Book2 Chapter01

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 I. General Provisions.

Article 175.

• Real rights other than those specified in this Code and other laws cannot be originated.

《References by de Becker》

• (In reference vide Arts. 35 and 36 of the Regulations for the Application of the Civil Code.)

Article 176.

• The creation and transfer of real rights take effect from the mere expression of intention of the parties concerned.

《References by de Becker》

• (Vide Arts. 873, 875 (1) and 877 of the German Civil Code.)

Article 177.

• The acquisition and loss and alteration of real rights relating to immovables cannot be set up against third persons unless the registration is made in accordance with the provisions of the Registration Law.

《References by de Becker》

• (In reference vide Art. 37 of the Law concerning the operation of the Civil Code ; also Art. 877 of the German Civil Code.)

Article 178.

• Transfers of real rights relating movables cannot be set up against third persons unless the movables are delivered.

《References by de Becker》

• (none)

Article 179.

• [I] When the ownership of, and any other real right with regard to one and the same thing belongs to one and the same person, the real right is extinguished. This does not apply, however, when the thing or the real right is the object of a right of a third person.
• [II] When any real right, except ownership, and another right whose object consists of such real right, belong to one and the same person, such right is extinguished. The provision of the preceding Paragraph applies correspondingly to this case.
• [III] The provisions of the preceding two Paragraphs do not apply to possessory rights .

《References by de Becker》

• (Vide Arts. 889 and 1256 of the German Civil Code.)