1896ja Book3 Chapter02 Title07 Part02
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 II. Effect of a Hiring of Things.
- The registered hiring of an immovable takes effect even against the persons who have acquired real rights on the immovable subsequent to the registration.
《References by de Becker》
- (In reference vide Arts. 177 and 178; also Arts. 571 and 580 of the German Civil Code.)
- [I] The lessor is bound to effect repairs necessary for using and taking the profits of the thing hired.
- [II] When the lessor wishes to do acts necessary for the preservation of the thing hired, the hirer cannot refuse permission.
《References by de Becker》
- (In reference vide Art. 601; also Arts. 536 and 582 of the German Civil Code.)
- In case the lessor wishes to do acts of preservation against the will of the hirer, the latter may rescind the contract if he cannot attain the object of the hiring on that account.
《References by de Becker》
- (In reference vide Arts. 540 and 606.)
- [I] If the hirer has defrayed necessary expenses relative to the thing hired, which ought to be borne by the lessor, he may demand immediate reimbursement thereof against the latter.
- [II] If the hirer has defrayed beneficial expenses, the lessor must reimburse them at the end of the hiring in accordance with the provisions of Paragraph 2 of Art. 196; but the Court may grant a reasonable period of time for the reimbursement thereof on the demand of the lessor.
《References by de Becker》
- (In reference vide Arts. 196 and 606; also Arts. 538 (2) and 547 of the German Civil Code.)
- If a hirer (lessee) of land whose object is profit making has obtained profits less than the rent owing to vis major, a reduction of the rent may be demanded down to the amount of the profits made; but this does not apply to the hiring of residential land.
《References by de Becker》
- (In reference vide Arts. 533, 266, 274 and 275.)
- In the case of the preceding Article if the hirer has made profits less than the rent for at least two consecutive years owing to vis major he may rescind the contract.
《References by de Becker》
- (In reference ride Art. 540.)
- [I] If a part of the thing hired has been lost, not through the fault of the hirer, the latter may claim a reduction of the rent in proportion to the part which has been lost.
- [II] In the case of the preceding Paragraph, the hirer can rescind the contract if the purpose for which he has contracted the hiring cannot be attained, with the remaining part only.
《References by de Becker》
- (In reference vide Art. 536 Paragraph 1, and Art. 540.)
- [I] The hirer may not assign his rights or sub-let the thing hired except with the consent of the lessor.
- [II] If the hirer has permitted a third person to make use of and take the profits of the thing hired contrary to the provisions of the preceding Paragraph, the lessor may rescind the contract.
《References by de Becker》
- (In reference vide Arts. 540, 541 and 542; also Arts. 549 and 553 of the German Civil Code.)
- [I] If the hirer has lawfully sub-let the thing hired, the sub-hirer is directly responsible to the lessor. In this case a payment of the rent in advance cannot be set up against the lessor.
- [II] The provisions of the preceding Paragraph do not prevent the lessor from exercising his rights against the hirer.
《References by de Becker》
- (In reference vide Art. 423; also Arts. 549 (2) and 556 (3) of the German Civil Code.)
- The rent must be paid at the end of each month for movables, buildings and residential land; and at the end of each year for other land ; but for those which have harvest seasons, it must be paid without delay after each season.
《References by de Becker》
- (In reference vide Art. 533; also Arts. 551 and 584 of the German Civil Code.)
- If the thing hired needs repairs or if there is a third person who asserts claims to it the hirer is bound to notify the fact to the lessor without delay, unless the lessor has cognizance thereof already.
《References by de Becker》
- (In reference vide Arts. 606 and 607; also Art. 545 of the German Civil Code.)
- The provisions of Paragraph 1 of Art. 594, Paragraph 1 of Art . 597 and Art. 598 apply correspondingly to the hiring of things.
《References by de Becker》
- (In reference vide Art. 594 Paragraph 1, Art. 597 Paragraph 1, and Art. 598; also Arts. 547 (2) , 556, 583, 591 and 593 of the German Civil Code.)
