1896ja Book3 Chapter02 Title13: Difference between revisions

From Thai Codification Codes of 1925
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== BOOK III. OBLIGATIONS (or CLAIMS). ==
== BOOK III. OBLIGATIONS (or CLAIMS). ==
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=== Chapter II. Contracts. ===
=== Chapter II. Contracts. ===

Latest revision as of 13:00, 21 September 2025

  • 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 XIII. Life-Annuities.

  • A contract of life-annuity takes effect when one of the parties agrees to make a periodical prestation to the other party or a third person of a sum of money or other thing until the death of himself, the other party or a third person.

《References by de Becker》

  • (In reference vide Art. 694; also Art. 759 of the German Civil Code.)
  • A life-annuity is calculated by days.

《References by de Becker》

  • (In reference vide Arts . 88 and 89; also Art. 760 (3) of the German Civil Code.)
  • [I] In case the debtor of a life-annuity has received a capital sum for the annuity, if he neglects to pay the sums due or fails to perform any other duty, the other party may demand the restitution of the capital; but the money already received must be returned to the debtor minus the interest on the capital.
  • [II] The provisions of the preceding Paragraph do not affect a claim for compensation for damage.

《References by de Becker》

  • (In reference vide Arts. 541, 542 and 545.)
  • The provisions of Art. 533 apply correspondingly to the case mentioned in the preceding Article.

《References by de Becker》

  • (In reference vide Arts. 533 and 591.)
  • [I] When the death (which terminates the annuity) is caused by a fact for which the annuity debtor is responsible, a Court may, upon the demand of the creditor, or of his successor, declare that the obligation shall continue for a reasonable period of time longer.
  • [II] The provisions of the preceding Paragraph do not prevent the exercise of the rights provided in Art. 691.

《References by de Becker》

  • (In reference vide Art. 691.)
  • The provisions of the present Section apply correspondingly to legacies of life-annuities.

《References by de Becker》

  • (In reference vide Art. 689.)