Book2 Chapter02 Title02

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 II. Possessory Rights.

Title II. Validity of Possessory Rights.

Article 188.

• A possessor is presumed to lawfully have the right exercised over the thing possessed.

《References by de Becker》

• (Vide Art. 1006 of the German Civil Code.)

Article 189.

• [I] A possessor in good faith acquires the fruits produced by the thing possessed.
• [II] When a possessor in good faith fails in a petitory action he is deemed to be a possessor in bad faith from the time of the commencement of the action.

《References by de Becker》

• (In reference vide Arts. 88, 89, 186 and Paragraph 2 of Art. 190; also Arts. 955 and 987 (1) of the German Civil Code.)

Article 190.

• [I] A possessor in bad faith is under obligation to restore the fruits and compensate the value of the fruits which have been consumed, damaged through his fault, or which he has neglected to reap.
• [II] The provisions of the preceding Paragraph apply correspondingly to the possessor by force (violence) or in secret.

《References by de Becker》

• (In reference vide Arts. 88, 89, 186, and 709; also Arts. 987 (2), 989 and 990 of the German Civil Code.)

Article 191.

• When the thing possessed is lost or damaged from a cause for which the possessor is responsible, the possessor, if in bad faith, is under obligation to compensate the damages in their entirety vis-a-vis the person who recovers it, or, in good faith, in so far as he is actually enriched through the loss or damage. But a possessor without the intention of holding as owner is required to compensate the damages in their entirety even when he is in good faith.

《References by de Becker》

• (In reference vide Arts. 121 , 415, and 709.)

Article 192.

• A person who peacefully and publicly commences the possession of a movable immediately acquires the right exercised over the movable, if he is in good faith and faultless.

《References by de Becker》

• (In reference vide Arts. 193, 194, and 195 and the Law concerning the operation of the Civil Code, Art. 39; also Arts. 932 and 1207 of the German Civil Code.)

Article 193.

• In case of the preceding Article, if the thing possessed is a stolen or lost article, the sufferer or loser can demand from the possessor the recovery of the thing within two years from the time of the theft or loss.

《References by de Becker》

• (In reference vide Arts. 194 and 192; also Arts. 935 and 1006 of the German Civil Code.)

Article 194.

• When a possessor has purchased an article stolen or lost, in good faith, at auction or in a public market or of a trader dealing in similar things, the injured party or loser cannot reclaim such thing unless he reimburses the price paid for it by the possessor.

《References by de Becker》

• (In reference vide Art. 193; also Art. 935 (2) of the German Civil Code.)

Article 195.

• A person who possesses an animal, other than a domestic animal, formerly kept by another person acquires the right exercised over the animal, if he was in good faith at the beginning of the possession and if recovery is not demanded by the owner of the animal within one month of the time when it escaped.

《References by de Becker》

• (In reference vide Art. 192; also Arts. 935 (2) and 960 (2) of the German Civil Code.)

Article 196.

• [I] When a possessor restores the thing possessed he can cause the person recovering it to reimburse to him the amount of money spent for the preservation of such thing and other necessary outlay. But in case the possessor has acquired the fruits, the ordinary necessary expenses must be borne by him.
• [II] With regard to the amount of money spent for the improvement of the thing possessed and other beneficial expenses, in case an increase in value still actually exists, the possessor is entitled to reimbursement either of the amount of money expended or the increase of value at the option of the person recovering. But with regard to a possessor in bad faith, a Court can, upon the demand of the party recovering, grant a reasonable period of grace for the reimbursement.

《References by de Becker》

• (In reference vide Arts. 191, and Arts. 295-302; also Arts. 994 and 996 of the German Civil Code.)

Article 197.

• Article 197.-A possessor can bring a possessory action in accordance with the provisions of the following five Articles. The same applies to a person who holds possession for another.

《References by de Becker》

• (In reference vide Art. 198-202.)

Article 198.

• When a possessor is disturbed in his possession he can demand suspension of the disturbance and compensation for damages by an action for the maintenance of possession.

《References by de Becker》

• (In reference vide Art. 201; also Art. 862 (1) of the German Civil Code.)

Article 199.

• When a possessor is in danger of being disturbed in his possession, he can demand either the prevention of the disturbance or security for compensation for damages by bringing an action for the preservation of possession.

《References by de Becker》

• (In reference vide Art. 201.)

Article 200.

• [I] When a possessor is forcibly dispossessed, he can demand the restoration of the thing and compensation for damages by an action for the recovery of possession.
• [II] An action for the recovery of possession cannot be brought against a special successor of the usurper unless the successor had knowledge of the fact of usurpation.

《References by de Becker》

• (In reference vide Art. 201; also Art. 861 (1) of the German Civil Code.)

Article 201.

• [I] An action for the maintenance of possession must be brought during the continuance of the disturbance or within one year after it has ceased to exist. But in case damage has been caused to the thing possessed owing to works (constructions), the action cannot be brought when one year has elapsed from the commencement of the works, or after such works have been completed.
• [II] An action for the preservation of possession can be brought so long as the danger of disturbance exists; but when it is apprehended that damages may be caused to the thing possessed owing to works (constructions) the proviso of the preceding Paragraph applies correspondingly.
• [III] An action for the recovery of possession must be brought within one year from the time of usurpation.

《References by de Becker》

• (Vide Art. 864 (1) of the German Civil Code.)

Article 202.

• [I] A possessory action and a petitory action do not interfere with each other.
• [II] A possessory action cannot be adjudged upon grounds relating to the principal right.

《References by de Becker》

• (In reference vide Arts. 198-200 and the Code of Civil Procedure Art. 191.)