Book2 Chapter02 Title03

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 II. REAL RIGHTS.

Chapter II. Possessory Rights.

Title III. Extinction of Possessory Rights.

Article 203.
  • A possessory right is extinguished when the possessor renounces the intention to possess or when he loses the detention of the thing possessed; but this does not apply when the possessor brings an action for the recovery of possession.

《References by de Becker》

  • (In reference vide Arts. 180 and 201; also Arts. 856 (1) and 940 (2) of the German Civil Code.)
Article 204.
  • [I] In case a thing is possessed or held through a representative, the possessory right is extinguished from any of the following causes: -
  • (1) When the principal renounces the intention to have the representative hold possession;
  • (2) When the representative expresses to his principal the intention to hold the thing possessed for himself or for a third person in future;
  • (3) When the representative has lost the detention of the thing possessed.
  • [II] A possessory right is not extinguished through mere extinction of the powers of representation.

《References by de Becker》

  • (In reference vide Arts. 181-184.)