Book3 Chapter04

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 IV. Unjust Enrichment.

Article 703.

• A person who, without legal ground, acquired benefit from the property or labour of another, and thereby caused a loss to the other, is bound to make restitution of such benefit in so far as it still actually exists.

《References by de Becker》

• (In reference vide Arts. 705-708; also Arts. 812, 816 and 818 of the German Civil Code.)

Article 704.

• A person who is enriched in bad faith must make restitution of the benefit received together with interest thereon, and he is bound to make compensation for any further damages.

《References by de Becker》

• (In reference vide Art. 703; also Art. 820 (2) of the German Civil Code.)

Article 705.

• When a person has made a prestation in performance of an obligation knowing at the time of the non-existence of such obligation, he cannot claim restitution of the thing prestated.

《References by de Becker》

• (In reference vide Arts. 703 and 704; also Arts. 813 (1) and 814 of the German Civil Code.)

Article 706.

• When the debtor has made a prestation in satisfaction of an obligation before it is due, restitution of the thing prestated cannot be demanded; but when the debtor has made such prestation by mistake, the creditor must make restitution of any benefit derived therefrom.

《References by de Becker》

• (In reference vide Arts. 703 and 704; also Art. 813 (2) of the German Civil Code.)

Article 707.

• [I] When a person who is not a debtor has performed an obligation by mistake, if the creditor has, in good faith, destroyed the bond, renounced (waived) the security, or lost the obligation by prescription, restitution cannot be demanded by the person who has performed.
• [II] The provisions of the preceding Paragraph do not prevent the person who has performed from exercising his claim for reimbursement (right of recourse) against the debtor.

《References by de Becker》

• (In reference vide Art. 705.)

Article 708.

• A person who has made a prestation for an illegal cause cannot claim its restitution except the illegal cause has existed only as regards the person who was thereby enriched.

《References by de Becker》

• (In reference vide Art. 703; also Arts. 762 and 817 of the German Civil Code.)