05節01款#第500条|Article 500.]]''' ======
* Any person who has a legitimate interest in performance is subrogated into the position of the creditor by operation of law when he has made performance.
'''《References by de Becker》'''
* (In reference vide Art. 499; also Arts. 268, 426 (2) and 774 of the German Civil Code.)

====== '''[[3編01章05節01款#第501条|Article 501.]]''' ======
* A person who has been subrogated into the position of the creditor in accordance with the provisions of the preceding two Articles may, to the extent that he may demand recourse in virtue of his own right, exercise all the rights which the creditor possessed in respect to the validity of and the security for the obligation; but the following rules must be observed: -
* (1) A surety is not subrogated into the position of the creditor as against a third acquirer of an immovable which is the subject of a preferential right, of a pledge of an immovable or of a mortgage, unless the subrogation has been additionally noted beforehand in the registration of the said preferential right, pledge of immovable or mortgage;
* (2) A third acquirer is not subrogated into the position of the creditor as against a surety;
* (3) One of several third acquirers is not subrogated into the position of the creditor as against the others except in proportion to the value of each immovable;
* (4) The provisions of the preceding number apply correspondingly as among persons who have furnished their own properties as security for the obligation of another;
* (5) As between a surety and a person who has furnished his own property as security for the obligation of another, subrogation cannot take place except in proportion to the number of persons (per capita). But if there are several persons who have furnished their properties as security for the obligation of another, subrogation cannot take place against them except with regard to the balance of the obligation remaining after the surety's share therein has been deducted, and in proportion to the value of the respective properties furnished by each of them.
* (6) If the properties in the above case are immovables, the provisions of No. 1 apply correspondingly.
'''《References by de Becker》'''
* (none)

====== '''[[3編01章05節01款#第502条|Article 502.]]''' ======
* [I] When subrogation has taken place in respect to a portion of the obligation, the party subrogated into the position of the creditor exercises his rights together with the creditor in proportion to the value of his performance.
* [II] In the case of the preceding Paragraph, rescission of the contract owing to non-performance of the obligation can be demanded only by the creditor; but in that case he must reimburse to the party subrogated into the position of the creditor the amount he has paid, together with interest.
'''《References by de Becker》'''
* (In reference vide Arts. 404, 501 and 541 et seq.)

====== '''[[3編01章05節01款#第503条|Article 503.]]''' ======
* [I] A creditor who has received full performance of his claim must deliver to the person who is thereby subrogated into his position all the documents relating to the obligation and the securities in his possession.
* [II] When subrogation has taken place in respect to part of the obligation, the creditor must note the subrogation on the document relating to the obligation and permit the person who is subrogated into his position to supervise the preservation of the securities in his possession.
'''《References by de Becker》'''
* (none)

====== '''[[3編01章05節01款#第504条|Article 504.]]''' ======
* In case there is a person who is to be subrogated into the position of a creditor in accordance with the provisions of Art. 500, if the creditor has, either intentionally or through his negligence, caused the destruction or diminution of the securities, the person who is to be subrogated into the position of the creditor is freed from his obligation to the extent that it has become impossible for him to obtain reimbursement in consequence of such destruction or diminution.
'''《References by de Becker》'''
* (In reference vide Art. 501.)

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= JAPANESE CIVIL CODE OF 1896 =
* '''''Based on the English Translation by:''''' ''J. E. de Becker (1909 – 1910).'' Annotated Civil Code of Japan. London: Butterworth & Co. [Available on Google Books and Archive.org: [https://books.google.co.th/books?id=IJ89AQAAIAAJ&printsec=frontcover&hl=th&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false Volume 1], [https://books.google.co.th/books?id=-5hBAAAAYAAJ&printsec=frontcover&hl=th&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false Volume 2], [https://www.google.co.th/books/edition/Annotated_Civil_Code_of_Japan/7_oqAQAAMAAJ?hl=th&gbpv=0 Volume 3], [https://www.google.co.th/books/edition/Annotated_Civil_Code_of_Japan/3_8qAQAAMAAJ?hl=th&gbpv=0 Volume 4]]
* '''''"INDEX TO ARTICLES'''''" in his another work offers additional information: ''J. E. de Becker (1921).'' The Principles and Practice of Civil Code of Japan. London: Butterworth & Co. [Available on [https://archive.org/details/cu31924025036025/mode/2up Archive.org]]

* [[明治29年法律第89号|Original Version in Japanese.]]

== BOOK II. REAL RIGHTS. ==

=== Chapter III. Ownership. ===

==== Title I. Extent of Ownership. ====

====== '''[[2編03章01節#第206条|Article 206.]]''' ======
* An owner has the right of freely using, receiving the profits of, and disposing of the thing owned within the restrictions of laws and ordinances.
'''《References by de Becker》'''
* (Vide Art. 903 of the German Civil Code.)

====== '''[[2編03章01節#第207条|Article 207.]]''' ======
* The ownership of land, within the restrictions of laws and ordinances, extends above and under the surface.
'''《References by de Becker》'''
* (In reference vide Art. 206; also Art. 905 of the German Civil Code.)

====== '''[[2編03章01節#第208条|Article 208.]]''' ======
* [I] When several persons each own a portion of a building divided into parts, the parts in common use of the building and its accessories are presumed to be jointly owned by them.
* [II] The expenses of repairing and other charges for the parts in common use are shared proportionately according to the value of the portion owned by each.
'''《References by de Becker》'''
* (In reference vide Arts. 249-262.)

====== '''[[2編03章01節#第209条|Article 209.]]''' ======
* [I] The owner of land can demand the use of adjacent land within the limits necessary for constructing or repairing fences and walls or buildings on or near the boundary; but he cannot enter the dwelling house of an adjacent owner unless with the latter's consent.
* [II] In the case of the preceding Paragraph, if the adjacent owner has sustained damages, he can claim compensation.
'''《References by de Becker》'''
* (In reference vide Art. 206.)

====== '''[[2編03章01節#第210条|Article 210.]]''' ======
* [I] When a piece of land is surrounded by other land and so has no passage to the public road, the owner of such land may pass over the surrounding land in order to reach the public road.
* [II] The same applies when there is no outward passage except by a pond, marsh, river, canal, or sea or ocean, or when there is a considerable difference in height between the land and the public road on account of a cliff or bank.
'''《References by de Becker》'''
* (In reference vide Arts. 211, 212, and 213; also Art. 917 (1) of the German Civil Code.)

====== '''[[2編03章01節#第211条|Article 211.]]''' ======
* [I] In the case of the preceding Article the place and method of passage must be so chosen as to meet the needs of the person who is entitled to the right of passage and yet cause as little damage as possible to the surrounding land.
* [II] The person who has the right of passage may construct a road when it is necessary.
'''《References by de Becker》'''
* (Vide Art. 917 (1) of the German Civil Code.)

====== '''[[2編03章01節#第212条|Article 212.]]''' ======
* The person who is entitled to the right of passage must pay compensation for any injury caused to the land passed over. But the compensation can be paid annually excepting that for the damages caused by the construction of the road.
'''《References by de Becker》'''
* (Vide Art. 917 (2) of the German Civil Code.)

====== '''[[2編03章01節#第213条|Article 213.]]''' ======
* [I] When, in consequence of partition, a plot of land comes into being which has no passage to the public road, the owner of such piece of land may pass to the public road only through the piece of land owned by the other co-partitioners. In this case he need not pay any compensation.
* [II] The provisions of the preceding Paragraph apply correspondingly when the owner of a piece of land has assigned a part thereof.
'''《References by de Becker》'''
* (In reference vide Art 210; also Art. 918 of the German Civil Code.)

====== '''[[2編03章01節#第214条|Article 214.]]''' ======
* The owner of land cannot prevent water from naturally flowing in from adjacent land.
'''《References by de Becker》'''
* (In reference vide Art. 218.)

====== '''[[2編03章01節#第215条|Article 215.]]''' ======
* When the course of water is obstructed upon a lower piece of land by accident, the owner of the higher land may, at his own expense, construct works necessary for its discharge.
'''《References by de Becker》'''
* (In reference vide Arts. 216 and 217.)

====== '''[[2編03章01節#第216条|Article 216.]]''' ======
* When owing to the rupture or obstruction of works constructed on "A" piece of land for collecting, draining, or conducting water, damage has been caused or is in danger of being caused to "B" piece of land, the owner of "B" piece of land can cause the owner of "A" piece of land to make repairs or drain off the water or to construct preventative works if necessary.
'''《References by de Becker》'''
* (In reference vide Art. 217; also Art. 908 of the German Civil Code.)

====== '''[[2編03章01節#第217条|Article 217.]]''' ======
* In the case of the preceding two Articles, when there is a special custom with regard to the incidence of expenses such custom is followed.
'''《References by de Becker》'''
* (In reference vide Arts. 215 and 216.)

====== '''[[2編03章01節#第218条|Article 218.]]''' ======
* The owner of land cannot construct roofs or other structures which cause rain water to fall directly upon adjacent land.
'''《References by de Becker》'''
* (In reference vide Art. 214.)

====== '''[[2編03章01節#第219条|Article 219.]]''' ======
* [I] The owner of the bed of a canal or other water course cannot change the course of water or the width of the bed when the land on the opposite shore belongs to another person.
* [II] When the land on both shores belongs to the owner of the bed of the watercourse, he can change the course of water or the width, but the water must be restored to its natural course at its lower mouth.
* [III] If there is a custom different from the provisions of the preceding two Paragraphs, such custom is to be followed.
'''《References by de Becker》'''
* (none)

====== '''[[2編03章01節#第220条|Article 220.]]''' ======
* The owner of higher land may conduct water through lower land for the purpose of draining land under water (marsh land) or of discharging superfluous water in household, agricultural or industrial use until it reaches a public highway, a public stream, or a drain, but he must so select the place and method as to cause the least possible damage to the lower piece of land.
'''《References by de Becker》'''
* (In reference vide Arts. 214 and 218.)

====== '''[[2編03章01節#第221条|Article 221.]]''' ======
* [I] The owner of a piece of land can, for the purpose of conducting the water on his land, use the works constructed by the owner of a higher or lower piece of land.
* [II] In the case of the preceding Paragraph, a person who uses the works of another person must bear the expenses of their construction and preservation in proportion to the benefit he derives therefrom.
'''《References by de Becker》'''
* (In reference vide Arts. 220 and 214.)

====== '''[[2編03章01節#第222条|Article 222.]]''' ======
* [I] The owner of the bed of a watercourse may, when it is necessary to construct a dam, rest the dam on the opposite shore, but he must pay compensation for any damages which may arise in consequence.
* [II] The owner of the opposite shore may use the said dam when a part of the bed of the water course belongs to him, but he must bear a share of the expenses in accordance with the provisions of the preceding Article.
'''《References by de Becker》'''
* (In reference vide Art. 219.)

====== '''[[2編03章01節#第223条|Article 223.]]''' ======
* The owner of a piece of land may, at the joint expense of himself and the owner of the adjacent land, construct a thing indicating the boundary.
'''《References by de Becker》'''
* (In reference vide Art. 242; also Art. 919 (1) of the German Civil Code.)

====== '''[[2編03章01節#第224条|Article 224.]]''' ======
* The expenses of constructing and pre serving the boundary marks are to be borne in equal shares by adjacent owners , but the expenses of measurement (survey) are to be borne in shares proportionate to the extent of the area of each piece of land.
'''《References by de Becker》'''
* (Vide Art. 919 (3) of the German Civil Code.)

====== '''[[2編03章01節#第225条|Article 225.]]''' ======
* [I] When two buildings belonging to different owners are separated by a piece of unoccupied land, either owner can construct a fence on the boundary line at the common expense of both owners.
* [II] When the parties concerned cannot come to an agreement, the fence of the preceding Article shall be of wood or bamboo and six shaku (feet) in height.
'''《References by de Becker》'''
* (In reference vide Arts. 226-228.)

====== '''[[2編03章01節#第226条|Article 226.]]''' ======
* The expenses of constructing and preserving the fence are to be borne in equal shares by the adjacent owners.
'''《References by de Becker》'''
* (In reference vide Art. 228; also Art. 922 of the German Civil Code.)

====== '''[[2編03章01節#第227条|Article 227.]]''' ======
* One of the adjacent owners may construct a fence of a better material or of a greater height than fixed in Paragraph 2 of Art. 225, but he must bear the consequent increase of expense.
'''《References by de Becker》'''
* (In reference vide Art. 228.)

====== '''[[2編03章01節#第228条|Article 228.]]''' ======
* When there is a custom differing from the provisions of the preceding three Articles, such custom is to be followed.
'''《References by de Becker》'''
* (In reference vide Arts. 225-227.)

====== '''[[2編03章01節#第229条|Article 229.]]''' ======
* The boundary marks, fences, walls and ditches constructed on the boundary line are presumed to belong in common to the adjacent owners.
'''《References by de Becker》'''
* (In reference vide Art. 230; also Art. 921 of the German Civil Code.)

====== '''[[2編03章01節#第230条|Article 230.]]''' ======
* [I] The provisions of the preceding Article do not apply to a wall which stands on a boundary line and which forms a part of one of the buildings.
* [II] The same rule applies to that part of a wall between two buildings of unequal height which rises above (overtops) the lower building. But this does not apply to walls built for the prevention of fire.
'''《References by de Becker》'''
* (In reference vide Art. 229 ; also Art. 921 of the German Civil Code.)

====== '''[[2編03章01節#第231条|Article 231.]]''' ======
* [I] One of the adjacent owners may increase the height of the wall jointly owned, but if the wall cannot support the strain of the superstructure he must strengthen or re-construct the wall at his own expense.
* [II] The additional part of the wall increased in height in accordance with the preceding Paragraph is exclusively owned by the person who has constructed it.
'''《References by de Becker》'''
* (In reference vide Arts. 229 and 232.)

====== '''[[2編03章01節#第232条|Article 232.]]''' ======
* In case of the preceding Article, when the adjacent owner has suffered damage he can demand compensation.
'''《References by de Becker》'''
* (In reference vide Art. 231.)

====== '''[[2編03章01節#第233条|Article 233.]]''' ======
* [I] When the branches of trees and bamboos on adjacent land encroach over the boundary line, the owner of such trees and bamboos can be caused to lop off the branches.
* [II] When the roots of trees and bamboos on adjacent land encroach across the boundary line they can be cut off.
'''《References by de Becker》'''
* (Vide Art. 910 of the German Civil Code)

====== '''[[2編03章01節#第234条|Article 234.]]''' ======
* [I] In constructing a building, a distance of at least one shaku five sun (eighteen inches) must be left from the boundary line.
* [II] When any person is about to construct a building contrary to the provisions of the preceding Paragraph, the owner of the adjacent land may cause him to abandon or modify the construction; but after one year has elapsed from the commencement of the construction, or after the building is finished, only compensation for damages can be demanded.
'''《References by de Becker》'''
* (In reference vide Arts. 201 and 236; also Art. 907 of the German Civil Code.)

====== '''[[2編03章01節#第235条|Article 235.]]''' ======
* [I] Any person who constructs at a distance of less than three shaku (feet) from the boundary line a window or a verandah which overlooks the grounds of another person must attach a screen (mekakushi) thereto.
* [II] The distance of the preceding Paragraph is measured from that point of the window or verandah which is nearest to the adjacent land in a straight line to the boundary line.
'''《References by de Becker》'''
* (In reference vide Art. 236; also Art. 912 (1) of the German Civil Code.)

====== '''[[2編03章01節#第236条|Article 236.]]''' ======
* When there are customs different from the provisions of the preceding two Articles such customs are to be followed.
'''《References by de Becker》'''
* (In reference vide Arts. 234 and 235.)

====== '''[[2編03章01節#第237条|Article 237.]]''' ======
* [I] In digging a well , a cistern, a cesspool, or a receptacle for manure , a distance of at least six shaku must be left from the boundary line, and in digging a pond, a cellar or a water-closet vault, at least three shaku.
* [II] In laying waterpipes under ground or digging ditches, a distance of at least one half of its depth must be left from the boundary line ; but it need not exceed three shaku.
'''《References by de Becker》'''
* (In reference vide Art. 238; also Art. 909 of the German Civil Code.)

====== '''[[2編03章01節#第238条|Article 238.]]''' ======
* When the works of the preceding Article are made in the neighbourhood of a boundary line, necessary precautions must be taken in order to prevent the collapse of earth and sand or the infiltration of water or filthy liquids.
'''《References by de Becker》'''
* (Vide Art. 909 of the German Civil Code.)

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= JAPANESE CIVIL CODE OF 1896 =
* '''''Based on the English Translation by:''''' ''J. E. de Becker (1909 – 1910).'' Annotated Civil Code of Japan. London: Butterworth & Co. [Available on Google Books and Archive.org: [https://books.googleusercontent.com/books/content?req=AKW5Qaco2u_7o4s1W9cpadXDUtGbZkAuR_hHaQut6gjMlHvpalYykLnWv9f4Se0t3MQl1w-37vgbNh3RpR-0H2gY79Kw-BXR_XwNbI2_07Ni6jE2du6hFhkb2_6Zcx6vo7hIRDEvBaqv_NJYiIEWLMX5CXedpyVHv6Q1P6_SNHW2AMnMg--1Xj0Ma7YKzOEFwCf5eipTlzsVjsM41xtvh_X1O_RrMd8Y9Ebf6Jb2tUotn5zEDT2Ub6zMUBTkjx0cyeEie5_LhQhZqjZ6BGRGdZc8LKx_lg_ErQ Volume 1], [https://books.googleusercontent.com/books/content?req=AKW5QaegI9wCPWpTOlRnoXqNiWluPaRBge3h2jiZ4P6RT3vlXX2uuodWLM1wmQD9ChbyhIMEd_9fL1rjRdq_Qan7QaFFtImPd35p7fVLtS0rBLtdUNaElguxKTrQQWPUMLRebyfIBNYJurr_1a43oWPMStnSPI6kOwm1GeZNrG9lvUcqbPCIIGdjJquVxCu5q0JMA2J8s8U2IESFOgGiiZlGuoDmM-Cm-w7rZ0KY5mX1OWDRYb02fCSrXKNg8Ai2fEHqr2Nwqh0_NBf79Mpg698bFzxYpRWNrZkJSErngyAkNcQP0E6IaIw Volume 2], [https://books.googleusercontent.com/books/content?req=AKW5Qacq7TF7BZ2Mva0Onc_JRMYJQAXz2U3dbhekJ2fpnfo6zNTJJZpteiQ0TcjZi8lsq5E1m1uvE-axTCy2UPUtAHFeQSHkPYX-oJn_myICOZuf0Fl2ks1hOI1gpjOofsfMKYMJOmHXS25oFgt2JsUJ7P7uA2yz9NMH2g5rV-7wW_ayQGdgc6-xDPutfq0pNHl1zOn7L2veE-eaUcc37GqRGAITIMVwKyUcr1iG5_6K0BeHPUw-JstIcIdQmO2r8ZsXa4K75kcDNaGa-N9tpCIDS4z8Arftpw Volume 3], [https://archive.org/details/annotatedcivilco0000japa/page/n5/mode/2up Volume 4]]
* '''''"INDEX TO ARTICLES'''''" in his another work offers additional information: ''J. E. de Becker (1921).'' The Principles and Practice of Civil Code of Japan. London: Butterworth & Co. [Available on [https://archive.org/details/cu31924025036025/mode/2up Archive.org]]

* [[明治29年法律第89号|Original Version in Japanese.]]

== BOOK I. GENERAL PRINCIPLES. ==

=== Chapter VI. Prescription. ===

==== Title III. Extinctive Prescription. ====

====== '''[[1編06章03節#第166条|Article 166.]]''' ======
* [I] Extinctive prescription commences to run from the moment when the exercise of the right becomes possible.
* [II] The provisions of the preceding paragraph do not prevent acquisitive prescription from commencing to run from the time of possession, in favour of a third person who possesses the object of a right subject to a time of commencement or to a condition precedent, but the owner of the right can at any time demand an acknowledgment from the possessor in order to interrupt prescription.
'''《References by de Becker》'''
* (In reference vide Paragraph 1 of Art. 127, Paragraph 1 of Art. 135, Arts. 185, 291, 300, 397 and 724 ; also Art. 198 of the German Civil Code.)

====== '''[[1編06章03節#第167条|Article 167.]]''' ======
* [I] An obligation is extinguished if it is not exercised for ten years.
* [II] Property rights other than obligations and ownership are extinguished if not exercised for twenty years.
'''《References by de Becker》'''
* (In reference vide Arts. 291 , 289, 295, 300, 303, 347 , 396, and 397; also Arts. 194 and 195 of the German Civil Code.)

====== '''[[1編06章03節#第168条|Article 168.]]''' ======
* [I] Obligations of periodical payments are extinguished if not exercised for twenty years from the time for the first payment. The same applies when they are not exercised for ten years from the time for the last payment.
* [II] The creditor of an obligation of periodical payments can demand from the debtor a written acknowledgment at any time in order to obtain proof of the interruption of prescription.
'''《References by de Becker》'''
* (In reference vide No. 3 of Art. 147 and Art. 689 et seq; also Art. 197 of the German Civil Code.)

====== '''[[1編06章03節#第169条|Article 169.]]''' ======
* Obligations of which the object is payment or delivery (prestation) of money or other things fixed by the year or a shorter period of time are extinguished if not exercised for five years.
'''《References by de Becker》'''
* (none)

====== '''[[1編06章03節#第170条|Article 170.]]''' ======
* The obligations mentioned below are extinguished if not exercised for three years.
* (1) Obligations relating to physicians, mid-wives, and pharmacists (apothecaries) for attendance (treatment), services, and medicines;
* (2) Obligations relating to the work of technical experts (engineers, architects, etc.), carpenters, and contractors; but in this case prescription commences to run when the works they have undertaken are finished.
'''《References by de Becker》'''
* (Vide Art. 196 of the German Civil Code.)

====== '''[[1編06章03節#第171条|Article 171.]]''' ======
* Lawyers, after the lapse of three years from the conclusion of the suits, and public notaries and bailiffs (process-servers) after the lapse of three years from the time of execution of their professional duties, are exempted from responsibility with regard to documents which they have received in the exercise of their professions.
'''《References by de Becker》'''
* (Vide Art. 196 of the German Civil Code.)

====== '''[[1編06章03節#第172条|Article 172.]]''' ======
* Obligations relating to the professional duties of lawyers, public notaries, and bailiffs (process-servers) are extinguished if not exercised for two years from the conclusion of the matters which form the cause thereof. But, even within the said term, when five years have elapsed from the termination of each particular fact in such matter, the obligation is extinguished with regard to such fact.
'''《References by de Becker》'''
* (Vide German Civil Code Art. 196.)

====== '''[[1編06章03節#第173条|Article 173.]]''' ======
* The obligations mentioned below are extinguished if they are not exercised for two years: -
* (1) The prices of produce and merchandise sold by producers, wholesale traders or retail traders;
* (2) Obligations relating to the services of artisans working at home and manufacturers;
* (3) Obligations of proprietors of schools or boarding schools, or of masters or teachers relating to the charges for the education, clothing, board and lodging of pupils and apprentices.
'''《References by de Becker》'''
* (Vide German Civil Code Art. 196.)

====== '''[[1編06章03節#第174条|Article 174.]]''' ======
* The obligations mentioned below are extinguished if not exercised for one year: -
* (1) The salaries of employees fixed by the month or a shorter period of time;
* (2) The wages of laborers and public performers and the prices of things supplied by them;
* (3) Freight;
* (4) Charges for lodging, food and drinks , charges for the hire of rooms and seats, admittance fees, prices of articles for consumption and advances of money in inns, restaurants, hired rooms and places of amusement;
* (5) Hire of movables.
'''《References by de Becker》'''
* (Vide German Civil Code Art. 196.)

Book1 Chapter06 Title02

2025-05-02T14:07:08Z

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