Book3 Chapter05

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 V. Unlawful Acts or "Torts" (Delicta).

Article 709.

• A person who has intentionally or negligently violated the right of another is bound to compensate any damages resulting in consequence.

《References by de Becker》

• (In reference vide Art. 720; also Arts. 822 and 992 of the German Civil Code.)

Article 710.

• Irrespective of whether the person, liberty or honour (reputation) of another is injured property rights are violated, the person who is bound to make compensation for damage in accordance with the provisions of the preceding Article must make also compensation even for damage other than that to his property.

《References by de Becker》

• (In reference vide Art. 709 and Art. 722 Paragraph 1; also Arts. 823 and 847 of the German Civil Code.)

Article 711.

• A person who has injured the life (caused the death) of another must make compensation for damage to the father, mother, spouse (husband or wife), and children of the sufferer (person killed) even when the property rights of the latter have not been violated.

《References by de Becker》

• (In reference vide Arts. 709 and 710.)

Article 712.

• When a minor has inflicted damages on another person, he is not responsible for the damages caused by his act unless he is possessed of sufficient mental capacity to discriminate as to the consequences of his act.

《References by de Becker》

• (In reference vide Arts. 4, 20, 709, 711 and 714; also Art. 828 (2) of the German Civil Code.)

Article 713.

• A person who has, in a state of mental alienation, inflicted damages on another is not responsible for such damages unless in cases where temporary insanity has been caused intentionally or by fault.

《References by de Becker》

• (In reference vide Arts. 7, 9, 20, 709, 711, and 714; also Art. 827 of the German Civil Code.)

Article 714.

• [I] In case where, in accordance with the provisions of the preceding two Articles, an incapacitated person has no responsibility, the person whose legal duty it is to supervise him is bound to make compensation for the damages inflicted by such incapacitated person on a third party, except he (the legal supervisor) has not neglected his duties.
• [II] A person whose duty it is to supervise and control an incapacitated person in the place of the legal supervisor is likewise subject to the responsibility of the preceding Paragraph.

《References by de Becker》

• (In reference vide Arts. 712 and 713; also Art. 832 of the German Civil Code.)

Article 715.

• [I] A person who has employed another for a certain business is bound to make compensation for any damages caused to a third party by the person employed in the execution thereof, except the employer has exercised proper care in the selection and appointment of the person employed and in the supervision of the business, or when the damages could not have been avoided even by proper care and attention.
• [II] A person charged with the supervision of the business in place of the employer is likewise bound to bear the responsibility of the preceding Paragraph.
• [III] The provisions of the preceding two Paragraphs do not prevent the exercise of the claim for reimbursement (the right of recourse) of the employer or the supervisor against the person employed.

《References by de Becker》

• (In reference vide Arts. 709 and 716; also Arts. 831 and 840 (2) of the German Civil Code.)

Article 716.

• A person ordering work (an employer) is not bound to make compensation for damages caused to a third person by a contractor in the course of the execution of the work ordered, unless the orderer has been in fault (guilty of negligence) in respect to his order or instructions.

《References by de Becker》

• (In reference vide Art. 709.)

Article 717.

• [I] When damages have been caused by the defective construction or insufficient maintenance of structures on land, the possessor of such structures is bound to compensate the injured party for any damage arising therefrom. But when the possessor has exercised due care and attention for the purpose of avoiding the occurrence of the damage, the owner must make compensation.
• [II] The provisions of the preceding Paragraph apply correspondingly to defects in the planting or support of trees and bamboos.
• [III] In the case of the preceding two Paragraphs, if there is also some other person who is responsible for the cause of the damage, the possessor or the owner may exercise his right of claim for reimbursement (right of recourse) against him.

《References by de Becker》

• (In reference vide Arts. 709, 606 and 615; also Arts. 836 to 838 and Art. 840 (3) of the German Civil Code.)

Article 718.

• [I] The possessor of an animal is bound to make compensation for any damage inflicted by such animal on another person, unless he has exercised proper care in keeping the animal in view of its class and nature.
• [II] The person who keeps the animal in place of the possessor is also responsible under the preceding Paragraph.

《References by de Becker》

• (In reference vide Arts. 708, 714 and 715; also Arts. 833 and 834 of the German Civil Code.)

Article 719.

• [I] When damages have been caused to another person by an unlawful act committed in common by several persons, they are all jointly bound to make compensation therefore. The same rule applies if it cannot be discovered which of the several participants has actually inflicted the damages.
• [II] Instigators and accomplices are considered as joint-doers.

《References by de Becker》

• (In reference vide Art. 709; also Arts. 830 and 840 of the German Civil Code.)

Article 720.

• [I] A person who has unavoidably committed a harmful act in order to protect the rights of himself or of a third person against an unlawful act of another is not bound to compensate the damage caused; but this does not prevent the injured party from demanding compensation for damage against the person who committed the unlawful act.
• [II] The provisions of the preceding Paragraph apply correspondingly in case a thing belonging to another person has been injured or destroyed in order to avert imminent danger threatening from it.

《References by de Becker》

• (In reference vide Art. 709; also Arts. 227 and 228 of the German Civil Code.)

Article 721.

• A child en ventre sa mere is regarded as already borne with regard to the right of claiming compensation for damage.

《References by de Becker》

• (In reference vide Art. 1; also Arts. 844 (2), 846 and 847 of the German Civil Code.)

Article 722.

• [I] The provisions of Art. 417 apply correspondingly to compensation for damage caused by unlawful acts.
• [II] If the injured person is in fault, the Court may take this fact into consideration when determining the amount compensation.

《References by de Becker》

• (In reference vide Art. 417; also Arts. 846 and 847 of the German Civil Code.)

Article 723.

• Against a person who has injured the honour (reputation ) of another the Court may, upon the demand of the injured party, order suitable measures to be adopted for the recovery of his honour (reputation) instead of, or together with, compensation for damage.

《References by de Becker》

• (none)

Article 724.

• The claim for compensation for any damage arising from an unlawful act is extinguished by prescription when it has not been exercised for three years from the time when the injured party or his legal representative has knowledge of the damage and of the identity of its author. The same applies when twenty years have elapsed from the time of the commission of the unlawful act.

《References by de Becker》

• (In reference vide Arts. 166 and 167; also Art. 852 (1) of the German Civil Code.)