Book2 Chapter05

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 V. Emphyteusis.

Article 270.

• An emphyteuta has, in consideration of a rent, the right of carrying on agriculture or stock-farming on the land of another person.

《References by de Becker》

• (In reference vide Arts. 278 and 601.)

Article 271.

• The emphyteuta may not make any alteration of the land which will cause permanent damage thereto.

《References by de Becker》

• (none)

Article 272.

• The emphyteuta may, unless prohibited by the act of creation, transfer his right or let the land for agricultural or stock-farming purposes so long as his right continues.

《References by de Becker》

• (In reference vide Art. 601.)

Article 273.

• With regard to the obligations of an emphyteuta, the provisions relating to letting and hiring apply correspondingly in addition to those which are fixed in the provisions of the present Chapter and the act of creation.

《References by de Becker》

• (In reference vide Arts. 613-615.)

Article 274.

• An emphyteuta may not demand the total or partial remission of the rent even when a loss of profits has been suffered in consequence of vis major.

《References by de Becker》

• (In reference vide Art. 609.)

Article 275.

• An emphyteuta may surrender his right when there have been absolutely no profits for at least three years consecutively in consequence of vis major or when the profits have amounted to less than the rent for at least five years.

《References by de Becker》

• (In reference vide Art. 610 and the Law Concerning the Operation of the Civil Code, Art. 46.)

Article 276.

• When an emphyteuta has failed to pay the rent for at least two consecutive years or has been adjudged bankrupt the landowner may demand the extinction of the emphyteusis.

《References by de Becker》

• (In reference vide Art. 621 and the Law Concerning the Operation of the Civil Code, Art. 46.)

Article 277.

• Should there be a custom differing from the provisions of the preceding six Articles, such custom is to be followed.

《References by de Becker》

• (none)

Article 278.

• [I] The period of time for duration of an emphyteusis is fixed at not less than twenty years and not more than fifty years. If an emphyteusis is created for a period of time exceeding fifty years the period of time is reduced to fifty years.
• [II] The creation of an emphyteusis may be renewed, but its period of duration may not exceed fifty years from the time of renewal.
• [III] When the period of time for duration of an emphyteusis is not fixed by the act of creation, its period of time is fixed at thirty years unless there is a special custom.

《References by de Becker》

• (In reference vide Art. 268, the Law Concerning the Operation of the Civil Code, Art. 47, and Law No. 71 the year 1900.)

Article 279.

• The provisions of Art. 269 apply correspondingly to emphyteuses.

《References by de Becker》

• (none)