1896ja Book3 Chapter02 Title03 Part01
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 I. General Provisions.
- A sale takes effect when one of the parties agrees to transfer a property right to the other party, and the latter agrees to pay him the purchase money for it.
《References by de Becker》
- (In reference vide Art. 586 ; also Art. 433 of the German Civil Code.)
- [I] A previous promise to sell or purchase made by one party takes the effect of a sale when the other party has expressed his intention to complete such sale.
- [II] When there is no period of time fixed with regard to the expression of intention of the preceding Paragraph, the previous promisor may fix a reasonable period of time and demand that the other party give a definite answer within such period as to whether he intends to complete the sale or otherwise. If the other party gives no definite answer within the specified period of time, the promise loses its effect.
《References by de Becker》
- (In reference vide Arts. 97, 526 and 555.)
- [I] When the purchaser has delivered bargain-money to the seller, so long as one of the parties has not commenced performance the contract may be rescinded by the purchaser by abandoning the bargain-money, and by the seller by repaying twice its amount.
- [II] The provisions of Paragraph 3 of Art. 545 do not apply to the case of the preceding Paragraph.
《References by de Becker》
- (In reference vide Arts. 92, 540, 544 and 545; also Arts. 336 and 338 of the German Civil Code.)
- The expenses relating to a contract of sale are to be borne in an equal share by both the parties.
《References by de Becker》
- The provisions of the present Section apply correspondingly to contracts other than sales, made upon valuable consideration , except when the nature of the contract does not permit.
《References by de Becker》
- (In reference vide Arts. 586, 587, 601, 623, 632, 643, 648, 656, 657, 665, 667, 689, and 695; also Arts. 365, 445, 493 and 515 of the German Civil Code. )
