Book1 Chapter04 Title03

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 IV. Juristic Acts.

Title III. Representation.

Article 99.

• [I] An expression of intention made by a representative within the scope of his authority and purporting to be done on behalf of his principal takes effect directly against the principal.
• [II] The provisions of the preceding paragraph apply correspondingly to an expression of intention made by a third person to the representative.

《References by de Becker》

• (In reference vide Art. 53.)

Article 100.

• An expression of intention made by a representative without stating that it is for his principal is deemed to have been made for himself. But when the other party knew or ought to have known that it was made for the principal, the first paragraph of the preceding Article applies correspondingly.

《References by de Becker》

• (none)

Article 101.

• [I] In case the validity of an expression of intention is affected by want of will, fraud, compulsion (coercion), knowing certain circumstances or not knowing the same through carelessness , the existence or non-existence of the fact is determined with reference to the representative.
• [II] In case a representative is entrusted to do a certain specified juristic act, if he has done the act in accordance with the orders of the principal, the latter (the principal) cannot assert the ignorance of the representative with regard to a matter which he himself knew. The same applies with regard to circumstances about which he was ignorant through his own fault and negligence.

《References by de Becker》

• (none)

Article 102.

• A representative need not be a competent person (a person possessed of full legal capacity).

《References by de Becker》

• (none)

Article 103.

• A representative whose authority is not specifically fixed only possesses authority to do the following acts:-
• (1) Acts of preservation;
• (2) Acts whose object is the utilization or improvement of things or rights which form the objects of representation, but within the limits of not changing their nature.

《References by de Becker》

• (none)

Article 104.

• The representative constituted by mandate cannot appoint a substitute representative except with the consent of the principal or under unavoidable circumstances.

《References by de Becker》

• (none)

Article 105.

• [I] When the representative appoints a substitute representative in the case of the preceding Article, he is responsible towards the principal for the appointment and supervision of such substitute.
• [II] When the representative appoints a substitute representative in accordance with the nomination of the principal, he is not responsible for the substitute representative unless he neglects to inform the principal or to dismiss the substitute representative in case he knew of the unfitness or dishonesty (untrustworthiness) of the latter.

《References by de Becker》

• (In reference vide Art. 644.)

Article 106.

• A legal (statutory) representative can appoint a substitute representative upon his responsibility; but when there are unavoidable circumstances he only bears the responsibility specified in the first paragraph of the preceding Article.

《References by de Becker》

• (In reference vide Art 55.)

Article 107.

• [I] The substitute representative represents the principal only with regard to the acts within the scope of his authority.
• [II] The substitute representative has the same rights and obligations as the representative against the principal and third persons.

《References by de Becker》

• (none)

Article 108.

• No person can be the representative of the other party with regard to one and the same juristic act nor the representative of both the parties concerned. This, however, does not apply to the performance of an obligation.

《References by de Becker》

• (none)

Article 109.

• A person who has informed a third person to the effect that he has given another person the power of representation is responsible for the acts done between the other person and the third person within the scope of such authority.

《References by de Becker》

• (none)

Article 110.

• In case the representative has done an act in excess of his authority, if a third person has just reason to believe that he has the authority so to act the provisions of the preceding Article apply correspondingly.

《References by de Becker》

• (none)

Article 111.

• [I] The powers of representation are extinguished by the following causes: -
• (1) The death of the principal;
• (2) The death, incompetency (interdiction), or bankruptcy of the representative.
• [II] Moreover, the powers of representation derived from a mandate expire with the mandate.

《References by de Becker》

• (none)

Article 112.

• The expiration of the power of representation cannot be set up against third persons acting in good faith, but it is otherwise when such third persons were ignorant of the fact through their own negligence.

《References by de Becker》

• (none)

Article 113.

• [I] When a contract is concluded as a representative of another by a person who has no power of representation it has no effect with regard to the principal unless ratified by him.
• [II] Ratification or refusal of ratification cannot be set up against the other party unless it has been made to him, except when the other party was aware of the fact.

《References by de Becker》

• (none)

Article 114.

• In the case of the preceding Article, the other party may fix a proper (reasonable) period and notify the principal to give a definite answer within the period fixed as to whether he will ratify or not. If the principal does not give a definite answer within the aforesaid fixed period, he is deemed to have refused his ratification.

《References by de Becker》

• (In reference vide Art. 19.)

Article 115.

• A contract concluded by a person who has no power of representation can be annulled by the other contracting party so long as it is not ratified by the principal. This, however, does not apply when the other party knew of the want of power of representation at the time of concluding the contract.

《References by de Becker》

• (none)

Article 116.

• Ratification has a retroactive effect as from the time of concluding the contract unless a contrary intention is expressed; but it cannot injure the rights of third persons.

《References by de Becker》

• (none)

Article 117.

• [I] When a person who has concluded a contract as the representative of another can neither prove his authority nor obtain its ratification by the principal he is responsible to the other contracting party, at the latter's option, either to execute the contract or to compensate him for damages.
• [II] The provisions of the preceding paragraph are not applicable if the other party was aware of the absence of representative authority or did not know it through his own culpable negligence, or if the person who concluded the contract as representative had himself no capacity to contract.

《References by de Becker》

• (none)

Article 118.

• The provisions of the preceding five Articles apply correspondingly to a unilateral juristic act, only when the other party, at the time of the act, consented to the person who professed to be the representative doing it without the power of representation or did not dispute his power of representation. The same applies with regard to unilateral juristic acts done vis-a-vis a person who has no power of representation with his consent.

《References by de Becker》

• (Vide German Civil Code Art. 180.)