Book3 Chapter01 Title02

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 I. General Provisions.

Title II. Effect of Obligations.

Article 412.

• [I] When there is a certain (definite) term for the performance of an obligation the debtor is responsible for delay (is in mora) from the time when the term arrives.
• [II] When there is an uncertain (indefinite) term for the performance of an obligation, the debtor is responsible for delay (is in mora) from the time he knew of the arrival of the term.
• [III] When there is no fixed term for the performance of the obligation the debtor is responsible for delay (is in mora) from the time when he has received a demand for performance.

《References by de Becker》

• (In reference vide Arts. 415, 541 and 542; also Art. 284 of the German Civil Code.)

Article 413.

• When the creditor refuses to , or cannot, accept performance of the obligation, the creditor is responsible for delay (is in mora) from the time when performance has been tendered.

《References by de Becker》

• (In reference vide Arts. 659, 494 and 497; also Art. 293 of the German Civil Code.)

Article 414.

• [I] When a debtor does not voluntarily perform the obligation, the creditor may make a demand for compulsory performance to the Court, unless the nature of the obligation does not permit it.
• [II] When the nature of the obligation does not permit of compulsory performance, if the obligation has the performance of an act for its subject, the creditor may demand the Court to cause a third person to do the same at the expense of the debtor; but with regard to an obligation which has a juristic act for its subject, a judgment may be substituted for an expression of intention by the debtor.
• [III] With regard to an obligation which has a forbearance for its subject the creditor may demand the removal of what has been done at the expense of the debtor and have proper measures adopted for the future.
• [IV] The provisions ofthe preceding three Paragraphs do not affect a demand for compensation for damages.

《References by de Becker》

• (In reference vide Art. 415 and the Code of Civil Procedure Arts. 73-76; also Arts. 249 and 251 of the German Civil Code.)

Article 415.

• When the debtor does not perform the obligation in accordance with the true intent and purpose of the same (in forma specifica), the creditor may demand compensation for accruing damage. The same applies when performance has become impossible owing to a cause attributable to the debtor.

《References by de Becker》

• (In reference vide Art. 414; also Arts. 250, 286 and 325 of the German Civil Code.)

Article 416.

• [I] The demand for damages has for its subject compensation for such damage as takes place under ordinary circumstances in consequence of the non-performance of the obligation.
• [II] The creditor may demand compensation even for such damage as arises under special circumstances, if the circumstances were foreseen, or ought to have been foreseen, by the party concerned.

《References by de Becker》

• (In reference vide Art. 252 of the German Civil Code.)

Article 417.

• The amount of damages is to be determined (assessed) in money unless there is another special expression of intention.

《References by de Becker》

• (In reference vide Arts. 251 and 253 of the German Civil Code.)

Article 418.

• If the creditor has been in fault with regard to the non-performance of the obligation, the Court shall take that fact into consideration in determining the responsibility for and the amount of damages.

《References by de Becker》

• (In reference vide German Civil Code, Art. 254.)

Article 419.

• [I] With regard to the non-performance of an obligation which has money for its subject, the amount of damages is determined by the legal rate of interest, but if the conventional rate of interest exceeds the legal rate of interest, the conventional rate governs.
• [II] With regard to the damages of the preceding Paragraph, the creditor is not bound to prove the damage, and the debtor cannot set up a plea of vis-major.

《References by de Becker》

• (In reference vide Arts. 404 and 412; also Art. 288 (1) of the German Civil Code.)

Article 420.

• [I] The parties concerned may fix in advance the amount of damages for non-performance of the obligation. In this case the Court may neither increase nor decrease the amount.
• [II] The fixing of the amount of damages beforehand does not affect the right to demand performance or rescission.
• [III] The penalty for breach of contract is presumed to be a fixing of the amount of compensation in advance.

《References by de Becker》

• (In reference vide Arts. 414, 415 , and 541-543 ; also Arts . 340 (2), 341, and 343 of the German Civil Code.)

Article 421.

• With regard to the provisions of the preceding Article, they apply correspondingly in case the parties concerned have settled in advance that something other than money shall be appropriated as compensation for damage.

《References by de Becker》

• (In reference vide Arts. 417 and 420; also Art. 342 of the German Civil Code.)

Article 422.

• When a creditor has received as compensation for damage the full value of the thing or right which is the subject of the obligation, the debtor is, by operation of law, subrogated into the position of the creditor with regard to the said thing or right.

《References by de Becker》

• (In reference vide German Civil Code, Art. 255.)

Article 423.

• [I] The creditor may, for the purpose of preserving an obligation of his own , exercise the rights belonging to the debtor, with the exception of such rights as belong exclusively and personally to the debtor.
• [II] The creditor may not exercise the rights of the preceding Paragraph pending the arrival of the due date of his obligation except by means of a judicial subrogation. This does not, however, apply to acts of preservation.

《References by de Becker》

• (In reference vide Law of Procedure in Non-Contentious Matters, Book II, Chapter 3.)

Article 424.

• [I] The creditor may demand that the Court annul any juristic act done by the debtor with the knowledge that it is injurious to the creditor; but this does not apply if the person who has profited by the act or a sub-acquirer, was not aware, at the time of the act or the sub-acquisition, of the facts which would make it injurious to the creditor.
• [II] The provisions of the preceding Paragraph do not apply to a juristic act whose subject is not a property right.

《References by de Becker》

• (In reference vide Art. 121.)

Article 425.

• Cancellation made in accordance with the provisions of the preceding Article takes effect for the benefit of all the creditors.

《References by de Becker》

• (none)

Article 426.

• The right of annulment mentioned in Art. 424 is extinguished by prescription if it is not exercised by the creditor for two years from the time when he obtained knowledge of the cause of annulment. The same applies when twenty years have elapsed from the time of the act.

《References by de Becker》

• (In reference vide Art. 167, Paragraph 2.)