1896ja Book3 Chapter02 Title03 Part03
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 III. Sale (Emptio venditio).
Part III. Re-purchase (Pactum de retroemendo).
- The seller of an immovable may, in accordance with a special contract for re-purchase concluded at the same time as the contract of sale, rescind the sale on returning the purchase money and the expenses of the contract paid by the purchaser. But the fruits of the immovable and the interest on the purchase money are regarded as having been set off against each other unless the parties have expressed a special intention.
《References by de Becker》
- (In reference vide Art. 540; also Arts. 497 and 501 of the German Civil Code .)
- [I] The period of time for re-purchase cannot exceed ten years. If a longer period of time is fixed, it is to be reduced to ten years.
- [II] If a period of time for re-purchase is once fixed, it cannot be afterwards prolonged.
- [III] When there is no fixed period of time for re-purchase it must be effected within five years.
《References by de Becker》
- (In reference vide Art. 503 of the German Civil Code.)
- [I] If a special contract of re-purchase has been registered simultaneously with the contract of sale, the right of re-purchase is effective as against third persons also.
- [II] The registered right of a lessee can be set up against the seller only for the remaining one year of its period of duration, except when the lease was made for the purpose of injuring the seller.
《References by de Becker》
- (In reference vide Arts. 177 and 605; also Art. 499 of the German Civil Code.)
- When a creditor of the seller desires to make re-purchase in the place of the seller in accordance with the provisions of Art. 423 , the purchaser may extinguish the right of re-purchase by performing the obligation of the seller up to the amount of the actual value of the immovable as valued by an appraiser appointed by the Court, minus the amount to be repaid by the seller, and, if there is any remainder, by repaying it to the seller.
《References by de Becker》
- (In reference vide Art. 423.)
- [I] A seller cannot repurchase unless he tenders the purchase money and the expenses of the contract within the period of time fixed.
- [II] If the purchaser or subsequent acquirer has defrayed expenses with regard to the immovable, the seller must reimburse them in accordance with the provisions of Art. 196. But with regard to beneficial expenses, a Court may, on the application of the seller, grant a reasonable period of time for the reimbursement thereof.
《References by de Becker》
- (In reference vide Arts. 196, 492 and 493; also Arts. 497 (1) and 500 of the German Civil Code.)
- After one of the joint owners of an immovable has sold his share subject to a special contract for re-purchase, if the immovable comes to be partitioned or sold by auction , the seller may make re-purchase with regard to the share or the purchase money received or to be received by the purchaser. But a partition or the sale by auction made without notice to the seller, cannot be set up against him.
《References by de Becker》
- (In reference vide Art. 260.)
- [I] In the case of the preceding Article if the purchaser has become the highest bidder (buyer at auction), the seller can make the re-purchase by paying the sum of the highest bidding and the expenses mentioned in Art. 583. In this case the seller acquires the ownership of the entire immovable.
- [II] If the purchaser has become the highest bidder (has bought the thing at auction) owing to the demand of the other co-owners for partition the seller cannot make the re-purchase of his share only.
《References by de Becker》
