Book1 Chapter02 Title03
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 I. GENERAL PRINCIPLES.
Chapter II. Juridical Persons.
Title III. Dissolution of a Juridical Person.
Article 68.
- [I] A juridical person is dissolved by any of the following causes:-
- (1) The coming into existence of any cause of dissolution determined by the Articles of Association or the Act of Endowment;
- (2) The completion or the impossibility of completion of the undertaking which is the object of the juridical person;
- (3) Bankruptcy;
- (4) The nullification of the permission of creation.
- [II] A juridical association is dissolved by any of the following causes besides those mentioned in the preceding Paragraph:-
- (1) The resolution of a general meeting ;
- (2) The failure of members.
《References by de Becker》
- (none)
Article 69.
- No resolution of dissolution of a juridical association can be passed without the consent of not less than three quarters of the total number of members, unless otherwise provided for in the Articles of Association.
《References by de Becker》
- (In reference vide No. 1 of paragraph 2 of Art 68.)
Article 70.
- [I] When a juridical person is found unable to fulfil its obligations the Court makes an adjudication of bankruptcy upon the demand of the managers, or any creditor, or of its own motion.
- [II] In the case of the preceding paragraph, the managers must at once make a demand for an adjudication of bankruptcy.
《References by de Becker》
- (In reference vide No. 3 of Paragraph 1 of Art. 66 and No. 5 of Art. 84.)
Article 71.
- When a juridical person has done anything outside the scope of its object, or violated the conditions under which the permission for creation was granted, or otherwise done any act injurious to the public interests, the competent authorities may annul the permission.
《References by de Becker》
- (In reference vide No. 4 of Paragraph 1 of Art. 68.)
Article 72.
- [I] The property of a dissolved juridical person goes to the persons designated by the Articles of Association or the Act of Endowment.
- [II] When the Articles of Association or the Act of Endowment neither designate nor fix the method of designating the persons to whom the right is to accrue, the managers may, with the permission of the competent authorities, dispose of the property for an object similar to that of the juridical person, but in case of a juridical association the resolution of a general meeting must be obtained.
- [III] Property which is not disposed of in accordance with the provisions of the preceding two paragraphs goes to the National Treasury.
《References by de Becker》
- (In reference vide Paragraph 2 of Art. 239.)
Article 73.
- A dissolved juridical person is deemed to continue to exist within the scope of the purpose of liquidation until the conclusion of liquidation.
《References by de Becker》
- (none)
Article 74.
- Except in the case of bankruptcy, when a juridical person is dissolved, the managers become the liquidators, unless otherwise specially provided for in the Articles of Association or in the Act of Endowment, or other liquidators are appointed by the general meeting.
《References by de Becker》
- (none)
Article 75.
- When there are no persons to be liquidators in accordance with the provisions of the preceding Article, or when loss and damage is apprehended owing to the want of liquidators, the Court may appoint liquidators on the demand of any person interested or of a public procurator or of its own motion.
《References by de Becker》
- (none)
Article 76.
- When there is any serious cause, the Court may dismiss a liquidator on the demand of any party interested or of a public procurator, or of its own motion.
《References by de Becker》
- (In reference vide Arts. 36 and 137 of the Law of Procedure in Non-Contentious Matters.)
Article 77.
- [I] Except in the case of bankruptcy, a liquidator must register his full name, domicile, and the cause and date of dissolution, and must in all cases notify the competent authorities thereof within one week of dissolution.
- [II] A liquidator who has entered upon his duties in the course of liquidation must register his full name and domicile and notify the competent authorities thereof within one week of entering upon such duties.
《References by de Becker》
- (In reference vide Nos. 1 and 4 of Art. 84 : also the Law of Bankruptcy.)
Article 78.
- [I] The duties of a liquidator are as follows:-
- (1) To complete and wind up all existing (pending) business;
- (2) The collection and performance of obligations;
- (3) The delivery of the remaining assets.
- [II] A liquidator may perform all acts necessary for executing the duties of the preceding paragraph.
《References by de Becker》
- (In reference vide Arts. 72 and 354.)
Article 79.
- [I] A liquidator must, within two months of taking up his duties, give at least three public notices to creditors to present their claims within a stated fixed period, but such a period must not be less than two months.
- [II] An additional statement to the effect that if any creditor fails to present his claim within the period fixed such claim will be excluded from the liquidation, must be made in the public notice of the preceding paragraph. But a liquidator can exclude no known creditors.
- [III] With regard to the creditors who are known, he must give them special and separate notice.
《References by de Becker》
- (In reference vide No. 6 of Art . 84.)
Article 80.
- A creditor who presents his claim subsequent to the period of the preceding Article, can only claim such property as is not yet delivered to the persons entitled after the performance of the obligations of the juridical person.
《References by de Becker》
- (none)
Article 81.
- [I] When, in the course of liquidation, it becomes clear that the property of the juridical person is insufficient for the complete performance of its obligations, the liquidator must at once demand an adjudication of bankruptcy and give public notice of the fact.
- [II] When the liquidator has delivered the affairs in liquidation to the bankruptcy administrator, his duties terminate.
- [III] In the case of this Article, the bankruptcy administrator may recover whatever may have already been paid to creditors or delivered to the persons entitled.
《References by de Becker》
- (In reference vide Nos. 5 and 6 of Art. 84.)
Article 82.
- [I] The dissolution and liquidation of a juridical person are placed under the supervision of the Court.
- [II] The Court may of its own motion make any inspection necessary for the supervision of the preceding paragraph at any time.
《References by de Becker》
- (none)
Article 83.
- When liquidation is concluded, the liquidator must notify the fact to the competent authorities.
《References by de Becker》
- (none)
