1896ja Book3 Chapter02 Title10
From Thai Codification Codes of 1925
- 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 X. Mandate (Mandatum).
- Mandate takes effect when one of the parties commissions the other party to do a juristic act, and the other party agrees to do such act.
《References by de Becker》
- (In reference vide Arts. 656 and 559 ; also Art. 622 of the German Civil Code.)
- A mandatory is bound to manage the business intrusted with the care of a good manager according to the intent and purpose of the mandate.
《References by de Becker》
- (In reference vide Art. 400; also Art. 622 of the German Civil Code.)
- The mandatory must at all times on demand of the mandator report upon the condition of the business intrusted to him. He is also bound to report full particulars without delay when the mandate terminates.
《References by de Becker》
- (In reference vide Art. 651; also Art. 666 of the German Civil Code.)
- [I] The mandatory must deliver to the mandator all money or other things received in the course ofthe management of the business intrusted to him. The same applies with regard to the fruits reaped.
- [II] Rights which the mandatory has acquired for the mandator in his own name must be transferred to the mandator.
《References by de Becker》
- (In reference vide Art. 667 of the German Civil Code.)
- If a mandatory spends money for himself which should be delivered to the mandator or which should be used for his benefit he (the mandatory) is bound to pay interest thereon from the day of spending and to compensate the mandator in respect to any further damages.
《References by de Becker》
- (In reference vide Arts. 646, 404, 405, 412, 415 and 419; also Art. 668 of the German Civil Code.)
- [I] Unless in virtue of a special contract the mandatory can claim no remuneration.
- [II] In case the mandatory is entitled to remuneration, it cannot be claimed until after the performance of the business intrusted ; but if the remuneration is fixed by periods of time, Paragraph 2 of Art. 624 applies correspondingly.
- [III] When the mandate has terminated in the course of performance owing to a cause not imputable to the mandatory, the latter can claim remuneration in proportion to what has been already done.
《References by de Becker》
- (In reference vide Art. 624 Paragraph 2; also Art. 662 of the German Civil Code.)
- When expenses will be required for the management of the business intrusted, the mandator must pay them in advance on demand of the mandatory.
《References by de Becker》
- (In reference vide Art. 533; also Art. 669 of the German Civil Code.)
- [I] If a mandatory has defrayed expenses which can be recognized as necessary for the management of the business intrusted to him he can demand the reimbursement of such expenses from the mandator as well as interest thereon from the day on which they were incurred.
- [II] If a mandatory has contracted obligations which can be recognized as necessary for the management of the business intrusted to him he may cause the mandator to perform them in his place, or if such obligations are not yet due he may cause the mandator to furnish proper security.
- [III] If the mandatory has sustained damages in the management of the business intrusted to him, without any fault on his part, he may claim compensation therefor from the mandator.
《References by de Becker》
- (In reference vide Arts. 404 and 474; also Art. 670 of the German Civil Code.)
- [I] A contract of mandate can be rescinded by either party at any time.
- [II] When one of the parties has rescinded the mandate at a time which is disadvantageous to the other party, any damages arising must be compensated, unless there are unavoidable reasons for the rescission.
《References by de Becker》
- (In reference vide Arts. 540 and 545 ; also Art. 671 of the German Civil Code.)
- The provisions of Art. 620 apply correspondingly to mandates.
《References by de Becker》
- (In reference vide Art. 620.)
- A mandate is terminated on the death or bankruptcy of the mandator or the mandatory. The same applies if the mandatory has been adjudged incompetent.
《References by de Becker》
- (In reference vide Art. 111; German Civil Code.)
- If there are any urgent (pressing) circumstances at the time when the mandate terminates, the mandatory or his successor or legal representative must take all necessary steps until the mandator or his successor or legal representative is able to take charge of the business intrusted.
《References by de Becker》
- (In reference vide Art. 653; also Arts. 672 and 673 of the German Civil Code.)
- Causes which terminate a mandate, whether they arise from the mandator or the mandatory, cannot be set up against the other party, until they are notified to the other party or the latter knows about them.
《References by de Becker》
- (In reference vide Arts. 651 and 653; also Art. 674 of the German Civil Code.)
- The provisions of the present Section apply correspondingly to a mandate whose subject is other than the doing of a juristic act.
《References by de Becker》
- (In reference vide Arts. 643-655 and 559.)
