1896ja Book3 Chapter02 Title11

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 XI. Deposit (Depositum).

Article 657.

• Deposit takes effect when one of the parties concerned receives a thing and agrees to keep it in his custody for the other party.

《References by de Becker》

• (In reference vide Arts. 656 and 666; also Art. 688 of the German Civil Code.)

Article 658.

• [I] Unless with the consent of the depositor, the depositary may not use the thing deposited or cause a third person to keep it.
• [II] If the depositary is permitted to cause a third person to keep the thing deposited, the provisions of Art. 105 and Paragraph 2 of Art. 107 apply correspondingly.

《References by de Becker》

• (In reference vide Art. 105 and Art. 107 Paragraph 2; also Art. 691 of the German Civil Code.)

Article 659.

• A person who has undertaken a deposit gratuitously is bound to bestow the same care and attention upon the keeping of the thing deposited as he does in respect to his own property.

《References by de Becker》

• (In reference vide Art. 400; also Art. 690 of the German Civil Code.)

Article 660.

• When a third person who asserts a claim in respect to the thing deposited brings an action against the depositary or seizes the thing, the depositary must without delay notify the fact to the depositor.

《References by de Becker》

• (In reference vide Art. 615.)

Article 661.

• The depositor must compensate the depositary for damages arising from the nature or defects in the thing deposited, except the depositor, without any fault on his part, did not know of the nature or defects, or the depositary had knowledge thereof.

《References by de Becker》

• (In reference vide Art. 656 and Art. 650 Paragraph 3; also Art. 694 of the German Civil Code.)

Article 662.

• The depositor can demand the return of the thing deposited at any time even when there is a time fixed for its return.

《References by de Becker》

• (In reference vide Arts. 135 and 412; also Art. 695 of the German Civil Code.)

Article 663.

• [I] If the parties have not fixed a time for the return of the thing deposited, the depositary may return it at any time.
• [II] If there is a fixed time for return, the depositary may not return it previous to the time, unless in case of an unavoidable reason.

《References by de Becker》

• (In reference vide Art. 413; also Art. 696 of the German Civil Code.)

Article 664.

• The return of the thing deposited shall be made at the place where the thing was to be kept; but if the depositary has, for any proper reason, removed the thing return may be made at the place where it actually is.

《References by de Becker》

• (In reference vide Art. 487 ; also Art. 697 of the German Civil Code.)

Article 665.

• The provisions of Arts. 646 to 649 (inclusive) and Paragraphs 1 and 2 of Art. 650 apply correspondingly to deposits.

《References by de Becker》

• (In reference vide Arts. 646 - 650; also Arts. 693, 698 and 699 of the German Civil Code.)

Article 666.

• If by contract the depositary may consume the thing deposited the provisions relative to loans for consumption apply correspondingly. If the time for return is not fixed in the contract, the depositor may demand return at any time.

《References by de Becker》

• (In reference vide Arts. 587 to 592; also Art. 700 of the German Civil Code. )