Book2 Chapter06

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]

• Original Version in Japanese.

BOOK II. REAL RIGHTS.

Chapter VI. Servitudes.

Article 280.

• A person entitled to a servitude has the right of using the land of another person for the benefit of his own land in accordance with the object fixed by the act of creation; but he must not violate the provisions relating to public order contained in Section I of Chapter III.

《References by de Becker》

• (In reference vide Arts. 209, 238; also Arts. 1018 and 1019 of the German Civil Code.)

Article 281.

• [I] A servitude is transferred together with the ownership of the dominant land as its accessory, and forms the subject of other rights existing in the dominant land, unless special provisions to the contrary are contained in the act of creation.
• [II] A servitude may neither be assigned nor made the subject of any other right apart from the dominant land.

《References by de Becker》

• (In reference vide Art. 87.)

Article 282.

• [I] One of the joint owners of land may not cause a servitude existing for or over the land to be extinguished as regards his share.
• [II] In case of the partition or partial assignment of land, the servitude exists for or on each part except when the servitude relates in its nature to only a part of the land.

《References by de Becker》

• (Vide Arts. 1025 and 1026 of the German Civil Code.)

Article 283.

• Servitudes may not be acquired by prescription with the exception of those which are continuous and visible (apparent).

《References by de Becker》

• (In reference vide Art. 163.)

Article 284.

• [I] When one of the joint owners acquires a servitude by prescription, the same is also acquired by the other joint owners.
• [II] Interruption of prescription does not take effect against the joint owners unless it is made against each joint owner who exercises the servitude.
• [III] In case there are several joint owners who exercise a servitude, prescription runs in favour of each joint owner even though there is a cause for suspension of prescription against one of them.

《References by de Becker》

• (In reference vide Arts. 148, 159, 164 and 165.)

Article 285.

• [I] When water on the servient land subject to a servitude for using water is insufficient for the demand of the dominant and the servient land, it is to be used in the first place for household use and then for other purposes in proportion to the demand of each piece of land, unless it is otherwise provided by the act of creation.
• [II] When several servitudes for the use of water are created over the same servient land, the persons subsequently entitled may not prevent the use of the water by those previously entitled.

《References by de Becker》

• (Vide Art. 1024 of the German Civil Code.)

Article 286.

• When the owner of the servient land has by the act of creation or a special contract assumed the obligation of constructing or repairing at his own expense structures for the exercise of the servitude, such obligation also devolves upon his singular successor.

《References by de Becker》

• (none)

Article 287.

• The owner of servient land may at any time free himself from the obligation of the preceding Article by abandoning to the person entitled the ownership of that part of the land necessary for the servitude.

《References by de Becker》

• (none)

Article 288.

• [I] The owner of the servient land may, in so far as the exercise of the servitude is not thereby obstructed, use the structures constructed on the servient land for the exercise of the servitude.
• [II] In the case of the preceding Paragraph the owner of the servient land must bear a part of the expenses of the construction and preservation of the structures proportionately to the benefit which he derives therefrom.

《References by de Becker》

• (In reference vide Art. 221.)

Article 289.

• When the possessor of servient land has so possessed the same as to satisfy the conditions required for acquisitive prescription the servitude is extinguished thereby.

《References by de Becker》

• (In reference vide Art. 162.)

Article 290.

• The extinctive prescription of the preceding Article is interrupted by the person entitled to the servitude exercising his right.

《References by de Becker》

• (In reference vide Arts. 167-174.)

Article 291.

• The period of time for extinctive prescription provided in Paragraph 2 of Art. 167 commences to run, with regard to a discontinuous servitude, when it has been exercised for the last time, and with regard to a continuous servitude when a fact has taken place obstructing the exercise thereof.

《References by de Becker》

• (none)

Article 292.

• In case the dominant land belongs to the joint ownership of several persons, if prescription is interrupted or suspended in favour of one of them, such interruption or suspension also takes effect for the benefit of the other joint owners as well.

《References by de Becker》

• (none)

Article 293.

• When the person entitled to a servitude does not exercise a part of his right, such part only is extinguished by prescription.

《References by de Becker》

• (In reference vide Arts. 282 and 284.)

Article 294.

• With regard to an iriai-ken not having the nature of joint ownership, the provisions of the present Chapter apply correspondingly except where the custom of each district is to be followed.

《References by de Becker》

• (In reference ride Art. 263.)