Book2 Chapter03 Title02

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 II. REAL RIGHTS.

Chapter III. Ownership.

Title II. Acquisition of Ownership.

Article 239.

• [I] The ownership of ownerless movables is acquired by possessing them with the intention of ownership.
• [II] Ownerless immovables belong to the ownership of the National Treasury.

《References by de Becker》

• (In reference vide Arts. 186 and 185; also Arts. 958 and 928 (2).)

Article 240.

• The ownership of a lost article is acquired by the finder if the owner is not ascertained within one year after a public notification has been made in accordance with the provisions of special laws.

《References by de Becker》

• (In reference vide Art. 193; Law Relative to Lost Articles (Law No. 87, year 1899) and the Law Concerning the Operation of the Civil Code, Art. 40; also Arts. 965 and 973 of the German Civil Code.)

Article 241.

• The ownership of hidden treasure is acquired by the finder when the owner is not ascertained within six months after public notification has been made in accordance with the provisions of special laws. But with regard to hidden treasure discovered in a thing belonging to another person, the ownership is acquired by the finder and the owner of the thing share and share alike.

《References by de Becker》

• (In reference vide the Law Relative to Lost Articles (Law No. 87, the year 1899) and the Law Concerning the Operation of the Civil Code Arts. 40 and 41; also Art. 984 of the German Civil Code.)

Article 242.

• The owner of an immovable acquires the ownership of a thing which has been attached thereto as its accessory; but this does not affect the right of another person who has attached the thing by virtue of a title.

《References by de Becker》

• (In reference vide Arts. 269, 279, 598 and 618 and the Law Concerning the Operation of the Civil Code Art. 42.)

Article 243.

• When several movable things belonging to different owners are so joined to each other that they can no longer be separated without damage, the ownership of the composite thing belongs to the owner of the principal movable. The same applies when separation would entail excessive expense.

《References by de Becker》

• (In reference vide Arts. 244 and 248, and the Law Concerning the Operation of the Civil Code Art. 42; also Art. 947 (2) of the German Civil Code.)

Article 244.

• If the distinction of principal and accessory cannot be made between the joined movables, the owners of movables jointly own the composite thing in proportion to the respective values of the separate things at the time of adjunction.

《References by de Becker》

• (In reference vide Arts. 248 and 249-262 and the Law Concerning the Operation of the Civil Code, Art. 42 ; also Art. 947 (1) of the German Civil Code.)

Article 245.

• The provisions of the preceding two Articles apply correspondingly when things belonging to different owners are mixed together so as to be no longer distinguishable from each other.

《References by de Becker》

• (In reference vide Arts. 243, 244 and 248 and the Law Concerning the Operation of the Civil Code, Art. 42 ; also Art. 948 of the German Civil Code.)

Article 246.

• [I] When a person has applied work to a movable thing belonging to another person, the ownership of the thing so worked up belongs to the owner of the material thereof; but when the value of the workmanship greatly exceeds the value of the material, the workman acquires the ownership of the thing.
• [II] When the workman has supplied a part of the material, he acquires the ownership of the thing only when the value of the material supplied by him, added to the value of the workmanship, exceeds the value of the material supplied by the other person.

《References by de Becker》

• (In reference vide Arts. 247 and 248 and the Law Concerning the Operation of the Civil Code, Art. 42; also Art. 950 (1) of the German Civil Code.)

Article 247.

• [I] When the ownership of a thing is extinguished in accordance with the provisions of the preceding five Articles all other rights which existed in respect to such thing are also extinguished.
• [II] When the owner of the said thing becomes the exclusive owner of the thing formed by adjunction, mixture, or the application of workmanship, the rights of the preceding Paragraph exist over the new thing so formed and when he becomes a joint owner thereof, in his share of ownership.

《References by de Becker》

• (Vide Arts. 949 and 950 (2) of the German Civil Code.)

Article 248.

• Any person who has suffered a loss by reason of the application of the preceding six Articles can claim compensation in accordance with the provisions of Arts. 703 and 704.

《References by de Becker》

• (Vide Art. 951 (1) of the German Civil Code.)