Book1 Chapter04 Title02
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 IV. Juristic Acts.
Title II. Expression of Intention.
Article 93.
- The validity of an expression of intention is not affected on account of the person expressing intention having made it knowing that it was not his true intention. Such an expression of intention is however null and void when the other party knew, or ought to have known, his true intention.
《References by de Becker》
- (none)
Article 94.
- [I] A fictitious expression of intention made by one of the parties in collusion with the other party is invalid.
- [II] The invalidity of the expression of intention mentioned in the preceding paragraph cannot be set up against a third person acting in good faith.
《References by de Becker》
- (In reference ride Arts. 119 and 708.)
Article 95.
- An expression of intention is invalid when there is a mistake in the essential element of the juristic act. But when there is serious fault (culpable negligence) on the part of the person expressing intention he himself cannot assert such invalidity.
《References by de Becker》
- (In reference vide Art. 119.)
Article 96.
- [I] An expression of intention made as the result of fraud or compulsion can be annulled.
- [II] When, with regard to an expression of intention to a certain person, a third person has committed a fraud, such expression of intention can only be annulled when the other party was cognizant of the fact.
- [III] The nullification (avoidance) of an expression of intention owing to fraud cannot be set up against a third person acting in good faith.
《References by de Becker》
- (In reference vide Art. 120 et seq.)
Article 97.
- [I] An expression of intention made to a person at a distance takes effect when the notification thereof reaches the other party.
- [II] Even though the person expressing intention dies or loses capacity subsequent to the despatch of the notification the validity of the expression of intention is not affected thereby.
《References by de Becker》
- (In reference vide Arts. 428, 525, 526, and 529 et seq.)
Article 98.
- Article 98. When the other party to an expression of intention was a minor or an incompetent (interdicted) person when he received it, such expression cannot be set up against him until after his legal representative has cognizance thereof.
《References by de Becker》
- (none)
