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Created page with "= 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]..."
 
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= JAPANESE CIVIL CODE OF 1896 =
= 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: [https://books.google.co.th/books?id=IJ89AQAAIAAJ&printsec=frontcover&hl=th&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false Volume 1], [https://books.google.co.th/books?id=-5hBAAAAYAAJ&printsec=frontcover&hl=th&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false Volume 2], [https://www.google.co.th/books/edition/Annotated_Civil_Code_of_Japan/7_oqAQAAMAAJ?hl=th&gbpv=0 Volume 3], [https://www.google.co.th/books/edition/Annotated_Civil_Code_of_Japan/3_8qAQAAMAAJ?hl=th&gbpv=0 Volume 4]]
* '''''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 [https://archive.org/details/cu31924025036025/mode/2up Archive.org]]
* '''''"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]


* [[明治29年法律第89号|Original Version in Japanese.]]
* [[明治29年法律第89号|Original Version in Japanese.]]

Latest revision as of 06:16, 8 November 2024

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]

BOOK III. OBLIGATIONS (or CLAIMS).

Chapter I. General Provisions.

Title V. Extinction of Obligations.

Part III. Novation (Novatio).
Article 513.
  • [I] When the parties concerned have concluded a contract changing the essential elements of an obligation, such obligation is extinguished by novation.
  • [II] If a conditional obligation is made unconditional, or a condition is added to an unconditional obligation, or if a condition is changed, it is regarded as a change of an essential element of such obligation. The same applies when a bill of exchange is issued instead of performance of an obligation.

《References by de Becker》

  • (In reference vide Arts. 430, 435 and 458.)
Article 514.
  • A novation by a change of the debtor may be effected by a contract between the creditor and the new debtor, but this cannot be done against the will of the old (original) debtor.

《References by de Becker》

  • (In reference vide Art. 474.)
Article 515.
  • Novation by a change of the creditor cannot be set up against third persons, unless it is made by means of a document bearing an authenticated date.

《References by de Becker》

  • (In reference vide Art. 467.)
Article 516.
  • The provisions of No. 1 of Art. 468 apply correspondingly to a novation by a change of the creditor.

《References by de Becker》

  • (none)
Article 517.
  • If the obligation resulting from a novation does not come into existence, or is annulled owing to an illegal origin (ground) , or to a reason unknown to the parties concerned, the old (original) obligation is not extinguished.

《References by de Becker》

  • (none)
Article 518.
  • The parties concerned in a novation can transfer to the new obligation a right of pledge or mortgage furnished as the security for the original obligation within the limits of the subject of such original obligation; but in case it has been furnished by a third person, his consent must be obtained.

《References by de Becker》

  • (none)