Book3 Chapter02 Title01 Part02

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 II. Contracts.

Title I. General Provisions.

Article 523.

• When an acceptance has been delayed, the offerer may deem it to be a new offer.

《References by de Becker》

• (In reference vide Art. 528; also Art. 150 (1) of the German Civil Code.)

Article 524.

• An offer made to a person at a distance without fixing a period of time for acceptance thereof, cannot be withdrawn for such a period of time as is reasonably necessary for the offerer to receive notice of acceptance.

《References by de Becker》

• (In reference vide Art. 97, Paragraph 1; also Arts. 147 (2) and 145 of the German Civil Code.)

Article 525.

• The provisions of Art. 97, Paragraph 2, do not apply in case the offerer has expressed a contrary intention or the other party had knowledge of the fact of his death or the loss of capacity.

《References by de Becker》

• (In reference vide German Civil Code, Art. 153.)

Article 526.

• [I] A contract between persons at a distance comes into existence when the notice of acceptance is despatched.
• [II] In case the notice of acceptance is not necessary on account of an expression of intention of the offerer to that effect or to the custom governing such transactions, the contract comes into existence when a fact has occurred which can be recognised as an expression of intention to accept it.

《References by de Becker》

• (In reference vide Art. 97, Paragraph 1, Art. 521, Paragraph 2, and Art. 524; also Art. 151 of the German Civil Code.)

Article 527.

• [I] Even when a notice withdrawing an offer has reached the other party subsequent to the despatch of the notice of acceptance, if it can be recognised that the notice of withdrawal was despatched in such time that under ordinary circumstances it ought to have arrived before, the acceptor must without delay notify the offerer of the delay in arrival.
• [II] When the acceptor neglects to give the notice of the preceding Paragraph, the contract is deemed as not having come into existence.

《References by de Becker》

• (In reference vide Art. 522.)

Article 528.

• When an acceptor has accepted an offer subject to a condition or other alterations, he is deemed to have refused such offer and simultaneously made a new offer.

《References by de Becker》

• (In reference vide Art. 522; also Art. 150 (2) of the German Civil Code.)

Article 529.

• A person who has advertised that he will give a fixed reward to whoever performs a certain act is bound to pay the reward to the person who has performed the said act.

《References by de Becker》

• (In reference vide Art. 526; also Art. 657 of the German Civil Code.)

Article 530.

• [I] In the case of the preceding Article the advertiser may withdraw his advertisement by the same method as he has employed for advertising, so long as there is no person who has completed the designated act, except when it has been expressed in the advertisement that it would not be withdrawn.
• [II] In case revocation (withdrawal ) cannot be made by the means determined in the preceding Paragraph, it can be made by another method, but such revocation is valid only as against those who have the knowledge of it.
• [III] If the advertiser has fixed a period of time for the performance of the designated act, he is presumed to have renounced (waived) his right of withdrawal.

《References by de Becker》

• (In reference vide Arts. 521 and 524; also Art. 658 of the German Civil Code.)

Article 531.

• [I] When there are several persons who have performed the act designated in the advertisement, only the person who has performed it first is entitled to the reward.
• [II] In case several persons have done the act simultaneously, each of them is entitled to a share of the reward in equal proportions. But if the reward cannot be conveniently divided, owing to its nature, or if only one person is entitled thereto according to the terms of the advertisement, the receiver is determined by lot.
• [III] The provisions of the preceding two Paragraphs do not apply if a different intention is expressed in the advertisement.

《References by de Becker》

• (In reference vide Art. 529; also Art. 659 of the German Civil Code.)

Article 532.

• [I] If there are several persons who have performed the act specified in the advertisement, the most meritorious of them only is entitled to the reward. Such advertisement has no validity unless the period of time is fixed for the competition.
• [II] In the case of the preceding Paragraph, the question as to whose performance is most meritorious among the competitors shall be decided by the person designated in the advertisement, and if there is no designation therein of the umpire, it is to be decided by the advertiser.
• [III] Competitors may not raise any objection to the decision of the preceding Paragraph.
• [IV] When the acts of several persons have been decided to possess equal merit, the provisions of Paragraph 2 of the preceding Article apply correspondingly.

《References by de Becker》

• (In reference vide Arts. 529 and 531; also Art. 661 of the German Civil Code.)

Article 533.

• One of the parties to a bilateral contract may refuse to perform his obligation until the other party tenders performance of his own obligation, but this does not apply when the latter is not due.

《References by de Becker》

• (In reference vide Arts. 412, 414, 492 and 493; also Arts. 320 (1) and 321 of the German Civil Code.)

Article 534.

• [I] When a bilateral contract has for its object the creation or transfer of a real right in a specific thing, if such thing has been lost or damaged by a cause not attributable to the debtor, such loss or damage falls on the creditor.
• [II] With regard to a contract relating to a non- specific thing, the provisions of the preceding Paragraph apply from the moment when the thing has become specific in accordance with the provisions of Paragraph 2, Art. 401.

《References by de Becker》

• (In reference vide Arts. 535 and 536; also Arts. 323 and 445 of the German Civil Code.)

Article 535.

• [I] The provisions of the preceding Article do not apply if the thing which is the subject of a bilateral contract subject to a condition precedent has been lost while the condition is pending.
• [II] If the thing has been damaged by a cause not imputable to the debtor, the damage falls on the creditor.
• [III] When the thing has been damaged by a cause imputable to the debtor, the creditor may, at his option, demand either performance or rescission of the contract in case the condition is fulfilled; but this does not affect his right to demand compensation for damage.

《References by de Becker》

• (In reference vide Arts. 534, 127, 415, and 543.)

Article 536.

• [I] In cases other than those provided in the preceding two Articles, if performance of an obligation has become impossible owing to a cause imputable to neither of the parties concerned, the debtor has no right to receive the counter-prestation.
• [II] If performance has become impossible owing to a cause imputable to the creditor, the debtor does not lose his right to receive the counter-prestation; but if he has received any benefit by being freed from his obligation, such benefit must be returned to the creditor.

《References by de Becker》

• (In reference vide Arts. 534, 535, 412 and 413; also Arts. 323 (1) and 324 (1) of the German Civil Code.)

Article 537.

• I] If a party is bound to make a prestation to a third person in accordance with a contract, the third person has a right to demand such prestation directly from the debtor.
• [II] In the case of the preceding Paragraph, the right of the third person comes into existence at the moment when he expresses to the debtor his intention to take and enjoy the benefit of the contract.

《References by de Becker》

• (In reference vide Art. 399; also Arts. 328 (1), 329, 330 and 333 of the German Civil Code.)

Article 538.

• After the right of the third person has come into existence in accordance with the provisions of the preceding Article, it can no longer be modified or extinguished by the parties concerned.

《References by de Becker》

• (In reference vide Art. 537; also Art. 328 (2) of the German Civil Code.)

Article 539.

• Any plea or defence which is founded on the contract mentioned in Art. 537 can be set up by the debtor against the third person who is to enjoy the benefit of the said contract.

《References by de Becker》

• (In reference vide Arts. 537 and 538; also Art. 334 of the German Civil Code.)