1896ja Book3 Chapter02 Title06

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 III. OBLIGATIONS (or CLAIMS).

Chapter II. Contracts.

Title VI. Loans for Use (Commodatum).

Article 593.

• A loan for use becomes effective when one of the parties receives a thing from the other party, agreeing to return it after he has made use of and taken the profits of the thing without consideration.

《References by de Becker》

• (In reference vide Art. 549; also Art. 598 of the German Civil Code.)

Article 594.

• [I] The borrower is bound to use and profit by the thing in accordance with the method of use determined by the contract or by the nature of the thing which is the subject thereof.
• [II] The borrower may not let a third person make use of or take the profits of the thing borrowed unless with the consent of the lender.
• [III] If the borrower has made use of and taken the profits of the thing contrary to the provisions of the preceding two Paragraphs, the lender may rescind the contract.

《References by de Becker》

• (In reference vide Arts. 400, 541 , 542, 540 and Art. 545 Paragraph 3; also Arts. 603 and 605 (No.2) of the German Civil Code.)

Article 595.

• [I] The borrower shall bear the ordinary necessary expenses relative to the thing borrowed.
• [II] With regard to other expenses, the provisions of Paragraph 2 of Art. 583 apply correspondingly.

《References by de Becker》

• (In reference vide Art. 196 and Art. 583 Paragraph 2; also Art. 601 of the German Civil Code.)

Article 596.

• The provisions of Art. 551 apply correspondingly to loans for use.

《References by de Becker》

• (In reference vide Art. 551; also Arts. 599 and 600 of the German Civil Code.)

Article 597.

• [I] The borrower is bound to return the thing borrowed at the time fixed by the contract.
• [II] When the parties concerned have not fixed the time for restoration, the borrower must restore the thing when he has finished making use of and profiting by it according to the purpose fixed in the contract; but even previous thereto the lender may demand the restoration at once if a period of time sufficient for using and taking the profits has elapsed.
• [III] When the parties concerned have not fixed the time for restitution or the purpose of using and taking profits, the lender can demand restoration at any time.

《References by de Becker》

• (In reference vide Art. 412; also Art. 604 of the German Civil Code.)

Article 598.

• The borrower may restore the thing in its original state by taking away any thing which he has attached thereto.

《References by de Becker》

• (In reference vide Arts. 242 and 269; also Art. 601 (2) of the German Civil Code.)

Article 599.

• A loan for use loses its effect on the death of the borrower.

《References by de Becker》

• (In reference vide Arts. 552 and 652; also Art. 605 (No.3) of the German Civil Code.)

Article 600.

• Compensation for damages resulting from using or taking the profits of the thing contrary to the intent and purpose of the contract, and reimbursement of the expenses defrayed by the borrower, must be demanded within one year from the time of the restoration of the thing to the lender.

《References by de Becker》

• (In reference vide Arts. 166 and 167; also Art. 606 of the German Civil Code.)