Book2 Chapter02 Title01
From Reference Codes Japanese CC
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]
BOOK II. REAL RIGHTS.
Chapter II. Possessory Rights.
Title I. Acquisition of Possessory Rights.
Article 180.
- Possessory rights are acquired by holding things with the intention of so doing on one's own account.
《References by de Becker》
- (In reference vide Art. 85, and Art. 38 of the Law concerning the operation of the Civil Code; also Art. 854 (1) of the German Civil Code.)
Article 181.
- Possessory rights can be acquired through a representative.
《References by de Becker》
- (In reference vide Arts. 99, 100, 103, and 204.)
Article 182.
- [I] Transfers of possessory rights are effected by the delivery of the things possessed.
- [II] When the transferees and their representatives actually hold the things possessed, the transfers of possessory rights can be made by a mere expression of intention between the parties concerned.
《References by de Becker》
- (vide Art. 854 (2) of the German Civil Code.)
Article 183.
- When a representative expresses an intention that the thing possessed by himself shall thenceforward be possessed on behalf of his principal, the latter thereby acquires the possessory right.
《References by de Becker》
- (In reference vide Art. 108 and Paragraph 2 of Art. 182.)
Article 184.
- In case a thing is held through a representative, if the principal directs the representative to possess the thing on behalf of a third person in future and such third person consents thereto, he (the third person) acquires the possessory right.
《References by de Becker》
- (In reference vide Art. 104.)
Article 185.
- When, from the nature of his title, the possessor must be considered as having no intention of being an owner, the possession does not change its nature unless the possessor expresses the intention of ownership vis-a-vis the person who has put it in his possession, or re-commences the possession with the intention of ownership by a new title.
《References by de Becker》
- (In reference vide Art. 162.)
Article 186.
- [I] A possessor is presumed to possess in good faith, peacefully and publicly, and with the intention of holding as owner.
- [II] When the first and last terms of possession are proved, his possession is presumed to have continued during the interval.
《References by de Becker》
- (In reference vide Arts. 162, 163, 164, 167-174, 189, 190 and 192; also Art. 938 of the German Civil Code.)
Article 187.
- [I] A person who succeeds to a possessor can, at his option, assert either his possession only, or his possession together with that of the predecessor.
- [II] In case the possession of the predecessor is asserted together with his own he also succeeds to its defects.
《References by de Becker》
- (In reference vide Arts. 162 , 163, and 167-174 ; also Arts. 858 (2) and 943 of the German Civil Code.)
