1896ja Book3 Chapter02 Title09

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 IX. Contract Work (Locatio conductio operis).

Article 632.

• Contract work takes effect when one of the parties agrees to accomplish a certain work and the other party agrees to pay him a remuneration for the result of such work.

《References by de Becker》

• (In reference vide Arts. 623, 643, 656 and 559; also Art. 631 of the German Civil Code.)

Article 633.

• The remuneration must be paid at the same time as the delivery of the thing which is the subject of the contract. But if a delivery of the thing is not necessary, the provisions of Paragraph 1 of Art. 624 apply correspondingly.

《References by de Becker》

• (In reference vide Arts. 534 - 536 and Art. 624, Paragraph 1; also Arts. 641 and 646 of the German Civil Code.)

Article 634.

• [I] If there are defects in the thing which is the subject of the work, the employer may demand the repair (removal) of the defects against the contractor by fixing a reasonable period of time, but this does not apply when the defects are not serious and the outlay required would be excessive.
• [II] he employer may demand compensation for damage instead of or in addition to making good and repairing the defects. In this case the provisions of Art. 533 apply correspondingly.

《References by de Becker》

• (In reference vide Arts. 533, 559, 570 and 566; also Art. 633 of the German Civil Code.)

Article 635.

• If there are defects in the thing which is the subject of the work and the object with which the contract has been concluded cannot be attained on that account, the employer may rescind the contract; but this does not apply to buildings and other structures on the ground.

《References by de Becker》

• (In reference vide Arts. 540 to 545; also Art. 634 of the German Civil Code.)

Article 636.

• The provisions of the preceding two Articles do not apply, if the defect in the thing which forms the subject of the work is due to the nature of the materials furnished by the employer or to the instructions given by him, unless the contractor had knowledge of the unsuitableness of the materials or the inappropriateness of the instructions and did not declare it.

《References by de Becker》

• (In reference vide Arts . 634 and 635; also Art. 645 of the German Civil Code.)

Article 637.

• [I] The demand for repairs of defects, or compensation for damages and the rescission of the contract provided in the preceding three Articles must be made within one year from the delivery of the thing which is the subject of the contract.
• [II] In case the delivery of the thing which is the subject of the work is not necessary, the period of the preceding Paragraph commences to run from the time when the work has been accomplished (completed).

《References by de Becker》

• (In reference vide Arts. 634 - 636 and 638; also Art. 638 (1) of the German Civil Code.)

Article 638.

• [I] A contractor for structures to be erected on land is held responsible to warrant the defects in those structures or in the foundations for five years from the time of delivery; but this period is ten years with regard to stone, earth, brick or metal structures.
• [II] When the structures have been destroyed or damaged owing to the defects mentioned in the preceding Paragraph the employer must exercise the rights of Art. 634 within one year from the time of such destruction or damage.

《References by de Becker》

• (In reference vide Arts. 534 to 537; also Art. 638 (1) of the German Civil Code.)

Article 639.

• The periods of time mentioned in Art. 637 and Paragraph of the preceding Article may be extended by contract, so long as they do not exceed the periods of time provided for ordinary prescription.

《References by de Becker》

• (In reference vide Art. 637 and Art. 638 Paragraph 1; also Art. 638 (2) of the German Civil Code.)

Article 640.

• Even though a contractor has specially stipulated that he shall not bear the obligation of warranty provided in Arts. 634 and 635, he cannot evade responsibility for facts which he knew but did not declare.

《References by de Becker》

• (In reference vide Arts. 634 and 635; also Art. 637 of the German Civil Code.)

Article 641.

• So long as the contractor has not accomplished the work, the employer may at any time rescind the contract by paying compensation for damages.

《References by de Becker》

• (In reference vide Arts. 540 to 545; also Art. 649 of the German Civil Code.)

Article 642.

• [I] If the employer has been adjudged bankrupt, the contractor or the bankruptcy administrator may rescind the contract. In this case the contractor may participate in the distribution of the assets for his remuneration for work already executed and for expenses not included in such remuneration.
• [II] In the case of the preceding Paragraph neither party can claim against the other compensation for damages resulting from the rescission ofthe contract.

《References by de Becker》

• (In reference vide Arts. 540 to 545.)