Book1 Chapter06 Title01

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 I. General Provisions.

Article 144.

• The effect of prescription is retroactive as from the day on which it commences to run.

《References by de Becker》

• (In reference vide Art. 166; Art. 224 of the German Civil Code.)

Article 145.

• The Court can render no judgment on the ground of prescription unless it is claimed by the party concerned.

《References by de Becker》

• (In reference vide Arts. 423, 424, 439, and 458; Art. 222 (1) of the German Civil Code.)

Article 146.

• The benefit of prescription cannot be renounced (waived) in advance.

《References by de Becker》

• (In reference vide Explanation of Art. 90; Art. 225 of the German Civil Code.)

Article 147.

• Prescription is interrupted by any of the following causes: -
• (1) A demand;
• (2) Attachment, provisional attachment, or provisional disposition;
• (3) Acknowledgment.

《References by de Becker》

• (none)

Article 148.

• The causes of interruption of prescription mentioned in the preceding Article only have effect as between the parties concerned and their successors.

《References by de Becker》

• (In reference vide Arts. 284, 434, 457 and 458; Art. 941 of the German Civil Code.)

Article 149.

• A judicial demand does not have the effect of interruption in case the action is dismissed or withdrawn.

《References by de Becker》

• (Vide Art, 212 (2) of the German Civil Code.)

Article 150.

• An order for payment does not have the effect of interrupting prescription when litispendence loses its effect.

《References by de Becker》

• (Vide Art, 213 of the German Civil Code.)

Article 151.

• A summons for the purpose of effecting an amicable settlement does not operate to interrupt prescription , if the other party does not appear, or if an amicable settlement is not agreed to , and no action is brought within one month. The same applies when an amicable settlement is not agreed to, in case of the voluntary appearance of the parties.

《References by de Becker》

• (Art. 378 of the Code of Civil Procedure.)

Article 152.

• Participation in bankruptcy procedure does not have the effect of interrupting prescription if the creditor cancels it or if the demand is rejected and dismissed.

《References by de Becker》

• (Vide Art. 214 of the German Civil Code.)

Article 153.

• A notification does not have the effect of interrupting prescription, unless within six months a judicial demand is made, or a summons issued with a view to attempting an amicable settlement, or the parties put in a voluntary appearance for the same purpose, or bankruptcy proceedings are participated in , or an attachment, provisional attachment, or a provisional disposition is made.

《References by de Becker》

• (none)

Article 154.

• An attachment, a provisional attachment or a provisional disposition does not have the effect of interrupting prescription , when it is annulled upon the application of the party entitled or owing to its non-compliance with the provisions of law.

《References by de Becker》

• (Vide Art. 216 of the German Civil Code.)

Article 155.

• An attachment, a provisional attachment and a provisional disposition do not have the effect of interrupting prescription when they are not made against the person who benefits by the prescription until after the notification has been given to him.

《References by de Becker》

• (none)

Article 156.

• In order to make an acknowledgment which has the effect of interrupting prescription, it is not necessary to have capacity or the authority to dispose in regard to the rights of the other party.

《References by de Becker》

• (In reference vide Art. 103.)

Article 157.

• [I] Prescription which is interrupted recommences to run again at the moment when the cause of interruption ceases.
• [II] Prescription which is interrupted by a judicial demand recommences to run at the moment the judgment becomes final and conclusive.

《References by de Becker》

• (Vide Arts. 211, 215, 217 and 942 of the German Civil Code.)

Article 158.

• When within six months previous to the maturity of the period of time for prescription, a minor or an incompetent (interdicted ) person is without a legal representative, the prescription is not completed against him until the expiration of six months calculated from the time he acquires legal capacity, or from the time his legal representative enters upon his functions.

《References by de Becker》

• (German Civil Code Arts. 206 and 939.)

Article 159.

• [I] With regard to the rights of an incapacitated person against his father, mother, or guardian, who manages his property, prescription is not completed until the expiration of six months after the person becomes a person of full capacity or the subsequently appointed legal representative enters upon his duties.
• [II] The same applies until the expiration of six months calculated from the dissolution of the marriage with regard to the rights of the wife against her husband.

《References by de Becker》

• (Vide Art. 204 of the German Civil Code.)

Article 160.

• With regard to inherited property prescription is not completed until six months after the time when the heir is determined, a manager appointed, or an adjudication of bankruptcy made.

《References by de Becker》

• (Vide Arts. 207 and 939 of the German Civil Code.)

Article 161.

• If prescription cannot be interrupted at the time when the period of time for prescription would mature owing to a natural calamity or other unavoidable accident, prescription is not completed until two weeks after the time that the obstruction ceases to exist.

《References by de Becker》

• (Vide Art. 203 of the German Civil Code.)