Book1 Chapter06 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 I. GENERAL PRINCIPLES.

Chapter VI. Prescription.

Title III. Extinctive Prescription.

Article 166.

• [I] Extinctive prescription commences to run from the moment when the exercise of the right becomes possible.
• [II] The provisions of the preceding paragraph do not prevent acquisitive prescription from commencing to run from the time of possession, in favour of a third person who possesses the object of a right subject to a time of commencement or to a condition precedent, but the owner of the right can at any time demand an acknowledgment from the possessor in order to interrupt prescription.

《References by de Becker》

• (In reference vide Paragraph 1 of Art. 127, Paragraph 1 of Art. 135, Arts. 185, 291, 300, 397 and 724 ; also Art. 198 of the German Civil Code.)

Article 167.

• [I] An obligation is extinguished if it is not exercised for ten years.
• [II] Property rights other than obligations and ownership are extinguished if not exercised for twenty years.

《References by de Becker》

• (In reference vide Arts. 291 , 289, 295, 300, 303, 347 , 396, and 397; also Arts. 194 and 195 of the German Civil Code.)

Article 168.

• [I] Obligations of periodical payments are extinguished if not exercised for twenty years from the time for the first payment. The same applies when they are not exercised for ten years from the time for the last payment.
• [II] The creditor of an obligation of periodical payments can demand from the debtor a written acknowledgment at any time in order to obtain proof of the interruption of prescription.

《References by de Becker》

• (In reference vide No. 3 of Art. 147 and Art. 689 et seq; also Art. 197 of the German Civil Code.)

Article 169.

• Obligations of which the object is payment or delivery (prestation) of money or other things fixed by the year or a shorter period of time are extinguished if not exercised for five years.

《References by de Becker》

• (none)

Article 170.

• The obligations mentioned below are extinguished if not exercised for three years.
• (1) Obligations relating to physicians, mid-wives, and pharmacists (apothecaries) for attendance (treatment), services, and medicines;
• (2) Obligations relating to the work of technical experts (engineers, architects, etc.), carpenters, and contractors; but in this case prescription commences to run when the works they have undertaken are finished.

《References by de Becker》

• (Vide Art. 196 of the German Civil Code.)

Article 171.

• Lawyers, after the lapse of three years from the conclusion of the suits, and public notaries and bailiffs (process-servers) after the lapse of three years from the time of execution of their professional duties, are exempted from responsibility with regard to documents which they have received in the exercise of their professions.

《References by de Becker》

• (Vide Art. 196 of the German Civil Code.)

Article 172.

• Obligations relating to the professional duties of lawyers, public notaries, and bailiffs (process-servers) are extinguished if not exercised for two years from the conclusion of the matters which form the cause thereof. But, even within the said term, when five years have elapsed from the termination of each particular fact in such matter, the obligation is extinguished with regard to such fact.

《References by de Becker》

• (Vide German Civil Code Art. 196.)

Article 173.

• The obligations mentioned below are extinguished if they are not exercised for two years: -
• (1) The prices of produce and merchandise sold by producers, wholesale traders or retail traders;
• (2) Obligations relating to the services of artisans working at home and manufacturers;
• (3) Obligations of proprietors of schools or boarding schools, or of masters or teachers relating to the charges for the education, clothing, board and lodging of pupils and apprentices.

《References by de Becker》

• (Vide German Civil Code Art. 196.)

Article 174.

• The obligations mentioned below are extinguished if not exercised for one year: -
• (1) The salaries of employees fixed by the month or a shorter period of time;
• (2) The wages of laborers and public performers and the prices of things supplied by them;
• (3) Freight;
• (4) Charges for lodging, food and drinks , charges for the hire of rooms and seats, admittance fees, prices of articles for consumption and advances of money in inns, restaurants, hired rooms and places of amusement;
• (5) Hire of movables.

《References by de Becker》

• (Vide German Civil Code Art. 196.)