Book3 Chapter01 Title01

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 III. OBLIGATIONS (or CLAIMS).

Chapter I. General Provisions.

Title I. Subjects of Obligations.

Article 399.

• Even a thing which cannot be valued (estimated) in money may be made the subject of an obligation.

《References by de Becker》

• (In reference vide Arts. 90 and 537; also Art. 241 of the German Civil Code.)

Article 400.

• When the subject of an obligation is the delivery of a specific thing, the debtor must preserve such thing with the care of a good manager until it is delivered.

《References by de Becker》

• (In reference vide Art. 659.)

Article 401.

• [I] In case the thing which is the subject of an obligation is indicated by its kind (species) only, if the quality cannot be determined from the nature of the juristic act nor from the intention of the parties concerned, the debtor must make prestation of a thing of medium quality.
• [II] In the case of the preceding Paragraph, if the debtor has completed acts necessary for the prestation of the thing or, with the consent of the creditor, has indicated the thing for such prestation by him, such thing shall thenceforth be the subject of the obligation.

《References by de Becker》

• (In reference vide Arts. 400 and 534; also Art. 243 of the German Civil Code.)

Article 402.

• [I] When the thing which is the subject of an obligation is money, the debtor may make payment in any kind of currency at his option, unless the prestation of a special kind of currency has been made the subject of the obligation.
• [II] When at the time of payment the special kind of currency which is the subject of the obligation has lost its validity as a compulsory and current legal tender, the debtor must make payment in another currency.
• [III] The provisions of the preceding two Paragraphs apply correspondingly in case the prestation of a foreign currency is made the subject of an obligation.

《References by de Becker》

• (In reference vide Art. 403; also Arts. 244 and 245 of the German Civil Code.)

Article 403.

• When the amount of an obligation is determined in foreign currency, the debtor may pay in Japanese currency at the rate of exchange ruling at the place of performance.

《References by de Becker》

• (In reference vide Art. 244 of the German Civil Code.)

Article 404.

• When there is no special expression of intention with regard to an interest-bearing obligation, the rate of interest is five per cent. per annum.

《References by de Becker》

• (In reference vide Art. 442 Paragraph 2; Art. 545 Paragraph 2; Art. 575; Art. 650, Paragraph.1; Arts. 647; 669, 671; Art. 691 Paragraph 1; Art. 704; Art. 927 Paragraph 2; and Art. 940; the Commercial Code Art. 276; and the Law Restricting Rates of Interest; also Art. 246 of the German Civil Code.)

Article 405.

• In case the interest has been in arrear for not less than one year, if the debtor does not pay the same notwithstanding the demand of the creditor, the latter may add such interest to the principal.

《References by de Becker》

• (none)

Article 406.

• When the subject of an obligation is to be determined by selection from among several prestations, the right of choice belongs to the debtor.

《References by de Becker》

• (In reference vide Art. 262 of the German Civil Code.)

Article 407.

• [I] The right of choice of the preceding Article is exercised by an expression of intention to the other party.
• [II] The expression of intention of the preceding Paragraph may not be annulled except with the consent of the other party.

《References by de Becker》

• (In reference vide Art. 409; also Art. 263 (1) of the German Civil Code.)

Article 408.

• When an obligation becomes due, if the party who has the right of selection, notwithstanding the demand of the other party to make a choice within a proper period of time fixed, does not choose within such period of time, the right of selection belongs to the other party.

《References by de Becker》

• (In reference vide Arts. 406 and 407; also Art. 264 of the German Civil Code.)

Article 409.

• [I] In case a third person is to choose, the choice is made by an expression of intention either to the creditor or to the debtor.
• [II] If the third person cannot or does not wish to choose, the right of choice belongs to the debtor.

《References by de Becker》

• (In reference vide Art. 406.)

Article 410.

• [I] If among the prestations to be the subjects of an obligation there is one which is impossible from the beginning, or which has subsequently become so, the obligation still exists as to those which remain.
• [II] The provisions of the preceding Paragraph do not apply when prestation has become impossible owing to the fault of the party who has not the right of choice.

《References by de Becker》

• (In reference vide Art. 709; also Art. 265 of the German Civil Code.)

Article 411.

• The effect of the choice is retroactive as from the time when the obligation was formed; but the rights of third persons may not be injured thereby.

《References by de Becker》

• (In reference vide Art. 263 (2) of the German Civil Code.)