Book2 Chapter03 Title03

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 III. Ownership.

Title III. Joint Ownership.

Article 249.

• Each joint owner may use, in proportion to his share, the whole of the common property.

《References by de Becker》

• (In reference vide Arts. 263 and 264; also Art. 743 of the German Civil Code.)

Article 250.

• The shares of the different joint owners are presumed to be equal.

《References by de Becker》

• (In reference vide Arts. 249, 253, 255, and 261; also Art. 742 of the German Civil Code.)

Article 251.

• None of the joint owners may make any alteration to the common property without the consent of the other joint owners.

《References by de Becker》

• (Vide Art. 745 (3) of the German Civil Code.)

Article 252.

• Matters relating to the management of common property are, excepting in the case of the preceding Article, decided by a vote of the majority, each joint owner having the number of votes proportionate to the value of his share, but acts of preservation may be done by either of the joint owners.

《References by de Becker》

• (Vide Arts. 744 and 745 (1) the German Civil Code).

Article 253.

• [I] Each joint owner is bound to pay the expenses of management and the other charges of the common property in proportion to his share.
• [II] If the obligations of the preceding paragraph are not performed within one year, the other joint owners can acquire his share (the share of the party in default) upon payment of suitable compensation.

《References by de Becker》

• (In reference vide Art. 250; also Art. 748 of the German Civil Code.)

Article 254.

• An obligation which one of the joint owners possesses with regard to the common property against another joint owner may also be exercised against the latter's singular successor.

《References by de Becker》

• (In reference vide Art. 256.)

Article 255.

• When one of the joint owners renounces his share or dies without an heir, his share reverts to the other joint owners.

《References by de Becker》

• (none)

Article 256.

• [I] Each joint owner can at any time demand the partition of the common property, but a contract may be concluded not to partition it for a period not exceeding five years.
• [II] The said contract can be renewed , but the period of time must not exceed five years from the time of the renewal.

《References by de Becker》

• (In reference vide the Law Concerning the Operation of the Civil Code, Art. 43; also Arts. 749 and 750 of the German Civil Code.)

Article 257.

• The provisions of the preceding Article do not apply to the common property mentioned in Arts. 208 and 229.

《References by de Becker》

• (none)

Article 258.

• [I] Partition may be demanded by way of an application to a Court if an agreement cannot be arrived at among the joint owners.
• [II] In the case of the preceding paragraph, if the thing itself cannot be partitioned or if it is apprehended that a considerable depreciation of the value of the common property will take place in consequence of the division, a Court may order its sale by auction.

《References by de Becker》

• (Vide Arts. 752 and 753 of the German Civil Code.)

Article 259.

• [I] When one of the joint owners has claims against the other joint owners with regard to the joint ownership, the debtor can be caused to perform the obligation out of that part of the common property which is due to him at the time of the partition.
• [II] When it is necessary for obtaining such performance to sell that part of the common property due to the debtor, the creditor can demand the sale thereof.

《References by de Becker》

• (In reference vide Arts. 253 and 254; also Arts. 755 and 756 of the German Civil Code.)

Article 260.

• [I] A person who has rights in respect to the common property, and the creditors of each joint owner, may intervene at their own expense in the partition thereof.
• [II] When partition has been made without waiting for the intervention notwithstanding the demand for the same in accordance with the provisions of the preceding Paragraph, the partition cannot be set up against the person who has demanded the intervention.

《References by de Becker》

• (none)

Article 261.

• Each joint owner in proportion to his share bears a responsibility of warranty similar to that of a seller with regard to the things which the other joint owners have acquired by the division.

《References by de Becker》

• (In reference vide Arts. 559-572; also Art. 757 of the German Civil Code.)

Article 262.

• [I] When the partition is concluded each joint participant must preserve all documents relating to the thing which he has received.
• [II] Documents relating to the thing partitioned among all or several the joint owners must be preserved by the person who has received the largest portion of the thing.
• [III] In the case of the preceding paragraph if there is no person who has received a larger portion, the joint participants must, by mutual agreement, determine the person who is to preserve the documents, and if they are unable to agree he is nominated by the Court.
• [IV] The custodian of the documents must permit the other parties to use the documents upon demand.

《References by de Becker》

• (In reference vide Code of Civil Procedure, Arts. 336 and 343 and the Law Concerning Procedure in Non-Contentious Matters, Art. 80.)

Article 263.

• With regard to an iriai-ken which has the nature of joint ownership, the provisions of the present Section apply in addition to the local customs of each district.

《References by de Becker》

• (In reference vide Art. 294.)

Article 264.

• The provisions of the present Section apply correspondingly to cases where property rights other than ownership are owned by several persons unless otherwise provided by special provisions in laws and ordinances.

《References by de Becker》

• (In reference vide Arts. 428 and 429.)