Book1 Chapter04 Title04
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 IV. Juristic Acts.
Title IV. Void and Voidable Acts.
Article 119.
- A void act does not become effective by ratification. But when the party concerned has ratified it knowing it to be void he is deemed to have performed a new act.
《References by de Becker》
- (In reference vide Arts. 90, 94, 95, 131, 132, 133 and 134. See also German Civil Code Art. 141.)
Article 120.
- [I] A voidable act can be avoided only by incapacitated persons who have made a defective expression of intention, or their representatives or successors.
- [II] An act done by a wife can also be annulled by her husband.
《References by de Becker》
- (In reference vide Arts. 4, 9, 12, 14, 19, 20, 96, 424, and 550; also Art. 109 of the German Civil Code.)
Article 121.
- An act which has been annulled is regarded as having been void ab initio; but a legally incapacitated person is only bound to make restoration to the extent to which he is actually enriched as a result of the act.
《References by de Becker》
- (In reference vide Arts. 19, 96 and 192; also German Civil Code Arts. 142 and 812.)
Article 122.
- A voidable act is deemed to be valid ab initio when it is ratified by any of the persons specified in Art. 120; but the rights of other (third) persons may not be injured thereby.
《References by de Becker》
- (In reference vide Arts. 19 and 120 ; also German Civil Code Arts. 108, 144, and 184.)
Article 123.
- In case the other party to a voidable act is known (is a specified and determinate person) nullification (cancellation ) or ratification thereof is effected by an expression of intention addressed to him.
《References by de Becker》
- (In reference vide Art. 530; also German Civil Code Art. 658.)
Article 124.
- [I] Ratification has no validity unless it is made after the circumstances which form the cause of nullification have ceased to exist.
- [II] When an incompetent (interdicted) person acquires knowledge of his act after he has recovered his capacity, he cannot ratify it until after he has acquired such knowledge.
- [III] The provisions of the preceding two paragraphs do not apply when the husband or a legal representative makes the ratification.
《References by de Becker》
- (In reference vide Art. 19.)
Article 125.
- When subsequent to the time when the ratification becomes possible in accordance with the provisions of the preceding Article, any of the following facts exist with regard to a voidable act, such act is deemed to be ratified, unless a protest is reserved: -
- (1) Total or partial performance;
- (2) A demand for performance;
- (3) A novation;
- (4) The prestation of security;
- (5) A total or partial transference of the right acquired in virtue of the voidable act;
- (6) Compulsory execution.
《References by de Becker》
- (none)
Article 126.
- The right of nullification (avoidance) is extinguished by prescription if not exercised for five years from the time when ratification became possible. The same applies when twenty years have elapsed from the time of the act.
《References by de Becker》
- (In reference vide Arts. 124 and 144; also Art. 124 of the German Civil Code.)
