Book3 Chapter03

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 III. Business Management (Negoriorum gestlio).

Article 697.

• [I] A person who assumes the management of another person's business affairs without being bound to do so must conduct such management in accordance with the nature of the business and in a manner best calculated to insure the interests of the principal.
• [II] The manager must conduct the management in accordance with the intention (wishes) of the principal if he knows, or is able to conjecture, it.

《References by de Becker》

• (In reference vide Arts. 643 and 656; also Art. 677 of the German Civil Code.)

Article 698.

• A manager who has managed the business of the principal in order to protect the latter from imminent peril to his person, honour, or property, is not responsible for resulting damages unless he acted in bad faith or with gross negligence.

《References by de Becker》

• (In reference vide Art. 697; also Art. 680 of the German Civil Code.)

Article 699.

• The manager must without delay notify the principal that he has assumed the management, except the principal already knows of it.

《References by de Becker》

• (In reference vide Arts. 701 and 645; also Art. 681 of the German Civil Code.)

Article 700.

• A manager must continue his management until the principal or his successor or legal representative can undertake it, unless a continuation of the management is clearly contrary to the intention or opposed to the interests of the principal.

《References by de Becker》

• (In reference vide Art. 697.)

Article 701.

• The provisions of Arts. 645 to 647 apply correspondingly to business management.

《References by de Becker》

• (In reference vide Arts. 645-647; also Art. 681 of the German Civil Code.)

Article 702.

• [I] If a manager has disbursed beneficial expenses for the principal, he may claim reimbursement thereof from the principal.
• [II] When a manager has contracted beneficial obligations for the principal, the provisions of Paragraph 2 of Art. 650 apply correspondingly.
• [III] When a manager has undertaken the management against the wishes of the principal, the provisions of the preceding two Paragraphs apply only in so far as the principal is actually enriched.

《References by de Becker》

• (In reference vide Art. 650 Paragraph 2; also Arts. 683 (1) and 684 of the German Civil Code.)