Book3 Chapter02 Title01 Part03

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 II. Contracts.

Title I. General Provisions.

Article 540.

• [I] If in virtue of a contract or by the provisions of the law, one of the parties concerned has the right of rescission, rescission is effected by an expression of intention to the other party.
• [II] The expression of intention of the preceding Paragraph cannot be annulled.

《References by de Becker》

• (In reference vide Art. 97; also Art. 349 of the German Civil Code.)

Article 541.

• If one party does not perform his obligation, the other party may fix a reasonable period of time and demand performance within such period; and if the contract is not performed within that period of time the other party may rescind it.

《References by de Becker》

• (In reference vide Arts. 414 and 415; also Arts. 326 (1) and 360 of the German Civil Code.)

Article 542.

• If, according to the nature of the contract or to an intention expressed by the parties, the object with which the contract has been concluded cannot be attained unless it is performed at a fixed date or within a fixed period of time, if the date or the period of time has passed without one of the parties having made performance, the other party may at once rescind the contract without making the notification of the preceding Article.

《References by de Becker》

• (In reference vide Art. 541; also Art. 361 of the German Civil Code.)

Article 543.

• When performance has become totally or partially impossible owing to a cause imputable to the debtor, the creditor may rescind the contract.

《References by de Becker》

• (In reference vide Arts. 415, 541 and 542; also Art. 325 of the German Civil Code.)

Article 544.

• [I] When one of the parties concerned consists of several persons, rescission of the contract can only be made by or against all the members.
• [II] In the case of the preceding Paragraph, if the right of rescission is extinguished with regard to one of the members, it is extinguished with regard to the others also.

《References by de Becker》

• (In reference vide Arts. 427 and 540; also Art. 356 of the German Civil Code.)

Article 545.

• [I] When one of the parties has exercised his right of rescission, each party is bound to restore the other party to his original state; but the rights of third persons cannot be injured.
• [II] In the case of the preceding Paragraph, the amount of money received must be restored, with interest from the day of receipt.
• [III] The exercise of the right of rescission does not affect a claim for compensation for damage.

《References by de Becker》

• (In reference vide Arts. 620, 630, 652, and 684; also Arts. 326, 327, 346 and 347 of the German Civil Code.)

Article 546.

• The provisions of Art. 533 apply correspondingly to the case of the preceding Article.

《References by de Becker》

• (In reference vide Art. 348 of the German Civil Code.)

Article 547.

• When there is no fixed period of time for the exercise of the right of rescission, the other party may allot a fixed reasonable period of time and demand that the party entitled thereto give a definite answer within the said period of time as to whether or not he intends to rescind the contract. If no notification of rescission is received within the said period of time, the right of rescission is extinguished.

《References by de Becker》

• (In reference vide Art. 540; also Art. 355 of the German Civil Code.)

Article 548.

• [I] The right of rescission is extinguished (barred) when the person entitled has, by his own act or fault, essentially damaged the thing which is the subject of the contract or has rendered the restitution thereof impossible or has changed it into a thing of a different kind by working it up or remodelling it.
• [II] If without the act or fault of the person who has the right of rescission the thing which is the subject of the contract has been lost or damaged, the right of rescission is not extinguished.

《References by de Becker》

• (In reference vide Arts. 534-536 and Art. 545, Paragraph 1; also Arts. 350 and 353 of the German Civil Code.)