Book2 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 II. REAL RIGHTS.

Chapter IV. Superficies.

Article 265.

• A superficiary has the right of using the land of another person for the purpose of owning thereon structures or trees and bamboos.

《References by de Becker》

• (In reference vide Arts. 270 and 605; also Art. 1012 of the German Civil Code.)

Article 266.

• [I] When the superficiary has to pay a fixed periodical rent to the owner of the land the provisions of Arts . 274 and 276 apply correspondingly.
• [II] Further, with regard to the rent the provisions relating to contracts of hiring apply correspondingly.

《References by de Becker》

• (In reference vide Arts. 613 and 614.)

Article 267.

• The provisions of Arts. 209 to 238 apply correspondingly between superficiaries themselves and between a superficiary and a landowner. But the presumption of Art. 229 applies correspondingly to the superficiary only with regard to works constructed subsequent to the creation of the superficies.

《References by de Becker》

• (In reference vide Arts. 278 and 360; also Art. 1,017 of the German Civil Code.)

Article 268.

• [I] In case the period of time for duration of a superficies has not been fixed by the act of creation, the superficiary can at any time renounce his right, if there is no special custom. But when a rent is to be paid, either one year's previous notice must be given or rent for one year paid.
• [II] When the superficiary does not renounce his right in accordance with the provisions of the preceding Paragraph the Court may, on the demand of the parties concerned, determine its duration within the limits of not less than twenty and not more than fifty years after taking into consideration the nature and condition of the structures or the trees and bamboos and the circumstances existing at the time of the creation of the superficies.

《References by de Becker》

• (In reference vide Arts. 278 and 360 and the Law Concerning the Operation of the Civil Code, Art. 44.)

Article 269.

• [I] The superficiary can, when his right is extinguished, take away his structures or trees and bamboos on restoring the land to its original state; but when the owner of the land gives notice that he desires to purchase them and offers to pay their current value, the superficiary cannot refuse such offer without adequate reason.
• [II] If there is a custom different from the provisions of the preceding Paragraph, such custom is to be followed.

《References by de Becker》

• (In reference vide Art. 265.)