1896ja Book3 Chapter02 Title08
From Thai Codification Codes of 1925
- 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 III. OBLIGATIONS (or CLAIMS).
Chapter II. Contracts.
Title VIII. Hiring of Services (Locatio conductio operarum).
- A hiring of services takes effect when one party agrees to perform services for the other party and the latter agrees to pay him a remuneration therefor.
《References by de Becker》
- (In reference vide Art. 539; also Art. 611 of the German Civil Code.)
- [I] The servant cannot claim the remuneration until after he has finished performing the stipulated services.
- [II] Remuneration determined by periods of time cannot be claimed until after the end of each period of time.
《References by de Becker》
- (In reference vide Art. 533; also Art. 614 of the German Civil Code.)
- [I] The employer cannot transfer his rights to a third person except with the consent of the servant.
- [II] The servant cannot cause a third person to render the services in his place and stead except with the consent of the employer.
- [III] If the servant has caused a third person to perform the services contrary to the provisions of the preceding Paragraph, the employer may rescind the contract.
《References by de Becker》
- (In reference vide Art. 466; also Art. 613 of the German Civil Code.)
- [I] If the period of time for a hiring of services exceeds five years, or if it is to last for the lifetime of one of the parties concerned or of a third person, either party can rescind the contract at any time after the lapse of five years; but this period of time is ten years for the hiring of the services of commercial or industrial apprentices.
- [II] A party who wishes to rescind a contract in accordance with the provisions of the preceding Paragraph must give notice to that effect three months in advance.
《References by de Becker》
- (In reference vide Art. 510; also Art. 624 of the German Civil Code.)
- [I] When the parties concerned have not fixed the period of time for the hiring of services, either party may give notice of the rescission of the contract at any time. In this case the hiring terminates upon the lapse of two weeks after the notice of rescission has been given.
- [II] In case the remuneration is fixed by periods of time, notice of rescission may be given for the following period of time onward. But the notice must be given during the first half of the current period.
- [III] If the remuneration is fixed by periods of time of six months or longer, the notice of the preceding Paragraph must be given three months in advance.
《References by de Becker》
- (In reference vide Arts. 540 and 626; also Arts. 620, 621 and 623 of the German Civil Code.)
- Even though the parties have fixed a period of time for the hiring of services, either party may rescind the contract immediately for any unavoidable cause. But when such cause is occasioned by the fault of one of the parties he is responsible to the other party for compensation for damage.
《References by de Becker》
- (In reference vide Arts. 626 and 627; also Arts. 626 and 628 (2) of the German Civil Code.)
- [I] In case the servant continues to perform services after the maturity of the period of the hiring, if the employer, knowing of the fact, raises no objection, it is presumed that a new contract of hiring has been concluded subject to the same terms and conditions as the original one; but either party may give notice of the rescission of the contract in accordance with the provisions of Art. 627.
- [II] If the parties concerned have furnished security relative to the former contract of service, such security is extinguished upon the maturity of the period, but this does not apply to caution-money (mimoto hosho-kin).
《References by de Becker》
- (In reference vide Arts. 619 and 627; also Art. 625 of the German Civil Code. )
- The provisions of Art. 620 apply correspondingly to the hiring of services.
《References by de Becker》
- (In reference vide Arts. 620 and 545.)
- If an employer has been adjudged bankrupt, the servant or the bankruptcy administrator may give notice to rescind the contract in accordance with the provisions of Art. 627 , even though a period of time for the hiring has been fixed. In this case neither party can demand as against the other compensation for damages resulting from the rescission of the contract.
《References by de Becker》
- (In reference vide Art. 627.)
