1896ja Book3 Chapter02 Title05

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).

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Chapter II. Contracts.

Title V. Loans for Consumption (Mutuum).

Article 587.

• A loan for consumption takes effect when one of the parties receives from the other party a sum of money or other things and agrees to return things of the same class, quality and quantity.

《References by de Becker》

• (In reference vide Arts. 402, 403, 404, and 559; also Art. 607 (1) of the German Civil Code.)

Article 588.

• In case a person is bound to make a prestation of a sum of money or other things according to a contract other than a loan for consumption, if the parties concerned have contracted to make the thing the subject of a loan for consumption, a loan for consumption is presumed to have been formed by the fact.

《References by de Becker》

• (In reference vide Art. 513; also Art. 607 (2) of the German Civil Code.)

Article 589.

• The promise of a loan for consumption loses its effect if one of the parties is subsequently adjudged bankrupt.

《References by de Becker》

• (In reference vide Arts. 559 and 556; also Art. 610 of the German Civil Code.)

Article 590.

• [I] When there are hidden (latent) defects in a thing which is the subject of a loan for consumption subject to interest, the lender is bound to furnish another thing without defects in its place, but a claim for compensation for damages is not prejudiced thereby.
• [II] In case a loan for consumption is gratuitous the borrower may return the value of the defective thing. But if the lender knew of the defects but did not inform the borrower of them, the provisions of the preceding Paragraph apply correspondingly.

《References by de Becker》

• (In reference vide Arts. 559 and 570.)

Article 591.

• [I] When the parties concerned have not fixed a time for return, the lender may fix a reasonable period of time and give notice demanding the return.
• [II] The borrower may return at any time.

《References by de Becker》

• (In reference vide Art. 412; also Art. 609 of the German Civil Code.)

Article 592.

• When the borrower has become unable to make return in accordance with the provisions of Art. 587, the value of the thing at that moment must be reimbursed, except in the case of Paragraph 2 of Art. 402.

《References by de Becker》

• (In reference vide Art. 402, Paragraph 2, and Art. 587.)