Book1 Chapter01 Title02
From Reference Codes Japanese CC
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: Volume 1, Volume 2, Volume 3, 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 Archive.org]
BOOK I. GENERAL PRINCIPLES.
Chapter I. General Provisions.
Title II. Capacity.
Article 3.
- Majority is fixed at full twenty years.
《References by de Becker》
- (In reference vide Arts. 765, 828, 843, 1061, and Art. 13 of the Imperial Household Law).
Article 4.
- [I] A minor must obtain the consent of his legal representative to do juristic acts, with the exception of acts by which he simply acquires rights or avoids duties.
- [II] Acts contrary to the provisions of the preceding paragraph may be annulled.
《References by de Becker》
- (In reference vide Arts. 19, 120 et seq, 884 and 921).
Article 5.
- With regard to property of which the disposition has been authorized for a purpose specified by his legal representative, a minor may freely dispose of it within the limit of such purpose. The same applies to the disposition of property which he has been authorized to dispose of without specifying any purpose.
《References by de Becker》
- (In reference vide Arts. 16, 884 and 921.)
Article 6.
- [I] A minor authorized to carry on one or several businesses possesses the same cap city as a person of full age in respect to all such businesses.
- [II] In the case of the preceding paragraph, if facts exist showing that the minor is not yet capable of carrying on the business his legal representative may, in accordance with the provisions of the "Book of Relatives", annul or limit the said authorization.
《References by de Becker》
- (In reference vide Art. 884 and 921.)
Article 7.
- With regard to a person who is in an habitual state of unsound mind the Court may, in accordance with the application of such person himself (or herself), of his wife (or her husband), of a relative within the fourth degree, of the head of his (or her) house, of his (or her) guardian or curator, or of a public procurator, adjudge such person incompetent (interdict).
《References by de Becker》
- (none)
Article 8.
- An incompetent person is placed under guardianship.
《References by de Becker》
- (In reference vide Art. 921).
Article 9.
- The acts of an incompetent person may be annulled.
《References by de Becker》
- (In reference vide Art. 19 and 120 ).
Article 10.
- When the causes of incompetency have ceased the Court must annul the adjudication upon the demand of any of the persons mentioned in Art. 7.
《References by de Becker》
- (none)
Article 11.
- Persons of weak intellect , deaf, dumb, or blind persons, and spendthrifts (prodigals) may be placed under curatorship as quasi-incompetent (demi-interdict).
《References by de Becker》
- (none)
Article 12.
- [I] A quasi-incompetent person must have the consent of his curator to do any of the acts mentioned below:-
- (1) To receive or invest capital;
- (2) To contract loans, or to become surety (guarantor);
- (3) To do acts having for their object the acquisition or loss of rights relative to immovables or to important movables;
- (4) To institute suits at law;
- (5) To make donations (gifts), amicable settlements (compromises ) or arbitration agreements;
- (6) To accept or renounce a succession;
- (7) To refuse a donation (gift) or legacy or to accept a burdensome donation (gift) or legacy;
- (8) To construct new buildings, to rebuild, to make extensions to a building, or to make extensive repairs;
- (9) To make a hiring or letting for a period of time longer than fixed in Art. 602.
- [II] The Court may declare, according to circumstances, that the consent of his curator is necessary even when a quasi-incompetent person does an act not mentioned in the preceding paragraph.
- [III] Any acts contrary to the provisions of the preceding two paragraphs may be annulled.
《References by de Becker》
- (In reference vide Arts. 19, 120 et seq. & 602.)
Article 13.
- The provisions of Art. 7 and Art. 10 apply correspondingly to quasi incompetency.
《References by de Becker》
- (none)
Article 14.
- [I] A wife must have permission to do any of the acts mentioned below:-
- (1) To do acts mentioned in Nos. 1-6 of Paragraph I of Art. 12;
- (2) To accept or refuse a donation (gift) or legacy;
- (3) To make a contract putting her under any corporal restraint.
- [II] Any acts contrary to the provisions of the preceding paragraph may be annulled.
《References by de Becker》
- (In reference vide Art. 12, paragraph 1; Arts. 19 and 120 et seq.)
Article 15.
- A wife authorized to carry on one or several businesses has the same capacity as a person of full competency (as a person sui juris) in respect to such businesses.
《References by de Becker》
- (In reference vide Art. 6 Paragraph 1).
Article 16.
- A husband may annul or limit an authorization made by himself. But such nullification or limitation cannot be set up against a third person acting in good faith.
《References by de Becker》
- (In reference vide Art. 6, Paragraph 2.)
Article 17.
- A wife need not have the permission of her husband in any of the following cases:-
- (1) When it is not certain whether the husband is alive or dead;
- (2) When the husband has deserted the wife;
- (3) When the husband is an incompetent (interdicted) person or a quasi incompetent (demi interdicted) person;
- (4) When the husband is confined in a hospital or private house on account of lunacy;
- (5) When the husband has been sentenced to a penalty of imprisonment for one year or a severer penalty and is undergoing such penalty;
- (6) When the interests of the wife and the husband conflict.
《References by de Becker》
- (In reference vide Arts. 7, 11 and 57).
Article 18.
- When the husband is a minor, he cannot give permission for the acts of his wife except in accordance with the provisions of Art. 4.
《References by de Becker》
- (none)
Article 19.
- [I] The other party to an incompetent person may, after such incompetent person has become competent notify him to give a definite answer, within a period of not less than one month, as to whether he (the latter) will or will not ratify acts which can be annulled. If such incompetent person does not give a definite answer within the period fixed the acts are regarded as ratified.
- [II] The same applies when the notification of the preceding paragraph is given to the husband or legal representative of an incompetent person while the latter still continues incompetent, and no definite answer is given within the period fixed; but such notification can be made to a legal representative only with regard to acts within the scope of his authority.
- [III] With regard to an act which requires special formalities, if no notification is issued within the said period that such formalities have been complied with, the act is regarded as annulled.
- [IV] With regard to a quasi-incompetent person, or to a wife, a notification may be given to ratify his or her act within the period of the first paragraph with the consent of the curator or the permission of the husband. If the quasi-incompetent person or the wife does not issue a notification within the period fixed that such consent or permission has been obtained, the act is regarded as annulled,
《References by de Becker》
- (In reference vide Arts. 103 and 120 et seq.)
Article 20.
- The acts of an incompetent person who has made use of fraudulent means in order to pass himself off as a competent person cannot be annulled.
《References by de Becker》
- (In reference vide Art. 709.)
