1896ja Book3 Chapter02 Title07 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 VII. Hiring of Things (Locatio conductio rei).
Part III. Termination of a Hiring of Things.
- [I] If the parties concerned have not fixed a period of duration for the hiring, each party may at any time give notice to rescind the contract. In this case the hiring terminates upon the lapse of the following periods of time after the giving of the notice of rescission:
- (1) One year, for land;
- (2) Three months, for buildings;
- (3) One day, for rooms and movables.
- [II] With regard to the hiring of lands which have harvest seasons, notice of rescission cannot be given except after such season and before the commencement of the following cultivation.
《References by de Becker》
- (In reference vide Arts. 135 and 540; also Arts. 564, 565 and 595 of the German Civil Code.)
- Even if the parties have fixed a period of time, the provisions of the preceding Article apply correspondingly, if one or both of them has or have reserved the right to rescind the contract within that period of time.
《References by de Becker》
- (In reference vide Art. 617.)
- [I] In case the hirer continues to make use or take the profits of the thing hired after the maturity of the period of time for the hiring, if the lessor, knowing the fact, enters no protest thereto, a new contract of hiring is presumed to have been made subject to the same terms and conditions as the previous contract; but either party may give notice to rescind the contract in accordance with the provisions of Art. 617.
- [II] If the parties have furnished security in respect to the previous hiring, such security is extinguished on the maturity of the period; but this does not apply to money deposited as security for rent.
《References by de Becker》
- (In reference vide Art. 617; also Art. 568 of the German Civil Code.)
- In case a contract of hiring is rescinded, the rescission takes effect only for the future; but this does not prevent compensation for damage from being demanded against the party who has been in fault.
《References by de Becker》
- (In reference vide Art. 545.)
- When a hirer is adjudged bankrupt, the lessor or the bankruptcy administrator may give notice of the rescission of the contract in accordance with the provisions of Art. 617 even when there is a fixed period of duration for the hiring. In this case neither party can demand as against the other compensation for damages resulting from the rescission of the contract.
《References by de Becker》
- (In reference vide Art. 617.)
- The provisions of Art. 600 apply correspondingly to the hiring of things.
《References by de Becker》
- (In reference vide Art. 600; also Art. 558 of the German Civil Code.)
