Book1 Chapter01 Title04

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 I. General Provisions.

Title IV. Disappearance.

Article 25.

• [I] When a person has left his ( or her) heretofore domicile or place of residence without appointing a manager for his property, the Court may, upon the demand of any person interested, or of a public procurator, order necessary measures with regard to the management of the property. The same applies when the authority of the manager ceases during the absence of the principal.
• [II] When the principal subsequently appoints a manager, the Court must, upon the demand of the manager, any person interested, or a public procurator, annul the order.

《References by de Becker》

• (none)

Article 26.

• An absent person having appointed manager, if it is uncertain whether such absent person is alive or dead, the Court may, upon the demand of any person interested, or of a public procurator, appoint a substitute manager.

《References by de Becker》

• (none)

Article 27.

• [I] A manager appointed by the Court in accordance with the provisions of the preceding two articles is required to prepare an inventory of the property to be managed by him. The expenses thereof are to be paid out of the property of the absent person.
• [II] When it is not certain whether an absent person is alive or dead the Court may also , upon the demand of any interested person, or a public procurator, order the manager appointed by the absent person to observe the procedure of the preceding paragraph.
• [III] The Court may order the manager to take any measures other than the above which it may deem necessary for the preservation of the property of the absent person.

《References by de Becker》

• (none)

Article 28.

• When a manager deems it necessary to act in excess of the powers fixed in Art. 103, he may do so with the permission of the Court. The same applies when a manager deems it necessary to act in excess of the authority conferred upon him by an absent person in case it is uncertain whether such absent person is alive or dead.

《References by de Becker》

• (none)

Article 29.

• [I] The Court may cause a manager to deposit proper security with regard to the management and restoration (return to the owner) of the property.
• [II] The Court may award proper remuneration to a manager out of the property of the absent person, according to the relation of the manager and the absent person and to other circumstances.

《References by de Becker》

• (none)

Article 30.

• [I] When it is uncertain for seven years whether an absent person is alive or dead the Court may, on the demand of any interested person, adjudge (declare) him to have disappeared.
• [II] The same applies when it is uncertain whether a person who has been at the seat of war or on a ship which has foundered, or who has met with any other danger which might have been the cause of death, is alive or dead for three years after the cessation of the war, after the foundering of the ship, or the removal of the other danger.

《References by de Becker》

• (none)

Article 31.

• A person who has been judicially declared to have disappeared is considered as having died at the expiration of the period provided in the preceding Article.

《References by de Becker》

• (none)

Article 32.

• [I] When it is proved that a person who has disappeared is alive, or died at a time different from the time fixed in the preceding Article, the Court must annul the declaration of disappearance upon the demand of either the person himself, or any parties interested; but the validity of acts done in good faith subsequent to the declaration of disappearance, and previous to the nullification thereof, are not affected.
• [II] Although a person who has acquired property by reason of the declaration of disappearance loses the right. by the nullification thereof, he is only bound to restore such property in so far as he is actually receiving the advantage thereof (as he is still enriched by it).

《References by de Becker》

• (none)