1896ja Book3 Chapter02 Title02
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 II. Gift (Donatio).
- Gift takes effect when one of the parties concerned expresses his intention to give property of his own to the other party gratuitously and the other party accepts it.
《References by de Becker》
- In reference vide Arts. 554 and 593; also Art. 516 (1) of the German Civil Code.
- A gift not in writing can be revoked by either party, with the exception of that part the performance of which has been completed.
《References by de Becker》
- (In reference vide Arts. 120-126 ; also Art. 518 of the German Civil Code.)
- [I] The donor is not responsible for any defect or want of the thing or right which is the subject of the gift, except when the donor knew of the defect or want and did not inform the donee thereof.
- [II] With regard to a gift subject to charge, the donor bears the same duty of warranty as a seller so far as the charge is concerned .
《References by de Becker》
- (In reference vide Arts. 560-572 ; also Arts. 523 and 524 of the German Civil Code.)
- A gift which has a periodical prestation (periodically recurrent payments) for its subject loses its effect on the death of either the donor or the donee.
《References by de Becker》
- (In reference vide Arts. 135 and 689 ; also Art. 520 of the German Civil Code.)
- In regard to gifts subject to a charge, the provisions relating to bilateral contracts apply correspondingly besides (in addition to) those of the present Section.
《References by de Becker》
- (In reference vide Arts. 533 and 541 ; also Arts. 525 and 527 of the German Civil Code.)
- The provisions relating to legacies are followed with regard to gifts which are to take effect on the death of the donors.
《References by de Becker》
- (In reference vide Art. 495.)
