Book1 Chapter04 Title05
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 V. Conditions and Limitation of Time.
Article 127.
- [I] Juristic acts subject to a condition precedent take effect on fulfilment of the condition.
- [II] Juristic acts subject to a condition subsequent lose their effects on fulfilment of the condition.
- [III] When the parties concerned have expressed an intention that the effect of the fulfilment of the condition shall become operative as from previous to the fulfilment, such intention is to be followed.
《References by de Becker》
- (none)
Article 128.
- Each party to a juristic act subject to a condition must not, while the condition is pending, do anything calculated to impair or injure the advantages which the other party is to derive from the fulfilment of the said condition.
《References by de Becker》
- (In reference vide Arts. 129 and 535; German Civil Code Art. 160.)
Article 129.
- The rights and obligations (duties) of the parties concerned can during the pendency of the condition, be disposed of, inherited, preserved (protected), or secured in accordance with the general provisions.
《References by de Becker》
- (In reference vide Arts. 166 and 423.)
Article 130.
- If the party to whose disadvantage the fulfilment of the condition would operate has intentionally prevented fulfilment of the condition, the other party may deem the condition as having been fulfilled.
《References by de Becker》
- (Vide German Civil Code Art. 162.)
Article 131.
- [I] In case the condition has been already fulfilled at the time of doing a juristic act, the said act is deemed to be unconditionally valid if the condition is precedent, and void if the condition is subsequent.
- [II] In case the non-fulfilment of the condition is certain at the time of doing the juristic act, such act is deemed to be null and void if the condition is precedent and unconditionally valid if the condition is subsequent.
- [III] In the cases of the preceding two paragraphs the provisions of Arts. 128 and 129 apply correspondingly so long as the parties concerned do not know of the fulfilment of the condition or of the impossibility of fulfilment.
《References by de Becker》
- (none)
Article 132.
- A juristic act subject to an unlawful condition is void. The same applies to one the condition of which consists of not doing an unlawful act.
《References by de Becker》
- (In reference vide Art. 90.)
Article 133.
- [I] A juristic act subject to an impossible condition precedent is void.
- [II] A juristic act subject to an impossible condition subsequent is deemed to be an unconditional act.
《References by de Becker》
- (Vide Art. 308 of the German Civil Code.)
Article 134.
- A juristic act subject to a condition precedent is void if the condition depends entirely upon the will of the debtor.
《References by de Becker》
- (none)
Article 135.
- [I] When a date (time) of commencement is annexed to a juristic act, the performance thereof cannot be demanded until the arrival of the date ( time ) provided.
- [II] When a date (time) of ending is annexed to a juristic act the effect of such act is extinguished upon the arrival of the said date (time).
《References by de Becker》
- (In reference vide Arts. 138, 422 and 573; also Art. 163 of the German Civil Code.)
Article 136.
- [I] A time of commencement and ending is presumed to be fixed for the benefit of the debtor.
- [II] The benefit of a time of commencement and ending may be renounced (waived) but the interest of the other party may not be injured thereby.
《References by de Becker》
- (Vide Art. 271 (2) of the German Civil Code.)
Article 137.
- In any of the following cases the debtor cannot assert the benefit of a time of commencement and ending: -
- (1) When the debtor is declared bankrupt;
- (2) When the debtor has destroyed or decreased the security;
- (3) When the debtor has not given security in case he was under obligation to furnish it.
《References by de Becker》
- (In reference vide Paragraph 2 of Art. 166; also Art. 137 of the German Civil Code.)
