Codesuser: /* BOOK III. OBLIGATIONS (or CLAIMS). */

2025-09-21T12:59:10Z

BOOK III. OBLIGATIONS (or CLAIMS).

← Older revision		Revision as of 12:59, 21 September 2025
Line 5:		Line 5:

	== BOOK III. OBLIGATIONS (or CLAIMS). ==		== BOOK III. OBLIGATIONS (or CLAIMS). ==
			'''[[1896ja_Book3_Chapter02_Title07_Part03\|← Previous Page]]''' \| '''[[1896ja_Book3_Chapter02_Title09\|Next Page →]]'''

	=== Chapter II. Contracts. ===		=== Chapter II. Contracts. ===

Codesuser: 1 revision imported

2025-08-09T13:56:55Z

1 revision imported

← Older revision	Revision as of 13:56, 9 August 2025
(No difference)

Codesuser: Created page with "= '''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: [https://books.google.co.th/books?id=IJ89AQAAIAAJ&printsec=frontcover&hl=th&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false Volume 1], [https://books.google.co.th/books?id=-5hBAAAAYAAJ&printsec=frontcover&hl=th&source=gbs_ge_su..."

2025-08-08T17:03:39Z

Created page with "= '''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: [https://books.google.co.th/books?id=IJ89AQAAIAAJ&printsec=frontcover&hl=th&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false Volume 1], [https://books.google.co.th/books?id=-5hBAAAAYAAJ&printsec=frontcover&hl=th&source=gbs_ge_su..."

New page

= '''[[1896ja Main Page|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: [https://books.google.co.th/books?id=IJ89AQAAIAAJ&printsec=frontcover&hl=th&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false Volume 1], [https://books.google.co.th/books?id=-5hBAAAAYAAJ&printsec=frontcover&hl=th&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false Volume 2], [https://www.google.co.th/books/edition/Annotated_Civil_Code_of_Japan/7_oqAQAAMAAJ?hl=th&gbpv=0 Volume 3], [https://www.google.co.th/books/edition/Annotated_Civil_Code_of_Japan/3_8qAQAAMAAJ?hl=th&gbpv=0 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 [https://archive.org/details/cu31924025036025/mode/2up Archive.org]]
* [[1896ja 明治29年法律第89号|Original Version in Japanese.]]

== BOOK III. OBLIGATIONS (or CLAIMS). ==

=== Chapter II. Contracts. ===

==== Title VIII. Hiring of Services (Locatio conductio operarum). ====

====== '''[[1896ja 3編02章08節#第623条|Article 623.]]''' ======
* 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.)

====== '''[[1896ja 3編02章08節#第624条|Article 624.]]''' ======
* [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.)

====== '''[[1896ja 3編02章08節#第625条|Article 625.]]''' ======
* [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.)

====== '''[[1896ja 3編02章08節#第626条|Article 626.]]''' ======
* [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.)

====== '''[[1896ja 3編02章08節#第627条|Article 627.]]''' ======
* [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.)

====== '''[[1896ja 3編02章08節#第628条|Article 628.]]''' ======
* 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.)

====== '''[[1896ja 3編02章08節#第629条|Article 629.]]''' ======
* [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. )

====== '''[[1896ja 3編02章08節#第630条|Article 630.]]''' ======
* The provisions of Art. 620 apply correspondingly to the hiring of services.
'''《References by de Becker》'''
* (In reference vide Arts. 620 and 545.)

====== '''[[1896ja 3編02章08節#第631条|Article 631.]]''' ======
* 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.)

1896ja Book3 Chapter02 Title08 - Revision history

Codesuser: /* BOOK III. OBLIGATIONS (or CLAIMS). */

Codesuser: 1 revision imported