Datasets:

sentence-transformers

/

coliee

like 0

Follow

Sentence Transformers 662

If monetary claim is the subject matter of a pledged claim, the pledgee may collect the entire amount of the such monetary claim notwithstanding the amount of the pledgee's own claim.

Article 366 (1) A pledgee may directly collect the claim that is the subject matter of the pledge. (2) If monies are the subject matter of a pledged claim, the pledgee may collect the same to the extent of the portion that corresponds to the amount of the pledgee's own claim. (3) If the due date of the pledged claim referred to in the preceding paragraph arrives prior to the due date of the claim of the pledgee, the pledgee may have the third party obligor deposit with official depository that amount to be paid to the pledgee.In this case, the pledge exists over the amount so deposited. (4) If the subject matter of the pledged claim is not monies, the pledgee has the pledge over the thing received for the satisfaction of the claim..

Article 304 (1) A statutory lien may also be exercised against things including monies that the obligor is to receive as a result of the sale, lease or loss of, or damage to, the subject matter of the statutory lien;provided, however, that the holder of the statutory lien must attach the same before the payment or delivery of the monies or other thing. (2) The provisions of the preceding paragraph also apply to the consideration for real rights created by the obligor on the subject matter of the statutory lien..

If the amount of the obligations actually in existence after the principal is fixed exceeds the maximum amount of the Revolving Mortgage, a person who created his/her Revolving Mortgage to secure obligations of others may request the extinction of that Revolving Mortgage by tendering or depositing an amount equivalent to that maximum amount.

Article 398-22 (1) If the amount of the obligations currently in existence after the principal is crystallized exceeds the maximum amount of a revolving mortgage, the person that created the revolving mortgage to secure the obligations of another person or a third party that has acquired ownership, superficies, farming rights, or a lease that can be duly asserted against any third party with respect to the mortgaged immovables may request the extinguishment of that revolving mortgage on paying or depositing with an official depository an amount equivalent to that maximum amount.In this case, that payment or deposit has the effect of performance of the obligation. (2) A revolving mortgage that has been registered pursuant to Article 398-16 is extinguished if the request for extinguishment referred to in the preceding paragraph is made with respect to one immovable property. (3) The provisions of Articles 380 and 381 apply mutatis mutandis to the requests for extinguishment under paragraph (1)..

Article 32 (1) Having received proof that a missing person is alive or that a missing person died at a time different from the time set forth in the preceding Article, the family court, at the request of the missing person or an interested person, must rescind the declaration of that person's disappearance.In this case, the rescission does not affect the validity of any act performed in good faith after the declaration of disappearance but before the rescission thereof. (2) A person who has acquired property due to a declaration of disappearance loses the rights in question due to its rescission;provided, however, that the person has the obligation to return that property only to the extent currently enriched..

A holder of statutory lien for the sales of the immovable property who has registration of such statutory lien may exercise statutory lien prior to mortgages, regardless of the chronological order of the registraiton.

Article 339 Statutory liens registered in accordance with the provisions of the preceding two Articles may be exercised prior to mortgages. Article 341 Beyond what is provided for in this Section, the provisions regarding mortgages apply mutatis mutandis to the effects of statutory liens, provided that it is not inconsistent with the nature of the same..

Article 177 Acquisitions of, losses of and changes in real rights on immovables may not be duly asserted against any third parties, unless the same are registered pursuant to the applicable provisions of the Real Property Registration Act (Act No. 123 of 2004) and other laws regarding registration. Article 361 Beyond what is provided for in this Section, the provisions of the next Chapter (Mortgages) apply mutatis mutandis to pledges of immovables, provided that it is not inconsistent with the nature of the same. Article 373 If more than one mortgage is created with respect to the same immovables, the order of priority of those mortgages follows the chronological order of their registration. Article 339 Statutory liens registered in accordance with the provisions of the preceding two Articles may be exercised prior to mortgages. Article 337 In order to preserve the effectiveness of statutory liens for preservation of immovables, registration must be carried out immediately after the completion of the act of preservation. Article 338 (1) In order to preserve the effectiveness of statutory liens for construction work for immovables, the budgeted expenses of the construction work must be registered prior to the commencement of the same.In this case, if the expenses of the construction work exceed the budgeted amount, a statutory lien does not exist with respect to the amount in excess of the same. (2) The amount of increase in value of immovables that resulted from construction work must be evaluated by an appraiser appointed by the court at the time of the participation in the distribution..

Statutory liens for sale of movables may not be exercised with respect to the movable that are the subject matter of the same after the obligors have delivered those movables to third-party acquirers.

Article 333 Statutory liens may not be exercised against the movables that are the subject matter of the same after the obligors have delivered those movables to third party acquirers..

Article 398-11 (1) Before the principal is crystallized, a revolving mortgagee may not dispose of a revolving mortgage under the provisions of Article 376, paragraph (1); provided, however, that the revolving mortgagee is not precluded from applying that revolving mortgage to secure other claims. (2) The provisions of Article 377, paragraph (2) do not apply to payments made before the principal is crystallized in the cases provided for in the proviso to the preceding paragraph. Article 376 (1) A mortgagee may apply the mortgage to secure other claims, or assign or waive that mortgage, or its order of priority, for the benefit of other obligees of the same obligor. (2) In the cases referred to in the preceding paragraph, if a mortgagee disposes of the mortgage for the benefit of two or more persons, the order of priority of the rights of persons who benefit from that disposition follows the chronological order of supplemental registration in the registration of the mortgage.

A holder of general statutory liens shall have the rights to have his/her own claim satisfied prior to other obligees who has the registration of statutory liens for sales of immovable properties even if the liens are not registered with respect to the relevant immovable property.

Article 336 General statutory liens may be duly asserted against obligees without special security, even if the liens are not registered with respect to the relevant immovables;provided, however, that this does not apply to registered third parties..

Article 358 The pledgee of immovables may not demand interest on the relevant claim. Article 359 The provisions of the preceding three Articles do not apply if the acts establishing pledges provide otherwise or execution against earnings from the immovable collateral (referring to the execution against earnings from immovable collateral provided for in Article 180, item (ii) of the Civil Execution Act; the same applies hereinafter) has been commenced..

A mortgage shall extend to the buildings on the mortgaged land as long as the mortgage provides otherwise.

Article 370 A mortgage extends to the things that form an integral part of the immovables that are the subject matter of the mortgage (hereinafter referred to as "mortgaged immovables") except for buildings on the mortgaged land; provided, however, that this does not apply if the act establishing the mortgage provides otherwise or the rescission of fraudulent act may be demanded as prescribed in Article 424, paragraph (3) with regard to the act of the obligor..

Article 281 (1) Servitudes are transferred together with the ownership in the dominant land (meaning the land of a servitude holder, enjoying benefits from another person's land; the same applies hereinafter) as appurtenances thereof, and are subject of other rights that exist in relation to the dominant land;provided, however, that this does not apply if the act establishing the servitude provides otherwise. (2) Servitudes may neither be transferred nor made the subject of other rights apart from the dominant land..

In the case where there is a guarantor on an obligation and a mortgage is taken out on land X which an obligor owns for the same obligation, if the guarantor performed the guarantee obligation after an obligee wavied the mortgage, the guarantee may exercise the mortgage as it is not wavied.

Article 504 (1) If there is a person that has legitimate interest in performing an obligation (hereinafter referred to as a "person entitled to subrogation" in this paragraph), and the obligee causes the security thereof to be lost or diminished intentionally or negligently, the person entitled to subrogation is relieved from responsibility to the extent that that person can no longer seek the reimbursement due to the loss or diminution in the security available upon subrogation. If the person entitled to subrogation is a third-party collateral provider, the same applies to a third party that has acquired from the person entitled to subrogation the property that is the subject of security and to the specific successor thereof. (2) The provisions of the preceding paragraph do not apply if the obligee is found to have reasonable grounds in light of the common sense in the transaction for causing the security to be lost or diminished..

Article 465-2 (1) A guarantor to a guarantee contract under which the principal obligation is one or more unidentified obligations within a certain specified scope (hereinafter referred to as a "contract for revolving guarantee") and the guarantor is not a corporation (hereinafter referred to as a "contract for revolving guarantee by an individual") is liable to perform the obligation in terms of the amounts of the principal of the principal obligation, any interest, penalty and compensation for loss or damage in connection with the principal obligation, and all the other charges secondary to the obligation, as well as the amount of any penalty or compensation for loss or damage which is agreed- upon on with regard to the guarantee obligation, up to a certain maximum amount which pertains to all of these amounts. (2) A contract for revolving guarantee by an individual does not become effective unless it provides for the maximum amount prescribed in the preceding paragraph. (3) The provisions of Article 446, paragraphs (2) and (3) apply mutatis mutandis to the provisions concerning a maximum amount prescribed in paragraph (1) in a contract for revolving guarantee by an individual..

Regardless of whether there is other agreement, the amount of the damages of non-performance shall be determined with reference to monetary value.

Article 417 Unless a particular intention is manifested, the amount of the compensation for loss or damage is determined with reference to monetary value..

Article 557 (1) If the buyer pays earnest money to the seller, the buyer may cancel the contract by waiving the earnest money, or the seller may cancel the contract by actually providing the buyer with twice its amount;provided, however, that this does not apply after the counterparty commences performance of the contract. (2) The provisions of Article 545, paragraph (4) do not apply to the cases referred to in the preceding paragraph..

The obligor shall take on responsibilities which arise from default of monetary debt unless he/she may raise the defense of force majeure.

Article 419 (1) The amount of the compensation for loss or damage for failure to perform an obligation to deliver money is determined with reference to the statutory interest rate as of the time when the obligor first assumes the responsibility for the delay;provided, however, that if the agreed-upon interest rate exceeds the statutory interest rate, the agreed-upon interest rate prevails. (2) The obligee is not be required to prove loss or damage with respect to the compensation for loss or damage referred to in the preceding paragraph. (3) The obligor may not raise the defense of force majeure with respect to the compensation for loss or damage referred to in paragraph (1)..

Article 446 (1) A guarantor has the responsibility to perform the obligation of the principal obligor when the latter fails to perform that obligation. (2) No guarantee contract becomes effective unless it is made in writing. (3) If a guarantee contract is concluded by electronic or magnetic record which records the terms thereof, the guarantee contract is deemed to be made in writing, and the provisions of the preceding paragraph apply..

Even if the parties agree on the amount of the liquidated damages with respect to the failure to perform the obligation, the agreement shall not preclude the exercise of the cancellation right.

Article 420 (1) The parties may agree on the amount of liquidated damages with respect to the failure to perform the obligation. (2) The agreement on liquidated damages do not preclude the request for performance or the exercise of the cancellation right. (3) A penalty is presumed to constitute liquidated damages..

Article 474 (1) A third party may also perform an obligation. (2) A third party that has no legitimate interest in performing an obligation may not perform the obligation against the will of the obligor;provided, however, that this does not apply if the obligee did not know that the performance is against the will of the obligor. (3) The third party prescribed in the preceding paragraph may not perform the obligation against the will of the obligee;provided, however, that this does not apply if the third party performs the obligation as requested by the obligor, and the obligee knew this. (4) The provisions of the preceding three paragraphs do not apply if the nature of an obligation does not permit the performance by a third party or if a party manifests the intention to prohibit or restrict the performance by a third party..

In the case where a mortgage extinguished because the object of performance was deposited, a person who deposited may not recover the deposited property even before an obligee accepts it.

Article 496 (1) As long as the obligee does not accept the deposit, or the judgment which pronounces that the deposit is effective does not become final and binding, the performer may recover the deposited thingy. In such case, it is deemed that no deposit has been effected. (2) The provisions of the preceding paragraph do not apply in cases any pledge or mortgage has been extinguished due to the deposit..

Article 494 (1) In the following cases, a performer may deposit the subject matter of the performance with an official depository for the benefit of the obligee. In such a case, the claim is extinguished when the performer makes the deposit: (i) the performer tenders the performance, and the obligee refuses to accept it; or (ii) the obligee is unable to accept the performance. (2) The preceding paragraph also applies if the performer is unable to ascertain the obligee;provided, however, that this does not apply if the performer is negligent in this respect..

A condition may be added to manifestation of set-offs.

Article 506 (1) Set-offs are effected through the manifestation of one party's intention to the other. In such a case, no condition or time limit may be added to the manifestation of intention. (2) A manifestation of intention as referred to in the preceding paragraph is effective retroactive to the time when the obligations of both parties became eligible to be set-off..

Article 551 (1) The donor is presumed to have promised to deliver or transfer the thing or right that is the subject matter of the gift, while maintaining its condition as of the time when it is specified as the subject matter of the gift. (2) With respect to gifts with burden, the donor provides the same warranty as that of a seller, to the extent of that burden..

In cases where an easement that was referred to as being in existence for the benefit of a land that is the subject matter of a sale, does not exist, the cancellation of the contract must be made within one year from the time when the buyer comes to know the facts.

Article 566 If the subject matter delivered by the seller to the buyer does not conform to the terms of the contract with respect to the kind or quality, and the buyer fails to notify the seller of the non-conformity within one year from the time when the buyer becomes aware of it, the buyer may not demand cure of the non-conformity of performance, demand a reduction of the price, claim compensation for loss or damage, or cancel the contract, on the grounds of the non-conformity;provided, however, that this does not apply if the seller knew or did not know due to gross negligence the non-conformity at the time of the delivery..

Article 525 (1) An offer made without specifying a period for acceptance may not be revoked until the passage of a reasonable period of time for the offeror to receive a notice of acceptance;provided, however, that this does not apply if the offeror reserves the right to revoke. (2) Notwithstanding the provisions of the preceding paragraph, an offer referred to in that paragraph which has been made to a person with whom the offeror is having a dialogue may be revoked at any time while the dialogue continues. (3) If an offeror does not receive from a person with whom the offeror is having a dialogue a notice of acceptance of the offer referred to in paragraph (1) while the dialogue continues, the offer ceases to be effective;provided, however, that this does not apply if the offeror manifests the intention to maintain the effect of the offer after the end of the dialogue..

A mandatary must, if so requested by the mandator, report the current status of the administration of the mandated business at any time.

Article 645 A mandatary must, if so requested by the mandator, report the current status of the administration of the mandated business at any time, and must report the process and results without delay upon termination of the mandate..

Article 484 (1) Unless a particular intention is manifested with respect to the place where the performance should take place, the delivery of a specific thing must be effected at the place where that thing was located when the relevant claim accrued, and the discharge of any other obligation must be effected at the current domicile of the obligee. (2) If the trading hours are specified by laws and regulations or customs, performance may be made or demanded only within the trading hours. Article 493 The tender of the performance must be made actually consistent with the main purport of the obligation;provided, however, that if the obligee refuses to accept that performance in advance or if any act is required on the part of the obligee with respect to the performance of the obligation, it is sufficient for the obligor to request the acceptance thereof by giving a notice that the tender of the performance has been prepared..

Even if a mandator died, an heir of the mandator may not assert termination of mandate by death of the mandator against a mandatary, when the mandatary was not notified of or did not know of the same.

Article 655 The grounds of termination of mandate may not be asserted against the other party unless the other party was notified of or knew of the same. Article 653 A mandate terminates when: (i) the mandator or mandatary dies; (ii) the mandator or mandatary is subject to an order commencing bankruptcy proceeding; (iii) the mandatary is subject to a decision for the commencement of guardianship..

Article 344 The creation of a pledge becomes effective through delivery of the subject matter of the pledge to the obligee. Article 345 A pledgee may not allow a pledgor to possess the thing pledged on behalf of the pledgee..

In the case where there is a special agreement that the mandatary may claim remuneration from the mandator, if the mandate terminates during performance due to reasons not attributable to the mandatary, the mandatary may demand remuneration in proportion to the performance already completed.

Article 648 (1) In the absence of any special agreements, the mandatary may not claim remuneration from the mandator. (2) If a mandatary is to receive remuneration, the mandatary may not claim this until after having performed the mandated business;provided, however, that if the remuneration is specified with reference to period, the provisions of Article 624, paragraph (2) apply mutatis mutandis. (3) In the following cases, the mandatary may demand remuneration in proportion to the performance already completed: (i) if the mandatary is no longer able to perform the mandated business due to any grounds not attributable to the mandator; or (ii) if the mandate is terminated during the course of performance..

Article 655 The grounds of termination of mandate may not be asserted against the other party unless the other party was notified of or knew of the same..

If the mandatary has incurred any obligation found to be necessary for the administration of the mandated business, the mandatary may demand that the mandator perform the obligation on the mandatary's behalf.

Article 650 (1) If the mandatary has expended costs found to be necessary for the administration of the mandated business, the mandatary may claim reimbursement of those costs from the mandator and any interest on the same from the day the costs were expended. (2) If the mandatary has borne any obligation found to be necessary for the administration of the mandated business, the mandatary may demand that the mandator perform the obligation on the mandatary's behalf. In such cases, if the obligation has not yet fallen due, the mandatary may require the mandator to tender reasonable security. (3) If a mandatary incurs loss or damage that is not due to the negligence of the mandatary in order to administer the mandated business, the mandatary may claim compensation for this from the mandator..

Article 702 (1) If a manager has incurred beneficial expenses for a principal, the manager may claim reimbursement of those costs from the principal. (2) The provisions of Article 650, paragraph (2) apply mutatis mutandis if a manager has incurred beneficial obligations on behalf of the principal. (3) If a manager has engaged in the benevolent intervention in another's business against the will of the principal, the provisions of the preceding two paragraphs apply mutatis mutandis, solely to the extent currently enriched..

If a third party asserting rights with respect to the Thing deposited has brought a lawsuit against the depositary, the depositary must notify the depositor of that fact without delay.

Article 660 (1) If a third party claiming rights with respect to the bailed thing has filed a lawsuit against the bailee, or has effected an attachment, provisional seizure, or provisional disposition, the bailee must notify the bailor of that fact without delay;provided, however, that this does not apply if the bailor already knows it. (2) Even if a third party claims a right for the bailed thing, the bailee must return the bailed thing to the bailor unless the bailor gives instructions to the contrary;provided, however, that this does not apply if the bailee notifies the bailor in advance as referred to in the preceding paragraph or is not required to notify pursuant to the provisions of the proviso to that paragraph, and the bailee delivers the bailed thing to a third party based on a final and binding judgment (including anything that has the same effect as a final and binding judgment) ordering the delivery of the bailed thing to that third party. (3) If the bailee is required to return the bailed thing to the bailor pursuant to the provisions of the preceding paragraph, the bailee is not liable to compensate any damage sustained by a third party due to the delivery of the bailed thing to the bailor..

Article 605 A lease of immovables, when registered, may be duly asserted against a third party such as a person that subsequently acquires real rights with respect to the immovables..

The depositor must compensate the depositary for damages that occur due to the defects in the Thing deposited; provided, however, that this shall not apply if the depositor did not, without negligence, know of such defect, or the depositary knew of the same.

Article 661 The bailor must compensate the bailee for damage that occur due to the nature of or defects in the bailed things;provided, however, that this does not apply if the bailor did not, without negligence, know of such nature or defect, or the bailee knew of the same..

Article 400 If the subject matter of a claim is the delivery of a specific thing, the obligor must retain the thing with the due care of a prudent manager, which is determined in light of the contract or other sources of claims and the common sense in the transaction, until the delivery..

A partner may not seek the division of the partnership property before the same is liquidated.

Article 676 (1) If a partner has disposed of the interest of the partner with respect to the partnership property, that partner may not duly assert that disposition against the partnership or third parties that had dealings with the partnership. (2) A partner may not independently exercise the rights with regard to a claim that is included in the partnership property based on that partner's interest in the claim. (3) A partner may not seek the division of the partnership property before liquidation..

Article 670 (1) The partnership business is decided by the majority of the partners and executed by each partner. (2) The decision and execution of the partnership business may be delegated to one or more partners or a third party, pursuant to the provisions of the partnership contract. (3) The person delegated as referred to in the preceding paragraph (hereinafter referred to as a "person who executes business") decides and executes the partnership business. In such a case, if there are two or more persons who execute business, the partnership business is decided by the majority of these persons who execute business and is executed by each of them. (4) Notwithstanding the provisions of the preceding paragraph, the partnership business is not precluded to be decided based on the consent of all partners or executed by all partners. (5) Notwithstanding the provisions of the preceding paragraphs, the ordinary business of a partnership may be performed by each partner or each person who executes business independently;provided, however, that this does not apply if other partners or persons who execute business raise objections prior to the completion of the business..

In a contract of employment, remuneration specified with reference to a period may be claimed on the expiration of that period.

Article 624 (1) An employee may not demand remuneration until the work the employee promised to perform has been completed. (2) Remuneration specified with reference to a period may be claimed after the passage of that period..

Article 308 Statutory liens for employer-employee relationships exist with respect to salaries and other claims that arise from the employer-employee relationship between the obligor and the employee. Article 306 A person that has a claim arising from the causes set forth below has a statutory lien over the entire assets of the obligor: (i) expenses for the common benefit; (ii) an employer-employee relationship; (iii) funeral expenses; or (iv) the supply of daily necessaries. Article 311 A person that has a claim arising from the causes set forth below has a statutory lien against specific movables of the obligor: (i) a lease of immovables; (ii) a lodging at a hotel; (iii) the transportation of passengers or luggage; (iv) the preservation of movables; (v) the sale of movables; (vi) the supply of seeds and seedlings or fertilizer (including eggs of silkworms or mulberry leaves provided to feed silkworms; the same applies hereinafter); (vii) agricultural labor; or (viii) industrial labor. Article 329 (1) If there are competing general statutory liens, the order of priority follows the order set forth in each item of Article 306. (2) Ife there are competing a general statutory lien and a special statutory lien, the special statutory lien has priority over the general statutory lien;provided, however, that statutory liens on expenses for the common benefit have priority being effective against all obligees who benefit from the same..

If costs will be incurred in administering the mandated business, the mandator must, at the request of the mandatary, pay an advance for those costs.

Article 649 If costs will be incurred in administering the mandated business, the mandator must, at the request of the mandatary, pay an advance for those costs..

Article 650 (1) If the mandatary has expended costs found to be necessary for the administration of the mandated business, the mandatary may claim reimbursement of those costs from the mandator and any interest on the same from the day the costs were expended. (2) If the mandatary has borne any obligation found to be necessary for the administration of the mandated business, the mandatary may demand that the mandator perform the obligation on the mandatary's behalf. In such cases, if the obligation has not yet fallen due, the mandatary may require the mandator to tender reasonable security. (3) If a mandatary incurs loss or damage that is not due to the negligence of the mandatary in order to administer the mandated business, the mandatary may claim compensation for this from the mandator..

When a merchant receives a deposit within the scope of his/her business, he/she shall have the due care of a prudent manager for the deposited goods even when he/she will not receive any remuneration.

Article 659 A gratuitous bailee bears a duty to keep the bailed thing while exercising the same level of care that the bailee would exercise for their own property..

Article 295 (1) If a possessor of a thing belonging to another person has a claim that has arisen in relation to that thing, that possessor may retain that thing until that claim is satisfied;provided, however, that this does not apply if the relevant claim has not yet fallen due. (2) The provisions of the preceding paragraph do not apply if possession commenced by means of a tortious act. Article 303 The holder of a statutory lien has the rights to have that holder's own claim satisfied prior to other obligees out of the assets of the relevant obligor in accordance with the provisions of laws including this Act..

In the case where B who is employed by A inflicted damages on a third party C with respect to the execution of that business, if A performed the obligation to compensate the damages to C, A's right to reimbursement to B shall not accrue.

Article 715 (1) A person that employs another person for a business undertaking is liable to compensate for damage inflicted on a third party by that person's employees with respect to the execution of that business;provided, however, that this does not apply if the employer exercised reasonable care in appointing the employee or in supervising the business, or if the damage could not have been avoided even if the employer had exercised reasonable care. (2) A person that supervises a business on behalf of the employer also has the liability referred to in the preceding paragraph. (3) The provisions of the preceding two paragraphs do not preclude the employer or supervisor from exercising their right to reimbursement against the employee..

Article 711 A person that has taken the life of another must compensate for loss or damage to the father, mother, spouse, and children of the victim, even if the property rights of the same have not been infringed..

In the case where a contractor B who concluded a contract for work with A inflicted damages on a third party C with respect to the execution of his/her work, if there is A's negligence in order or instructions, A is liable for the damages as the party ordering work.

Article 716 A party ordering work is not liable to compensate for damage a contractor inflicted on a third party with respect to that work;provided, however, that this does not apply if the party ordering work is negligent with regards to the order or instructions..

Article 706 If an obligor has paid money or delivered anything as performance of an obligation that has not yet fallen due, the obligor may not demand the return of the money paid or thing delivered;provided, however, that if the obligor tendered anything by mistake, the obligee must return the benefit gained as a result..

A minor can freely dispose of assets the statutory agent permits the disposition without specifying the purpose.

Article 5 (1) A minor must obtain the consent of the minor's legal representative to perform a juridical act;provided, however, that this does not apply to a juridical act for merely acquiring a right or being released from an obligation. (2) A juridical act in contravention of the provisions of the preceding paragraph is voidable. (3) Notwithstanding the provisions of paragraph (1), a minor may freely dispose of property that the legal representative has permitted the minor to dispose of for a specified purpose, to an extent that falls within the scope of that purpose. The same applies if the minor disposes of property that the legal representative has permitted the minor to dispose of without specifying a purpose..

Article 192 A person that commences the possession of movables peacefully and openly by a transactional act acquires the rights that are exercised with respect to the movables immediately if the person possesses it in good faith and without negligence.

If the other party of a manifestation of intention was a minor when the manifestation of intention was received, that manifestation of intention does not take effect.

Article 98-2 Any person may not assert a manifestation of intention against the other party thereto if that other party had no mental capacity or was a minor or an adult ward at the time of receiving it;provided, however, that this does not apply after either of the following persons learns of the manifestation of intention: (i) the legal representative of the other party; or (ii) the other party, after that other party's mental capacity has been restored or after that other party has become a person with capacity to act..

Article 496 (1) As long as the obligee does not accept the deposit, or the judgment which pronounces that the deposit is effective does not become final and binding, the performer may recover the deposited thingy. In such case, it is deemed that no deposit has been effected. (2) The provisions of the preceding paragraph do not apply in cases any pledge or mortgage has been extinguished due to the deposit..

In cases where a person who has consented to the sale of real property due to duress of a third party, and the other party does not know of the duress, the person cannot rescind the consent.

Article 96 (1) A manifestation of intention based on fraud or duress is voidable. (2) If a third party commits a fraud inducing a first party to make a manifestation of intention to a second party, that manifestation of intention is voidable only if the second party knew or could have known that fact. (3) The rescission of a manifestation of intention induced by fraud under the provisions of the preceding two paragraphs may not be duly asserted against a third party in good faith acting without negligence..

Article 612 (1) A lessee may not assign the lease or sublease a leased thing without obtaining the approval of the lessor. (2) If the lessee allows any third party to make use of or take the profits of a leased thing in violation of the provisions of the preceding paragraph, the lessor may cancel the contract..

A time limit can be added to the manifestation of intention of offset, but conditions cannot be added.

Article 506 (1) Set-offs are effected through the manifestation of one party's intention to the other. In such a case, no condition or time limit may be added to the manifestation of intention. (2) A manifestation of intention as referred to in the preceding paragraph is effective retroactive to the time when the obligations of both parties became eligible to be set-off..

Article 295 (1) If a possessor of a thing belonging to another person has a claim that has arisen in relation to that thing, that possessor may retain that thing until that claim is satisfied;provided, however, that this does not apply if the relevant claim has not yet fallen due. (2) The provisions of the preceding paragraph do not apply if possession commenced by means of a tortious act..

In cases where the obligor of monetary debt has the obligation to provide security, if the security is not provided, the obligor cannot assert the benefit of the time.

Article 137 The obligor may not assert the benefit of time stipulation if: (i) the obligor has become subject to the order commencing bankruptcy proceeding; (ii) the obligor has lost, damaged, or diminished the security; or (iii) the obligor fails to provide security when it has the obligation to do so..

Article 596 The provisions of Article 551 apply mutatis mutandis to loans for use. Article 551 (1) The donor is presumed to have promised to deliver or transfer the thing or right that is the subject matter of the gift, while maintaining its condition as of the time when it is specified as the subject matter of the gift. (2) With respect to gifts with burden, the donor provides the same warranty as that of a seller, to the extent of that burden. Article 415 (1) If an obligor fails to perform consistent with the purpose of the obligation or the performance of an obligation is impossible, the obligee may claim compensation for loss or damage arising from the failure;provided, however, that this does not apply if the failure to perform the obligation is due to grounds not attributable to the obligor in light of the contract or other sources of obligation and the common sense in the transaction. (2) If the obligee is entitled to claim compensation for loss or damage pursuant to the provisions of the preceding paragraph, and any of the following cases applies, the obligee may claim compensation for loss or damage in lieu of the performance of the obligation: (i) the performance of the obligation is impossible; (ii) the obligor manifests the intention to refuse to perform the obligation; or (iii) the obligation has arisen from a contract, and the contract is cancelled or the obligee acquires the right to cancel the contract on the ground of the obligor's failure to perform the obligation..

A juristic act which is subject to a condition precedent is void if the condition is dependent on the willof the obligor.

Article 134 A juridical act subject to a condition precedent is void if the condition is dependent only upon the intention of the obligor..

Article 358 The pledgee of immovables may not demand interest on the relevant claim. Article 359 The provisions of the preceding three Articles do not apply if the acts establishing pledges provide otherwise or execution against earnings from the immovable collateral (referring to the execution against earnings from immovable collateral provided for in Article 180, item (ii) of the Civil Execution Act; the same applies hereinafter) has been commenced..

If two or more movables with different owners are so joined to each other that they can no longer be separated without damaging the same, ownership of the composite Thing shall vest in the owner of the principal movables.

Article 243 If two or more movable properties with different owners can no longer be separated without damage due to accession, the ownership of the composite thing belongs to the owner of the principal movable property. The same applies if excessive expense is required to separate the movables..

Article 350 The provisions of Articles 296 through 300 and those of Article 304 apply mutatis mutandis to pledges. Article 298 (1) The holder of a right of retention must possess the thing retained with the due care of a prudent manager. (2) The holder of the right of retention may not use, lease or provide as a security the thing retained unless that holder obtains the consent of the obligor;provided, however, that this does not apply to uses necessary for the preservation of that thing. (3) If the holder of a right of retention violates the provisions of the preceding two paragraphs, the obligor may demand that the right of retention be terminated..

If the distinction of principal and accessory cannot be made between the joined movables, based on a demand by one or several owners of each of the movables, the owners shall be determined by court.

Article 244 If the distinction of principal and accessory cannot be made between the movables united by accession, the owner of each movable property co-owns the composite thing in proportion to the respective price current at the time of the accession..

Article 675 (1) A creditor of a partnership may exercise the rights of the creditor against the partnership property. (2) A creditor of a partnership may, at the choice of the creditor, exercise the rights of the creditor against each partner in proportion to their shares of loss or in equal proportions;provided, however, that if a creditor of a partnership knew the proportion of each partner's share of loss at the time of occurrence of the claim, the exercise of the creditor's rights is based on those proportions..

Even if there is an interruption of prescription in favor of one co-owner of dominant land, due to factors of the other co-owners, such extinctive prescription proceeds.

Article 292 If dominant land is co-owned by more than one person, and expiry of prescription period is postponed or prescription period is renewed in favor of one co-owner, the postponement of expiry of prescription period or the renewal of prescription period is also effective for the benefit of other co-owners..

Article 216 If a land suffers or is likely to suffer damage due to destruction or blockage of a structure installed on other land to store, discharge or draw water, the owner of that land may have the owner of that other land repair the structure or remove the impediments, or, if necessary, have the same carry out preventive construction work..

Pledges on movable property do not take effect if there is no delivery, and thus, for that movable, multiple pledges cannot be created.

Article 355 If more than one pledge is created with respect to the same movables, the order of priority of those pledges follow the chronological order of their creation..

Article 623 An employment contract becomes effective when a first party promises to a second party that the first party will engage in work and the second party promises to pay remuneration for this. Article 624 (1) An employee may not demand remuneration until the work the employee promised to perform has been completed. (2) Remuneration specified with reference to a period may be claimed after the passage of that period..

The obligor of a claim whose subject is the delivery of any specified things carries the duty to preserve that thing until the delivery is performed with the same care he/she would exercise over his/her own property.

Article 400 If the subject matter of a claim is the delivery of a specific thing, the obligor must retain the thing with the due care of a prudent manager, which is determined in light of the contract or other sources of claims and the common sense in the transaction, until the delivery..

Article 298 (1) The holder of a right of retention must possess the thing retained with the due care of a prudent manager. (2) The holder of the right of retention may not use, lease or provide as a security the thing retained unless that holder obtains the consent of the obligor;provided, however, that this does not apply to uses necessary for the preservation of that thing. (3) If the holder of a right of retention violates the provisions of the preceding two paragraphs, the obligor may demand that the right of retention be terminated..

Even if the amount of the claim was specified in the currency of a foreign state, the obligor can make the payment in the legal currency of Japan instead of currency of the foreign state.

Article 403 If the amount of the claim is designated in the currency of a foreign state, the obligor may make the payment in Japanese currency converted with the foreign exchange rate at the place of the performance..

Article 117 (1) A person who concludes a contract as an agent of another person is liable to the counterparty for the performance of the contract or compensation for loss or damage, as chosen by the counterparty, unless the person proves the authority to represent or the principal ratifies the contract. (2) The provisions of the preceding paragraph do not apply in the following cases: (i) if the counterparty knew that the person who concluded the contract as an agent of the other person had no authority to represent; (ii) if the counterparty was negligent in not knowing that the person who concluded the contract as an agent of the other person had no authority to represent; provided, however, that this does not apply if the person who concluded a contract as an agent of the other person knew themselves to have no authority to represent; or (iii) if the legal capacity to act of the person who concluded the contract as an agent of the other person was subject to restrictions.

If the subject of the claim is to be identified by way of choice among more than one performance, the right to make the choice shall vest in the obligor as long as there is no special provision.

Article 406 If the subject matter of the claim is to be determined by a choice being made from among more than one performance, the right to choose belongs to the obligor..

Article 537 (1) If one of the parties promises in a contract to render a certain performance to a third party, the third party has the right to claim that performance directly from the obligor. (2) The validity of the contract referred to in the preceding paragraph is not impaired even if a third party does not exist or a third party is not specified at the time of its formation.

If the subject of the claim is to be identified by way of choice among two performances, if one of the performances becomes impossible in the future not due to fault of persons involved that do not possess the right to choose, then the subject of the claim is identified as the other performance.

Article 410 If a performance included in the subject matter of a claim is impossible, and the impossibility is by negligence of the party that has the right to choose, the claim exists to the extent of the remaining performances..

Article 179 (1) If ownership and another real right on the same thing are acquired by the same person, the other real right is extinguished;provided, however, that this does not apply if that thing or the other real right is the object of the right of a third party. (2) If a real right other than ownership and another right for which that real right is the object are acquired by the same person, the other right is extinguished.In this case, the provisions of the proviso to the preceding paragraph apply mutatis mutandis. (3) The provisions of the preceding two paragraphs do not apply to possessory rights..

If the mandatary suffer any loss due to the administration of the mandated business s without negligence in the mandatary, he/she can claimcompensation for the loss from the mandator.

Article 650 (1) If the mandatary has expended costs found to be necessary for the administration of the mandated business, the mandatary may claim reimbursement of those costs from the mandator and any interest on the same from the day the costs were expended. (2) If the mandatary has borne any obligation found to be necessary for the administration of the mandated business, the mandatary may demand that the mandator perform the obligation on the mandatary's behalf. In such cases, if the obligation has not yet fallen due, the mandatary may require the mandator to tender reasonable security. (3) If a mandatary incurs loss or damage that is not due to the negligence of the mandatary in order to administer the mandated business, the mandatary may claim compensation for this from the mandator..

Article 714 (1) When a person without capacity to be assume responsibility is not liable pursuant to the provisions of the preceding two Articles, the person with the statutory obligation to supervise the person without capacity to assume responsibility is liable to compensate for damage that the person without capacity to be assume responsibility has inflicted on a third party;provided, however, that this does not apply if the person who has the obligation to supervise has not failed to perform that person's obligation or if the damage could not have been avoided even if that person had not failed to perform that person's obligation. (2) A person who supervises a person without capacity to be assume responsibility on behalf of the person who has the obligation to supervise also has the liability referred to in the preceding paragraph..

In a revolving guarantee contract on loans, even if the principal determination date is determined, if the maximum amount is not stipulated, it shall not be effective.

Article 465-2 (1) A guarantor to a guarantee contract under which the principal obligation is one or more unidentified obligations within a certain specified scope (hereinafter referred to as a "contract for revolving guarantee") and the guarantor is not a corporation (hereinafter referred to as a "contract for revolving guarantee by an individual") is liable to perform the obligation in terms of the amounts of the principal of the principal obligation, any interest, penalty and compensation for loss or damage in connection with the principal obligation, and all the other charges secondary to the obligation, as well as the amount of any penalty or compensation for loss or damage which is agreed- upon on with regard to the guarantee obligation, up to a certain maximum amount which pertains to all of these amounts. (2) A contract for revolving guarantee by an individual does not become effective unless it provides for the maximum amount prescribed in the preceding paragraph. (3) The provisions of Article 446, paragraphs (2) and (3) apply mutatis mutandis to the provisions concerning a maximum amount prescribed in paragraph (1) in a contract for revolving guarantee by an individual..

Article 525 (1) An offer made without specifying a period for acceptance may not be revoked until the passage of a reasonable period of time for the offeror to receive a notice of acceptance;provided, however, that this does not apply if the offeror reserves the right to revoke. (2) Notwithstanding the provisions of the preceding paragraph, an offer referred to in that paragraph which has been made to a person with whom the offeror is having a dialogue may be revoked at any time while the dialogue continues. (3) If an offeror does not receive from a person with whom the offeror is having a dialogue a notice of acceptance of the offer referred to in paragraph (1) while the dialogue continues, the offer ceases to be effective;provided, however, that this does not apply if the offeror manifests the intention to maintain the effect of the offer after the end of the dialogue..

A lessor who cancels a lease contract for reasons of unauthorized subleasing, and demands the lessee to return the subject matter is not required to demonstrate proof that he/she did not consent to the sublease.

Article 612 (1) A lessee may not assign the lease or sublease a leased thing without obtaining the approval of the lessor. (2) If the lessee allows any third party to make use of or take the profits of a leased thing in violation of the provisions of the preceding paragraph, the lessor may cancel the contract..

Article 559 The provisions of this Section apply mutatis mutandis to contracts for value other than contracts for sale;provided, however, that this does not apply when it is not permitted by the nature of the contract for value. Article 562 (1) If the subject matter delivered to the buyer does not conform to the terms of the contract with respect to the kind, quality or quantity, the buyer may demand that the seller cure the non-conformity of performance by repairing the subject matter, delivering the substitute or delivering the replenishment;provided, however, that the seller may cure the non-conformity of performance by a method that is different from the method demanded by the buyer if it does not impose any undue burden on the buyer. (2) If the non-conformity referred to in the preceding paragraph is due to grounds attributable to the buyer, the buyer may not demand that the seller cure the non-conformity of performance under the provisions of that paragraph..

In cases where a lessee has defrayed necessary expenses with respect to the leased Thing in order to preserve the condition appropriate for profit from ordinary use of the subject, the lessee can wait for the end of the lease and demand the reimbursement of the same from the lessor.

Article 608 (1) If a lessee has defrayed necessary expenses with respect to the leased thing which ought to be borne by the lessor, the lessee may immediately demand the reimbursement of the same from the lessor. (2) If the lessee has incurred beneficial expenses with respect to the leased thing, the lessor must reimburse those expenses on termination of the lease in compliance with the provisions of Article 196, paragraph (2);provided, however, that the court may, at the lessor's request, grant a reasonable period of time for the reimbursement of the same..

Article 620 If a lease is cancelled, the cancellation becomes effective solely toward the future. In such a case, the cancellation does not preclude a claim for compensation for loss or damage. Article 684 The provisions of Article 620 apply mutatis mutandis to partnership contracts..

A lease without a specified term can be requested to be terminated at any time, and doing this will terminate the lease immediately.

Article 617 (1) If the parties do not specify the term of a lease, either party may give a notice of termination at any time. In such cases, a lease as set forth in one of the following items terminates when the term prescribed in that item has passed after the day of the notice of termination: (i) (ii) (iii) (2) With respect to leases of land with harvest seasons, the notice of termination must be given after the end of that season and before the next start of cultivation..

Article 5 (1) A minor must obtain the consent of the minor's legal representative to perform a juridical act;provided, however, that this does not apply to a juridical act for merely acquiring a right or being released from an obligation. (2) A juridical act in contravention of the provisions of the preceding paragraph is voidable. (3) Notwithstanding the provisions of paragraph (1), a minor may freely dispose of property that the legal representative has permitted the minor to dispose of for a specified purpose, to an extent that falls within the scope of that purpose. The same applies if the minor disposes of property that the legal representative has permitted the minor to dispose of without specifying a purpose..

In cases where the lessee of a movable has obtained the consent from the lessor who is the owner to sublease the movable to a sub-lesseef, when the term of the lease between the lessee and the lessor finishes, and the lease is not renewed, the lessor can demand the sub-lessee to return the subject based on ownership.

Article 613 (1) If a lessee lawfully subleases a leased thing, the sublessee is liable to perform an obligation based on the sublease directly to the lessor, to the extent of the scope of the lessee's obligation based on the lease between the lessor and the lessee. In such a case, advance payment of rent may not be duly asserted against the lessor. (2) The provisions of the preceding paragraph do not preclude the lessor from exercising rights against the lessee. (3) If the lessee lawfully subleases a leased thing, the lessor may not duly assert against the sublessee the cancellation by agreement of the lease with the lessee;provided, however, that this does not apply if, at the time of the cancellation, the lessor has a right to cancel due to non-performance on the part of the lessee..

Article 424 (1) An obligee may demand the court to rescind an act which the obligor commits knowing that it will prejudice the obligee; provided, however, that this does not apply if a person that benefits from that act (hereinafter referred to as the "beneficiary" in this Subsection) does not know, at the time of the act, that the obligee will be prejudiced. (2) The provisions of the preceding paragraph do not apply to an act with a subject matter other than property rights. (3) The obligee may make the demand under the provisions of paragraph (1) (hereinafter referred to as "demand for rescission of fraudulent act") only if the obligee's claim has arisen from a cause that existed before the act prescribed in paragraph (1). (4) The obligee may not make demand for rescission of fraudulent act if the obligee's claim is not enforceable by compulsory execution..

Even in cases where consent has been reached between a mandator and a mandatary for the payment of remuneration, if the mandatary cancels the contract of mandate in the middle of performance of the mandated business, the mandatary cannot demand payment of remuneration.

Article 648 (1) In the absence of any special agreements, the mandatary may not claim remuneration from the mandator. (2) If a mandatary is to receive remuneration, the mandatary may not claim this until after having performed the mandated business;provided, however, that if the remuneration is specified with reference to period, the provisions of Article 624, paragraph (2) apply mutatis mutandis. (3) In the following cases, the mandatary may demand remuneration in proportion to the performance already completed: (i) if the mandatary is no longer able to perform the mandated business due to any grounds not attributable to the mandator; or (ii) if the mandate is terminated during the course of performance..

Article 414 (1) If an obligor voluntarily fails to perform an obligation, the obligee may request the court to enforce obligor to perform through methods such as direct compulsion, execution by substitution, or indirect compulsion, in accordance with the provisions of the Civil Execution Act and other laws and regulations concerning the procedure for compulsory execution;provided, however, that this does not apply if the nature of the obligation does not permit the enforcement. (2) The provisions of the preceding paragraph do not preclude claiming compensation for loss or damage..

If the mandatary, received monies and other Things during the course of administrating the mandated bushiness, the mandatary must immediately deliver them to the mandator.

Article 646 (1) A mandatary must deliver to the mandator monies and other things received during the course of administering the mandated business. The same applies to fruits the mandatary has reaped. (2) A mandatary must transfer to the mandator rights that the mandatary has acquired in the mandatary's own name on behalf of the mandator..

Article 701 The provisions of Article 645 through Article 647 apply mutatis mutandis to the benevolent intervention in another's business. Article 645 A mandatary must, if so requested by the mandator, report the current status of the administration of the mandated business at any time, and must report the process and results without delay upon termination of the mandate..

Even in cases where costs, incurred by a mandatary in order to administrate the mandated business with the care of a good manager, are later deemed as a result not to be necessary, the mandatary can demand reimbursement of those fees to the mandator.

Article 650 (1) If the mandatary has expended costs found to be necessary for the administration of the mandated business, the mandatary may claim reimbursement of those costs from the mandator and any interest on the same from the day the costs were expended. (2) If the mandatary has borne any obligation found to be necessary for the administration of the mandated business, the mandatary may demand that the mandator perform the obligation on the mandatary's behalf. In such cases, if the obligation has not yet fallen due, the mandatary may require the mandator to tender reasonable security. (3) If a mandatary incurs loss or damage that is not due to the negligence of the mandatary in order to administer the mandated business, the mandatary may claim compensation for this from the mandator..

Article 665 The provisions of Articles 646 through 648, Article 649, and Article 650, paragraphs (1) and (2) apply mutatis mutandis to bailments. Article 650 (1) If the mandatary has expended costs found to be necessary for the administration of the mandated business, the mandatary may claim reimbursement of those costs from the mandator and any interest on the same from the day the costs were expended. (2) If the mandatary has borne any obligation found to be necessary for the administration of the mandated business, the mandatary may demand that the mandator perform the obligation on the mandatary's behalf. In such cases, if the obligation has not yet fallen due, the mandatary may require the mandator to tender reasonable security. (3) If a mandatary incurs loss or damage that is not due to the negligence of the mandatary in order to administer the mandated business, the mandatary may claim compensation for this from the mandator..

The beneficiary in bad faith of unjust enrichment must return the benefit received together with interest, and if any damages still remain, the beneficiary shall be liable to compensate for the same.

Article 704 A beneficiary in bad faith must return the benefit received together with interest thereon. In such cases, if any damage still remains, the beneficiary is liable to compensate for this..

Article 192 A person that commences the possession of movables peacefully and openly by a transactional act acquires the rights that are exercised with respect to the movables immediately if the person possesses it in good faith and without negligence. Article 193 In the cases provided for in the preceding Article, if the possessed thing constitutes stolen or lost property, the victim or the person that lost the thing may demand the return of that thing from the possessor within two years from the time of the loss or theft.

Even if an obligation does not exist, a person who knows that fact, or does not know by negligence and has tendered anything as performance of an obligation, that person cannot demand the return of the thing tendered.

Article 705 A person that has paid money or delivered anything as performance of an obligation may not demand the return of the money paid or thing delivered if the person knew, at the time, that the obligation did not exist..

Article 591 (1) If the parties do not define the time for return of borrowed things, the lender may demand their return, specifying a reasonable period of time. (2) The borrower may return the borrowed thing at any time, irrespective of whether the parties have defined the time of return of the thing. (3) If the parties defined the time of return of the borrowed thing, and the lender sustains any damage because the borrower returns the thing prior to the time of return, the lender may claim compensation therefor from the borrower..

The person in question may not request a commencement of guardianship, but he/she may request a commencement of curatorship.

Article 7 The family court may decide to commence a guardianship in respect of a person who constantly lacks the capacity to appreciate the person's own situation due to a mental disorder, at the request of the person in question, that person's spouse, that person's relative within the fourth degree of kinship, the person's guardian of a minor, the person's supervisor of a minor's guardian, the person's curator, the person's curator's supervisor, the person's assistant, the person's assistant's supervisor, or a public prosecutor. Article 11 The family court may decide to commence a curatorship in respect of a person whose capacity to appreciate their own situation is extremely inadequate due to a mental disorder, at the request of the person in question, the person's spouse, the person's relative within the fourth degree of kinship, the guardian, the guardian's supervisor, the assistant, the assistant's supervisor, or a public prosecutor;provided, however, that this does not apply to a person in respect of whom a cause set forth in Article 7 exists..

Article 6 (1) A minor who is permitted to conduct one or multiple types of business has the same capacity to act as an adult as far as that business is concerned. (2) In a case as referred to in the preceding paragraph, if there are grounds that make the minor unable to sustain that business, the legal representative may revoke or limit the permission therefor in accordance with the provisions of Part IV (Relatives)..

A pledgee of immovable peroperty may use and receive the profits from the immovable property that is the subject matter of a pledge, in accordance with the method of its use, but may not collect fruits derived by the real property.

Article 356 The pledgee of immovables may use and profit from the immovables that are the subject matter of a pledge in line with the way the relevant immovables are used..

Article 593 A loan for use becomes effective if one of the parties promises to deliver a certain thing, and the other party promises to return the thing when the contract is terminated after the other party gratuitously uses and makes profit of the borrowed thing. Article 400 If the subject matter of a claim is the delivery of a specific thing, the obligor must retain the thing with the due care of a prudent manager, which is determined in light of the contract or other sources of claims and the common sense in the transaction, until the delivery..

If person A donates a house that he/she is renting to person C with a provision for the payment of rent at the end of every month to person B midway through the month, if there is a special agreement between person A and person B, the rent for the month will be distributed between person A and person B in proportion to the number of the days.

Article 89 (1) The ownership of natural fruits is acquired by the person entitled to obtain them when they are separated from the original thing. (2) A person acquires civil fruits in proportion to the duration of the right to obtain them, as calculated on a prorated, daily basis..

Article 186 (1) A possessor is presumed to possess a thing with the intention to own, in good faith peacefully and openly. (2) If there is evidence of possession at two different points in time, it is presumed that possession continued during that interval. Article 188 The possessor is presumed to lawfully have the rights that a possessor exercises with respect to the thing under possession. Article 192 A person that commences the possession of movables peacefully and openly by a transactional act acquires the rights that are exercised with respect to the movables immediately if the person possesses it in good faith and without negligence..

If person B hinders the exercise of ownership for a thing owned by person A using methods other than possession of the thing, person A's ability to demand the removal or discontinuance of the disturbance from B based on ownership is limited to when person A incurs serious and considerable irreparable damage due to person B's disturbance.

Article 206 An owner has the rights to freely use, profit from and dispose of the thing owned, within the limits of laws and regulations..

Article 185 If it is assumed, due to the nature of the title, that a possessor does not have the intention to own, the nature of the possessor's possession does not change unless that possessor manifests the intention to own to the person that put the thing under that person's possession, or commences possession under a new title with an intention to own from that time..

After person A, who is the owner and depositor of a moveable, orders person B, who is the depositary, to thenceforward possess the moveable on behalf of third party person C, and person C consented thereto, person C shall acquire the possessory right for the moveable.

Article 184 If a thing is possessed through an agent, the principal orders that agent to thenceforward possess that thing on behalf of a third party, and that third party consents thereto, the third party acquires the possessory rights..

Article 555 A sale becomes effective when one of the parties promises to transfer certain property rights to the other party and the other party promises to pay the price for this..

If person A, who is the owner and lessor of a moveable, enters into a sales contract with person B, who received the transfer as a lessee, then person A loses the possessory right for the moveable due to the manifestation of intention of person A and person B to the effect that the possessory right is transferred.

Article 182 (1) The transfer of possessory rights is effected by the delivery of the thing possessed. (2) If a transferee or the agent of a transferee is actually holding the thing under possession, the transfer of possessory rights may be effected by the parties' manifestations of intention alone..

Article 333 Statutory liens may not be exercised against the movables that are the subject matter of the same after the obligors have delivered those movables to third party acquirers..

If person B, who is the depositary and gets approval from person A, who is the owner and depositor of a moveable, entered into a deposit contract with third party, person C for the moveable and transferred it, then person B loses the possessory right for the moveable.

Article 181 Possessory rights may be acquired through an agent. Article 658 (1) A bailee may not use the bailed thing without obtaining the consent of the bailor. (2) The bailee may not have a third party keep the bailed thing in custody unless the bailee obtains the consent of the bailor or there is a compelling reason to do so. (3) A sub-bailee has the same rights and obligations as those of the bailee in relation to the bailor within the scope of authority thereof..

Article 509 The obligor of either of the following obligations may not duly assert a set-off against the obligee;provided, however, that this does not apply if the obligee acquires a claim corresponding to the relevant obligation from another person: (i) an obligation for compensation for loss or damage based on a tort committed in bad faith; or (ii) an obligation for compensation for loss or damage for death or injury to person (excluding the one set forth in the preceding item)..

If person A, who is the owner of a moveable and possesses it him/herself, enters into a sale contract with person B, and simultaneously enters into a loan contract for use with person B as the use lender and person A as the lease borrower, then person B acquires the possessory right for the moveable due to the manifestation of intention of person A to the effect that he/she will thenceforward possess the thing on behalf of person B.

Article 183 If an agent manifests the intention to thenceforward possess a thing under the agent's own possession on behalf of the principal, the principal thereby acquires the possessory rights..

Article 333 Statutory liens may not be exercised against the movables that are the subject matter of the same after the obligors have delivered those movables to third party acquirers..

Assuming there is a need to maintain a distance of 50 centimeters or more from the boundary line when building a building, after a year lapses from the time when such construction started, or if that building has been completed, the owner of the adjacent land may not demand changes to the building and may only claim damages.

Article 234 (1) In order to construct a building, the building must be distanced 50 centimeters or more away from the boundary line. (2) If a person attempts to construct a building in violation of the provisions of the preceding paragraph, the owner of the neighboring land may have the construction suspended or changed;provided, however, that if one year passes from the time when that construction started or if that building is completed, the owner may only claim compensation for loss or damage..

Article 364 The creation of a pledge over a claim (including a pledge over a claim which has not yet arisen) may not be duly asserted against a third party obligor and other third parties unless notice of the creation of the pledge is given to that third party obligor in accordance with the provisions of Article 467, or unless that third party obligors gives consent to the same. Article 467 (1) The assignment of a claim (including the assignment of a claim that is yet to arise) may not be duly asserted against the applicable obligor or any other third party, unless the assignor gives notice thereof to the obligor or the obligor has consented to the same. (2) Notice or consent as referred to in the preceding paragraph may not be duly asserted against a third party other than the obligor unless the notice or the consent is made using an instrument bearing a certified date..

A right of retention is not established if the obligee with a secured claim does not possess the subject matter, and even if he/she temporarily has possession, the right shall not be established in cases where the possession commenced by means of a tortious act.

Article 295 (1) If a possessor of a thing belonging to another person has a claim that has arisen in relation to that thing, that possessor may retain that thing until that claim is satisfied;provided, however, that this does not apply if the relevant claim has not yet fallen due. (2) The provisions of the preceding paragraph do not apply if possession commenced by means of a tortious act..

Article 349 The pledgor may not, either by the acts establishing pledges or by contracts made prior to the due dates for the obligations, allow the pledgee to acquire ownership of the thing pledged as satisfaction of the obligations, nor promise to allow the pledgee to dispose of it in any manner other than is prescribed by law..

A right of retention is not established when a secured claim has not yet fallen due.

Article 295 (1) If a possessor of a thing belonging to another person has a claim that has arisen in relation to that thing, that possessor may retain that thing until that claim is satisfied;provided, however, that this does not apply if the relevant claim has not yet fallen due. (2) The provisions of the preceding paragraph do not apply if possession commenced by means of a tortious act..

Article 372 The provisions of Article 296, Article 304 and Article 351 apply mutatis mutandis to mortgages. Article 296 A holder of a right of retention may exercise that holder's rights against the whole of the thing retained until the relevant claim is satisfied in its entirety..

A holder of a right of retention may not accept priority performance from the subject matter, but may accept priority performance from fruits that derived from the subject matter.

Article 297 (1) A holder of a right of retention may collect fruits derived from the thing retained, and appropriate the same to the satisfaction of that holder's own claim before other obligees. (2) The fruits referred to in the preceding paragraph must be appropriated first to the payment of interest on the claim, and any remainder must be appropriated to the satisfaction of the principal..

Article 494 (1) In the following cases, a performer may deposit the subject matter of the performance with an official depository for the benefit of the obligee. In such a case, the claim is extinguished when the performer makes the deposit: (i) the performer tenders the performance, and the obligee refuses to accept it; or (ii) the obligee is unable to accept the performance. (2) The preceding paragraph also applies if the performer is unable to ascertain the obligee;provided, however, that this does not apply if the performer is negligent in this respect. Article 474 (1) A third party may also perform an obligation. (2) A third party that has no legitimate interest in performing an obligation may not perform the obligation against the will of the obligor;provided, however, that this does not apply if the obligee did not know that the performance is against the will of the obligor. (3) The third party prescribed in the preceding paragraph may not perform the obligation against the will of the obligee;provided, however, that this does not apply if the third party performs the obligation as requested by the obligor, and the obligee knew this. (4) The provisions of the preceding three paragraphs do not apply if the nature of an obligation does not permit the performance by a third party or if a party manifests the intention to prohibit or restrict the performance by a third party..

The statutory lien of a lessor of a building shall exist with movables furnished to that building by the lessee.

Article 313 (1) The statutory lien of a lessor of land exists against movables furnished to that land or buildings for the use of that land, movables provided for the use of that land, and fruits of that land in the possession of the lessee. (2) The statutory lien of a lessor of a building exists against movables furnished to that building by the lessee..

Article 599 (1) If the borrower attaches anything to the borrowed thing after receiving it, the borrower has an obligation to remove the attached thing when the loan for use is terminated;provided, however, that this does not apply to anything that is unable to be detached from the borrowed thing or that requires excessive expenses for the detachment. (2) The borrower may remove anything that the borrower has attached to the borrowed thing after receiving it. (3) If any damage is caused to the borrowed thing after the borrower receives it, the borrower has an obligation to restore the damaged thing when the loan for use is terminated;provided, however, that this does not apply if the damage is caused due to any grounds not attributable to the borrower. Article 616 The provisions of Article 594, paragraph (1) apply mutatis mutandis to leases..

An obligee that has a general statutory lien may exercise the statutory lien concerning money that the obligor has received in payment as compensation for that Thing owned.

Article 304 (1) A statutory lien may also be exercised against things including monies that the obligor is to receive as a result of the sale, lease or loss of, or damage to, the subject matter of the statutory lien;provided, however, that the holder of the statutory lien must attach the same before the payment or delivery of the monies or other thing. (2) The provisions of the preceding paragraph also apply to the consideration for real rights created by the obligor on the subject matter of the statutory lien..

Article 297 (1) A holder of a right of retention may collect fruits derived from the thing retained, and appropriate the same to the satisfaction of that holder's own claim before other obligees. (2) The fruits referred to in the preceding paragraph must be appropriated first to the payment of interest on the claim, and any remainder must be appropriated to the satisfaction of the principal..

A pledge creation contract that has immovable properties or movables as its objective shall take effect by delivering the subject matter, but this transfer may be either a summary transfer or a transfer of possession by instruction.

Article 344 The creation of a pledge becomes effective through delivery of the subject matter of the pledge to the obligee. Article 345 A pledgee may not allow a pledgor to possess the thing pledged on behalf of the pledgee..

Article 95 (1) A manifestation of intention is voidable if it is based on either of the following mistakes, and the mistake is material in light of the purpose of the juridical act and the common sense in the transaction: (i) a mistake wherein the person lacks the intention that corresponds to the manifestation of intention; or (ii) a mistake wherein the person making the manifestation of intention holds an understandings that does not correspond to the truth with regard to the circumstances which the person has taken as the basis for the juridical act. (2) A manifestation of intention under the provisions of item (ii) of the preceding paragraph may be rescinded only if it has been indicated that the circumstances in question are being taken as the basis for the juridical act. (3) If a mistake is due to gross negligence on the part of the person making the manifestation of intention, that person may not rescind a manifestation of intention as under paragraph (1), except in the following cases: (i) if the other party knew, or did not know due to gross negligence, of the mistake on the part of the person making the manifestation of intention; or (ii) if the other party was under the same mistake as the person making the manifestation of intention. (4) The rescission of a manifestation of intention under the provisions of paragraph (1) may not be duly asserted against a third party in good faith acting without negligence. Article 96 (1) A manifestation of intention based on fraud or duress is voidable. (2) If a third party commits a fraud inducing a first party to make a manifestation of intention to a second party, that manifestation of intention is voidable only if the second party knew or could have known that fact. (3) The rescission of a manifestation of intention induced by fraud under the provisions of the preceding two paragraphs may not be duly asserted against a third party in good faith acting without negligence..

In order for a guarantor to exercise the right of defense of obligor's solvency, he/she must prove that the principal obligor has the financial resources to pay his/her obligation and that the execution would be easily performed.

Article 453 Even after the obligee has made a demand to the principal obligor in accordance with the provisions of the preceding Article, the obligee must first execute on the property of the principal obligor if the guarantor proves that the principal obligor has the financial resources to pay the obligation and that the execution can be easily performed..

Article 297 (1) A holder of a right of retention may collect fruits derived from the thing retained, and appropriate the same to the satisfaction of that holder's own claim before other obligees. (2) The fruits referred to in the preceding paragraph must be appropriated first to the payment of interest on the claim, and any remainder must be appropriated to the satisfaction of the principal..

If an obligor acknowledges assignment of a claim vis-a-vis either the assigner or the assignee, the assignee may raise the assignment as a defense against the obligor.

Article 467 (1) The assignment of a claim (including the assignment of a claim that is yet to arise) may not be duly asserted against the applicable obligor or any other third party, unless the assignor gives notice thereof to the obligor or the obligor has consented to the same. (2) Notice or consent as referred to in the preceding paragraph may not be duly asserted against a third party other than the obligor unless the notice or the consent is made using an instrument bearing a certified date..

Article 492 Upon tendering the performance, the obligor is relieved from any and all responsibilities which may arise from the non-performance of the obligation..

Any performance vis-a-vis a person that has no authority to receive the payment has no effect vis-a-vis the creditor, except in cases where it has an effect as a payment vis-a-vis a holder of quasi-possession of the claim.

Article 478 Performance made to a person that does not constitute a person authorized to accept the performance (meaning the obligee or a third party authorized to accept performance based on the provisions of laws and regulations or the manifestation of intention of the parties; the same applies hereinafter) but that appears to be the person authorized to accept the performance in light of common sense in the transaction is effective only if the person effecting performance was acting in good faith and without negligence. Article 479 Except as provided in the preceding Article, any performance made to a person other than the person with right to performance is effective only to the extent that the obligee is enriched as a result thereof..

Article 677 A partner's creditor may not exercise the rights of that creditor against the partnership property..

If a third party obligor who has been enjoined from making payment has paid his/her obligation to his/her own obligee, the relevant obligee shall not entitled to request such third party obligor to make payment, even to the extent he/she suffered the damages.

Article 481 (1) If a third party obligor of a claim that has been attached performs the obligation to that third party's own obligee, the attaching obligee is entitled to request the third party obligor to perform the obligation de novo to the extent of the damage sustained by the attaching obligee. (2) The provisions of the preceding paragraph do not preclude the relevant third party obligor from exercising the right to reimbursement from the obligee..

Article 494 (1) In the following cases, a performer may deposit the subject matter of the performance with an official depository for the benefit of the obligee. In such a case, the claim is extinguished when the performer makes the deposit: (i) the performer tenders the performance, and the obligee refuses to accept it; or (ii) the obligee is unable to accept the performance. (2) The preceding paragraph also applies if the performer is unable to ascertain the obligee;provided, however, that this does not apply if the performer is negligent in this respect..

In cases where an active claim extinguished due to prescription, set-off may not be performed, but the adverse party may abandon the benefits of prescription and effect the set-off.

Article 508 If a claim extinguished by prescription was eligible for set-off prior to its extinguishment, the obligee may use that claim for the set-off..

Article 406 If the subject matter of the claim is to be determined by a choice being made from among more than one performance, the right to choose belongs to the obligor. Article 407 (1) The right to choose under the preceding Article is exercised by manifesting the intention to the counterparty. (2) The manifestation of intention referred to in the preceding paragraph may not be withdrawn without the consent of the counterparty.

Since a mandate contract is a consensual contract, it shall be effective if there is an oral agreement. However, in order to assert the effect of a mandate contract to a third party, it must be documented in writing.

Article 643 A mandate becomes effective when a first party asks a second party with performing a juridical act, and the second party accepts this..

Article 346 A pledges secures the principal, interest, penalties, expenses of enforcing the pledge, expense of preserving the thing pledged and the compensation of loss or damage arising from failure to perform obligations or latent defects in the thing pledged;provided, however, that this does not apply if the act establishing the pledge provides otherwise..

If a mortgage creation contract has the agreement of the mortgagee and of the mortgagor that has ownership of the subject matter of the mortgage, it will be effective even if it is not in writing and there is no registration of its creation.

Article 176 The creation and transfer of a real right becomes effective solely by the manifestations of intention of the parties. Article 177 Acquisitions of, losses of and changes in real rights on immovables may not be duly asserted against any third parties, unless the same are registered pursuant to the applicable provisions of the Real Property Registration Act (Act No. 123 of 2004) and other laws regarding registration..

Article 387 (1) A registered lease may be duly asserted against mortgagees that hold mortgages registered prior to the registration of that lease if all mortgagees that hold those mortgages give their consent and those consents are registered. (2) For a mortgagee to give the consent referred to in the preceding paragraph, the approval of the persons that hold rights for which the mortgage is the subject matter and other persons that will suffer detriment as a result of the consent of the mortgagee must be obtained..

A guarantor may revoke a contract of guarantee that is not in writing. However, this shall not apply for the portion that has been performed.

Article 446 (1) A guarantor has the responsibility to perform the obligation of the principal obligor when the latter fails to perform that obligation. (2) No guarantee contract becomes effective unless it is made in writing. (3) If a guarantee contract is concluded by electronic or magnetic record which records the terms thereof, the guarantee contract is deemed to be made in writing, and the provisions of the preceding paragraph apply..

Article 298 (1) The holder of a right of retention must possess the thing retained with the due care of a prudent manager. (2) The holder of the right of retention may not use, lease or provide as a security the thing retained unless that holder obtains the consent of the obligor;provided, however, that this does not apply to uses necessary for the preservation of that thing. (3) If the holder of a right of retention violates the provisions of the preceding two paragraphs, the obligor may demand that the right of retention be terminated. Article 350 The provisions of Articles 296 through 300 and those of Article 304 apply mutatis mutandis to pledges..

A person who commences the management of a business for another person without being obliged to do so may not demand compensation from the principal, even if he/she expends useful expenses for the principal, when that management is against the intention of the principal.

Article 702 (1) If a manager has incurred beneficial expenses for a principal, the manager may claim reimbursement of those costs from the principal. (2) The provisions of Article 650, paragraph (2) apply mutatis mutandis if a manager has incurred beneficial obligations on behalf of the principal. (3) If a manager has engaged in the benevolent intervention in another's business against the will of the principal, the provisions of the preceding two paragraphs apply mutatis mutandis, solely to the extent currently enriched..

Article 623 An employment contract becomes effective when a first party promises to a second party that the first party will engage in work and the second party promises to pay remuneration for this. Article 624 (1) An employee may not demand remuneration until the work the employee promised to perform has been completed. (2) Remuneration specified with reference to a period may be claimed after the passage of that period..

A third party who has no interest in an obligation may not perform the obligation against the will of the obligor.

Article 474 (1) A third party may also perform an obligation. (2) A third party that has no legitimate interest in performing an obligation may not perform the obligation against the will of the obligor;provided, however, that this does not apply if the obligee did not know that the performance is against the will of the obligor. (3) The third party prescribed in the preceding paragraph may not perform the obligation against the will of the obligee;provided, however, that this does not apply if the third party performs the obligation as requested by the obligor, and the obligee knew this. (4) The provisions of the preceding three paragraphs do not apply if the nature of an obligation does not permit the performance by a third party or if a party manifests the intention to prohibit or restrict the performance by a third party..

Article 676 (1) If a partner has disposed of the interest of the partner with respect to the partnership property, that partner may not duly assert that disposition against the partnership or third parties that had dealings with the partnership. (2) A partner may not independently exercise the rights with regard to a claim that is included in the partnership property based on that partner's interest in the claim. (3) A partner may not seek the division of the partnership property before liquidation..

In cases where person C was unaware that the ownership of real property L belonged to person A at the time of the execution of the sales contract between person B and person C, since person C is mistaken regarding an essential element of the sales contract, and the contract is not effective, person B bears no obligation to acquire ownership from person A and transfer it to person C.

Article 95 (1) A manifestation of intention is voidable if it is based on either of the following mistakes, and the mistake is material in light of the purpose of the juridical act and the common sense in the transaction: (i) a mistake wherein the person lacks the intention that corresponds to the manifestation of intention; or (ii) a mistake wherein the person making the manifestation of intention holds an understandings that does not correspond to the truth with regard to the circumstances which the person has taken as the basis for the juridical act. (2) A manifestation of intention under the provisions of item (ii) of the preceding paragraph may be rescinded only if it has been indicated that the circumstances in question are being taken as the basis for the juridical act. (3) If a mistake is due to gross negligence on the part of the person making the manifestation of intention, that person may not rescind a manifestation of intention as under paragraph (1), except in the following cases: (i) if the other party knew, or did not know due to gross negligence, of the mistake on the part of the person making the manifestation of intention; or (ii) if the other party was under the same mistake as the person making the manifestation of intention. (4) The rescission of a manifestation of intention under the provisions of paragraph (1) may not be duly asserted against a third party in good faith acting without negligence..

Article 192 A person that commences the possession of movables peacefully and openly by a transactional act acquires the rights that are exercised with respect to the movables immediately if the person possesses it in good faith and without negligence..

Provisions for statutory liens for real property construction are established in the Civil Code.

Article 327 (1) Statutory lien for construction work for immovables exists, with respect to immovables, in connection with the expenses of construction work performed by a person that designs, constructs or supervises construction regarding the immovables of the obligor. (2) The statutory liens referred to in the preceding paragraph exist with respect to the relevant increased value alone, but only if there is a current increase in the value of the immovables resulting from the construction work..

Article 302 A right of retention is extinguished if the holder of the right of retention loses possession of the thing retained;provided, however, that this does not apply if the thing retained is leased or it is made the subject of a pledge pursuant to the provisions of Article 298, paragraph (2)..

Any person who has insufficient capacity to appreciate right or wrong due to any mental disability may not request a ruling of commencement of assistance in person.

Article 15 (1) The family court may decide to commence an assistance in respect of a person whose capacity to appreciate their own situation is inadequate due to a mental disorder, at the request of the person in question, that person's spouse, that person's relative within the fourth degree of kinship, the guardian, the guardian's supervisor, the curator, the curator's supervisor, or a public prosecutor;provided, however, that this does not apply to a person with respect to whom there are grounds as prescribed in Article 7 or the main clause of Article 11. (2) The issuance of a decision for commencement of assistance at the request of a person other than the person in question requires the consent of the person in question. (3) A decision for commencement of assistance must be made concurrent with a decision as referred to in Article 17, paragraph (1) or a decision as referred to in Article 876-9, paragraph (1)..

Article 295 (1) If a possessor of a thing belonging to another person has a claim that has arisen in relation to that thing, that possessor may retain that thing until that claim is satisfied;provided, however, that this does not apply if the relevant claim has not yet fallen due. (2) The provisions of the preceding paragraph do not apply if possession commenced by means of a tortious act. Article 303 The holder of a statutory lien has the rights to have that holder's own claim satisfied prior to other obligees out of the assets of the relevant obligor in accordance with the provisions of laws including this Act. Article 388 If the land and a building on that land belong to the same owner, a mortgage is created with respect to that land or building, and the enforcement of that mortgage causes them to belong to different owners, it is deemed that a superficies has been created with respect to that building.In this case, the rent is fixed by the court at the request of the parties..

In cases where the adult concluded a contract, and later, he/she became subject to the ruling of commencement of guardianship,the gurdian of adult may rescind the contract by proving that there is a ground for commencement of guardinaship.

Article 120 (1) An act that is voidable on the grounds of the qualified legal capacity to act of the person who did the act may be rescinded only by the person with qualified legal capacity (in the case of an act performed by the person as a legal representative of another person with limited capacity, including that other person with limited capacity), or an agent or successor thereof, or a person who has the authority to give consent thereto. (2) An act that is voidable on the grounds of a mistake, fraud or duress may be rescinded only by the person who made the defective manifestation of intention, or an agent or successor thereof..

Article 452 If an obligee has requested performance of an obligation from the guarantor, the guarantor may request the obligee to demand performance of the principal obligor first;provided, however, that this does not apply if the principal obligor is subject to an order commencing bankruptcy proceeding or if the principal obligor's whereabouts are unknown..

A manifestation of intention made by a third party to an agent representing that tha same is made on behalf of the principal binds the principal, even if an agent recieves the same with no indication that it is made on behalf of the principal.

Article 99 (1) A manifestation of intention that an agent makes indicating that they will be making a manifestation of intention on behalf of the principal within the scope of the agent's authority binds the principal directly. (2) The provisions of the preceding paragraph apply mutatis mutandis to a manifestation of intention that a third party makes to an agent..

Article 479 Except as provided in the preceding Article, any performance made to a person other than the person with right to performance is effective only to the extent that the obligee is enriched as a result thereof. Article 478 Performance made to a person that does not constitute a person authorized to accept the performance (meaning the obligee or a third party authorized to accept performance based on the provisions of laws and regulations or the manifestation of intention of the parties; the same applies hereinafter) but that appears to be the person authorized to accept the performance in light of common sense in the transaction is effective only if the person effecting performance was acting in good faith and without negligence..

In cases the validity of a manifestation of intention should be affected by knowing any paricular circumstance, whether or not such fact existed shall, at the election of the principal, be determined with eigther the principal or the agent.

Article 101 (1) If the validity of a manifestation of intention that an agent has made to the other party is to be influenced by the absence of intention; by mistake, fraud, or duress; or by the knowledge of or negligence in not knowing of a particular circumstance; whether or not any such fact was present is decided as it concerns the agent. (2) If the validity of a manifestation of intention that the other party has made to the agent is to be influenced by the recipient's knowledge of or negligence in not knowing of a particular circumstance, whether or not any such fact was present is decided as it concerns the agent. (3) If an agent who has been entrusted with performing a specific juridical act performs that act, the principal may not assert that the agent did not know of any particular circumstance of which the principal knew. The same applies to any circumstance of which the principal did not know due to the principal's own negligence..

Article 152 (1) If a right is acknowledged, a new period of prescription commences to run at the time of the acknowledgment. (2) With respect to the disposition of the right of the other party, an acknowledgment referred to in the preceding paragraph does not require unlimited capacity to act or authority. Article 467 (1) The assignment of a claim (including the assignment of a claim that is yet to arise) may not be duly asserted against the applicable obligor or any other third party, unless the assignor gives notice thereof to the obligor or the obligor has consented to the same. (2) Notice or consent as referred to in the preceding paragraph may not be duly asserted against a third party other than the obligor unless the notice or the consent is made using an instrument bearing a certified date..

A privately appointed agent shall not be responsible vis-a-vis the principal for the appointment and supervision of such sub-agent if it appointed the sub-agent in accordance with the nomination by the principal: provided, however, that, this shall not apply to the cases where the agent knows that the sub-agent is untrustworthy, and fails to notify the principal thereof or to dismiss the sub-agent.

Article 105 A legal representative may appoint a subagent on its own responsibility. In such a case, if there is a compelling reason to do so, the legal representative is only liable to the principal for the appointment and supervision of the subagent..

Article 9 A juridical act performed by an adult ward is voidable;provided, however, that this does not apply to the purchase of daily necessities or to any other act involved in day-to-day life. Article 120 (1) An act that is voidable on the grounds of the qualified legal capacity to act of the person who did the act may be rescinded only by the person with qualified legal capacity (in the case of an act performed by the person as a legal representative of another person with limited capacity, including that other person with limited capacity), or an agent or successor thereof, or a person who has the authority to give consent thereto. (2) An act that is voidable on the grounds of a mistake, fraud or duress may be rescinded only by the person who made the defective manifestation of intention, or an agent or successor thereof..

A contract concluded by a person without any authority of agency may not be rescined by the counterparty who knew that the agent had no authority of agency at the time of the conclusion of the contract, even before the principal ratifies it.

Article 115 A counterparty may rescind a contract that a person without the authority to represent has concluded until the principal ratifies it;provided, however, that this does not apply if the counterparty knew at the time of the conclusion of the contract that the agent had no authority to represent..

Article 122 A voidable act may not be rescinded after the person prescribed in Article 120 ratifies it. Article 120 (1) An act that is voidable on the grounds of the qualified legal capacity to act of the person who did the act may be rescinded only by the person with qualified legal capacity (in the case of an act performed by the person as a legal representative of another person with limited capacity, including that other person with limited capacity), or an agent or successor thereof, or a person who has the authority to give consent thereto. (2) An act that is voidable on the grounds of a mistake, fraud or duress may be rescinded only by the person who made the defective manifestation of intention, or an agent or successor thereof..

In cases where it is already established conclusively at the time of the performance of the applicable juristic act that a certain condition will not be fulfilled, if such condition is a condition subsequent, such juristic act shall be unconditional; on the other hand, if such condition is a condition precedent, such juristic act shall be void.

Article 131 (1) If a condition has already been fulfilled at the time of a juridical act and that condition is a condition precedent, the juridical act constitutes an unconditional juridical act; if that condition is a condition subsequent, the juridical act is void. (2) If it has already been established at the time of a juridical act that a condition will not be fulfilled and that condition is a condition precedent, the juridical act is void; if that condition is a condition subsequent, the juridical act constitutes an unconditional act. (3) In the cases referred to in the provisions of the preceding two paragraphs, the provisions of Article 128 and Article 129 apply mutatis mutandis until the relevant party becomes aware that the condition has been or has not been fulfilled..

Article 166 (1) A claim is extinguished by prescription in the following cases: (i) if the obligee does not exercise the right within five years from the time when the obligee came to know that it was exercisable; or (ii) if the obligee does not exercise the right within 10 years from the time when it became exercisable.

In cases where (A) and (B) have a joint and several obligation which A bears the portion of all, the extinctive prescription of A's obligation shall not be nullified even if B acknowledge B's obligation to the obligee; therefore, B also shall be relieved of the obligation if the extinctive prescription is completed.

Article 441 Except in cases prescribed in Articles 438, Article 439, paragraph (1), and the preceding Article, any circumstances which have arisen with respect to one of the joint and several obligors is not effective in relation to other joint and several obligors;provided, however, that if the obligee and one of the other joint and several obligors manifest a different intention, their intention prevails with respect to the effect in relation to the remaining other joint and several obligees..

Article 455 If after the guarantor makes a request or gives proof pursuant to the provisions of Article 452 or Article 453, the obligee fails to demand or to levy execution and becomes unable to obtain full performance from the principal obligor as a result of that, the guarantor is released from the obligation to the extent that the obligee would have received payment if the obligee had immediately demanded or levied execution..

In cases where (A) and (B) is a married couple, if A engages in juristic act with (C) in the single name of oneself regarding everyday household matters, the extinctive prescription of C's credit against B shall be nullified upon the judical claim of C's credit against B.

Article 441 Except in cases prescribed in Articles 438, Article 439, paragraph (1), and the preceding Article, any circumstances which have arisen with respect to one of the joint and several obligors is not effective in relation to other joint and several obligors;provided, however, that if the obligee and one of the other joint and several obligors manifest a different intention, their intention prevails with respect to the effect in relation to the remaining other joint and several obligees..

Article 459 (1) If a guarantor gives guarantee as requested by the principal obligor, and performs the obligation on behalf of the principal obligor or performs any other act that causes the obligation to be extinguished in exchange for the guarantor's own property (hereinafter referred to as an "act for extinguishment of obligation"), the guarantor has a right to reimbursement from the principal obligor for the amount of property expended for that act (if the amount of property exceeds the amount of the principal obligation extinguished by the act for extinguishment of obligation, the amount thus extinguished). (2) The provisions of Article 442, paragraph (2) apply mutatis mutandis to the cases set forth in the preceding paragraph..

A claim may be extinguished by extinctive prescription; however, a real right may not.

Article 166 (1) A claim is extinguished by prescription in the following cases: (i) if the obligee does not exercise the right within five years from the time when the obligee came to know that it was exercisable; or (ii) if the obligee does not exercise the right within 10 years from the time when it became exercisable. (2) A claim or property right other than ownership is extinguished by prescription if not exercised within 20 years from the time when the right became exercisable. (3) The provisions of the preceding two paragraphs do not preclude the commencement of acquisitive prescription for the benefit of a third party that possesses the subject matter of a right with a time of commencement or a right subject to a condition precedent, at the time of commencing the possession;provided, however, that the holder of the right may demand acknowledgment from the possessor at any time to renew the prescription period. Article 291 The period of the extinctive prescription provided for in Article 166, paragraph (2) commences upon the final exercise of the servitude if the servitude is not exercised continuously, and upon the occurrence of a fact that prevents the exercise of the servitude if the servitude is exercised continuously..

Article 21 If a person with qualified legal capacity uses fraudulent means to induce another person to believe that the person is a person with legal capacity to act, the person may not rescind the act in question..

A claim may be the subject of another claim; howver, a claim may not be subject of a real right.

Article 362 (1) A pledge may have a property right for its subject matter. (2) Beyond what is provided for in this Section, the provisions of the preceding three Sections (General Provisions, Pledges on Movables and Pledges of Immovables) apply mutatis mutandis to pledges referred to in the preceding paragraph, provided that it is not inconsistent with the nature of the same. Article 364 The creation of a pledge over a claim (including a pledge over a claim which has not yet arisen) may not be duly asserted against a third party obligor and other third parties unless notice of the creation of the pledge is given to that third party obligor in accordance with the provisions of Article 467, or unless that third party obligors gives consent to the same. Article 588 If any person has an obligation to pay money or deliver other thing under any arrangement, and the parties agree to regard such thing as the subject matter of a loan for consumption, it is deemed that this establishes a loan for consumption..

Article 428 The provisions of the following Subsection (Joint and Several Claims) (excluding the provisions of Articles 433 and 435) apply mutatis mutandis if the subject matter of a claim is indivisible by nature and the claim is held by two or more obligees..

(A) bought the movable "a" from (B) and A aquired possessory right by constructive transfer, however B is forcibly dispossessed the movable "a" by (C). In this case, A may claim for the restoration of the movable "a" against C not only based on the ownership but also by bringing an action for recovery of possession.

Article 183 If an agent manifests the intention to thenceforward possess a thing under the agent's own possession on behalf of the principal, the principal thereby acquires the possessory rights. Article 200 (1) If a possessor is forcibly dispossessed, the possessor may demand the restitution of the thing and compensation for loss or damage by filing an action for recovery of possession. (2) An action for recovery of possession may not be filed against a specific successor of a person that forcibly takes possession;provided, however, that this does not apply if that successor had knowledge of the fact that the person has unlawfully taken the possession..

Article 295 (1) If a possessor of a thing belonging to another person has a claim that has arisen in relation to that thing, that possessor may retain that thing until that claim is satisfied;provided, however, that this does not apply if the relevant claim has not yet fallen due. (2) The provisions of the preceding paragraph do not apply if possession commenced by means of a tortious act..

(A) got the creation of the pledge regarding to the B'movable "a" in order to secure the A's credit against B. In such case, the creation of the pledge shall not take effect by only delivering the movable "a" in way of transfers of possession by instructions.

Article 184 If a thing is possessed through an agent, the principal orders that agent to thenceforward possess that thing on behalf of a third party, and that third party consents thereto, the third party acquires the possessory rights. Article 344 The creation of a pledge becomes effective through delivery of the subject matter of the pledge to the obligee..

Article 643 A mandate becomes effective when a first party asks a second party with performing a juridical act, and the second party accepts this. Article 656 The provisions of this Section apply mutatis mutandis to entrustments of business that do not constitute juridical acts..

Any claim of a real right based on an ownership is the right derived from the ownership; therefore, only a claim of real right separated from an ownership may not be assigned, but may be extinguished by an extinctive prescription.

Article 206 An owner has the rights to freely use, profit from and dispose of the thing owned, within the limits of laws and regulations..

Article 184 If a thing is possessed through an agent, the principal orders that agent to thenceforward possess that thing on behalf of a third party, and that third party consents thereto, the third party acquires the possessory rights..

Although (A), (B) and (C) co-own the land used as a farm in one third of proportion, a third party with the consent of A is going to develop the land to a residential land. In such case, C, by oneself, may demand the third party not to develop all of the land as exercing the claim of the real right based on co-ownership.

Article 249 Each co-owner may use the entire property in co-ownership in proportion to each co-owner's interest..

Article 200 (1) If a possessor is forcibly dispossessed, the possessor may demand the restitution of the thing and compensation for loss or damage by filing an action for recovery of possession. (2) An action for recovery of possession may not be filed against a specific successor of a person that forcibly takes possession;provided, however, that this does not apply if that successor had knowledge of the fact that the person has unlawfully taken the possession..

In cases where (A) have created the superficy for (B) and (C) over A's land and registered such fact, even if the superficy is in quasi co-ownership by B and C, the supecify shall be extinguished if B acquires the ownership of A's land.

Article 179 (1) If ownership and another real right on the same thing are acquired by the same person, the other real right is extinguished;provided, however, that this does not apply if that thing or the other real right is the object of the right of a third party. (2) If a real right other than ownership and another right for which that real right is the object are acquired by the same person, the other right is extinguished.In this case, the provisions of the proviso to the preceding paragraph apply mutatis mutandis. (3) The provisions of the preceding two paragraphs do not apply to possessory rights..

Article 28 If an administrator needs to perform an act exceeding the authority provided for in Article 103, the administrator may perform that act after obtaining the permission of the family court. The same applies if it is unclear whether the absentee is dead or alive and the administrator needs to perform an act exceeding the authority established by the absentee. Article 103 An agent who has no specifically defined authority has the authority to perform the following acts only: (i) acts of preservation; and (ii) acts with the purpose of using or improving a thing or right that is the subject matter of the agency, to the extent that this does not change the nature of that thing or right..

In cases where (B) has the superficy over (A)'s land and registered such fact, and erected a building on A's land to lease to (C), the supecify shall not be extinguished even if B acquires the ownership of A's land.

Article 179 (1) If ownership and another real right on the same thing are acquired by the same person, the other real right is extinguished;provided, however, that this does not apply if that thing or the other real right is the object of the right of a third party. (2) If a real right other than ownership and another right for which that real right is the object are acquired by the same person, the other right is extinguished.In this case, the provisions of the proviso to the preceding paragraph apply mutatis mutandis. (3) The provisions of the preceding two paragraphs do not apply to possessory rights..

Article 269-2 (1) An underground space or airspace may be established as the subject matter of superficies for ownership of structures, through the specification of upper and lower extents. In such a case, restrictions on the use of that land may be added in the act that establishes superficies for the purpose of facilitating the exercise of the superficies.

Rights of Retention is the right hold by a possessor of a Thing belonging to another porson; therefore, in cases a holder a right of retention leases the Thing retained to a third party, a right of retention shall be extinguished even if he/she obtains the consent of an owner.

Article 302 A right of retention is extinguished if the holder of the right of retention loses possession of the thing retained;provided, however, that this does not apply if the thing retained is leased or it is made the subject of a pledge pursuant to the provisions of Article 298, paragraph (2). Article 298 (1) The holder of a right of retention must possess the thing retained with the due care of a prudent manager. (2) The holder of the right of retention may not use, lease or provide as a security the thing retained unless that holder obtains the consent of the obligor;provided, however, that this does not apply to uses necessary for the preservation of that thing. (3) If the holder of a right of retention violates the provisions of the preceding two paragraphs, the obligor may demand that the right of retention be terminated..

Article 608 (1) If a lessee has defrayed necessary expenses with respect to the leased thing which ought to be borne by the lessor, the lessee may immediately demand the reimbursement of the same from the lessor. (2) If the lessee has incurred beneficial expenses with respect to the leased thing, the lessor must reimburse those expenses on termination of the lease in compliance with the provisions of Article 196, paragraph (2);provided, however, that the court may, at the lessor's request, grant a reasonable period of time for the reimbursement of the same..

A mortgage may also be exercised against the claim for damage that the obligor is to receive as a result of the loss of the subject matter of the mortgage; on the other hand, a right of retention may not.

Article 372 The provisions of Article 296, Article 304 and Article 351 apply mutatis mutandis to mortgages. Article 304 (1) A statutory lien may also be exercised against things including monies that the obligor is to receive as a result of the sale, lease or loss of, or damage to, the subject matter of the statutory lien;provided, however, that the holder of the statutory lien must attach the same before the payment or delivery of the monies or other thing. (2) The provisions of the preceding paragraph also apply to the consideration for real rights created by the obligor on the subject matter of the statutory lien..

Article 545 (1) If one of the parties exercises the right to cancel, each party assumes an obligation to restore the other party to that other party's original state;provided, however, that this may not prejudice the rights of a third party. (2) In the case referred to in the main clause of the preceding paragraph, if any monies are to be refunded, interest must accrue from the time of the receipt of those monies. (3) In the case referred to in the main clause of paragraph (1), if a thing other than money is to be returned, fruits that have accrued on or after the time of the receipt of the thing must also be returned. (4) The exercise of the right to cancel does not preclude claims for compensation for loss or damage..

A person who acquires a claim from a revolving mortgagee before the principal is fixed may not exercise the Revolving Mortgage with respect to such claim.

Article 398-7 (1) A person that acquires a claim from a revolving mortgagee before the principal is crystallized may not exercise the revolving mortgage with respect to that claim. The same applies to a person that made payment for or on behalf of an obligor before the principal was crystallized. (2) If an obligation is assumed before the principal is crystallized, the revolving mortgagee may not exercise the revolving mortgage with respect to the obligation of the person that assumes the obligation. (3) If the assumption of obligation releasing an old obligor is effected before the principal is crystallized, the obligee may not transfer the revolving mortgage to the obligation assumed by the new obligor, notwithstanding the provisions of Article 472-4, paragraph (1). (4) If any novation due to the substitution of the obligee is effected before the principal is crystallized, the obligee before the novation may not transfer the revolving mortgage to the obligations after the novation, notwithstanding the provisions of Article 518, paragraph (1). The same applies to the obligee in the case of novation due to the substitution of the obligor before the principal is crystallized..

Article 577 (1) If a mortgage that does not conform to the terms of the contract is registered on immovables that have been purchased, the buyer may refuse to pay the price until the completion of the procedures of the claim for extinguishment of the mortgage. In such cases, the seller may demand that the buyer file the claim for extinguishment of the mortgage without delay. (2) The provisions of the preceding paragraph apply mutatis mutandis if a statutory lien or pledge that does not conform to the terms of the contract is registered on the immovables that have been bought..

In cases where there is the special provision, between the seller and the buyer, that a statutoriy lien may be exercised with respect to the movables that are the subject matter of the same after the obligors have delivered those movables to third-party acquirers, the statutory lien may not be exercised with respect to the movables that are the subject matter of the same after the buyer have delivered those movables to the re-buyer even if the re-buyer has knowledge that special provision.

Article 333 Statutory liens may not be exercised against the movables that are the subject matter of the same after the obligors have delivered those movables to third party acquirers..

Article 441 Except in cases prescribed in Articles 438, Article 439, paragraph (1), and the preceding Article, any circumstances which have arisen with respect to one of the joint and several obligors is not effective in relation to other joint and several obligors;provided, however, that if the obligee and one of the other joint and several obligors manifest a different intention, their intention prevails with respect to the effect in relation to the remaining other joint and several obligees..

Even if there is a special provision, between pledgee and pledgor, that the pledge does not secure the interest, the pledge of movables shall secure such interest.

Article 346 A pledges secures the principal, interest, penalties, expenses of enforcing the pledge, expense of preserving the thing pledged and the compensation of loss or damage arising from failure to perform obligations or latent defects in the thing pledged;provided, however, that this does not apply if the act establishing the pledge provides otherwise..

Article 466 (1) A claim may be assigned;provided, however, that this does not apply if its nature does not permit the assignment. (2) Even if a party to a claim manifests the intention to prohibit or restrict the assignment of the claim (hereinafter referred to as the "manifestation of intention to restrict assignment"), the validity of the assignment of the claim is not impaired. (3) In the case prescribed in the preceding paragraph, the obligor may refuse to perform the obligation to a third party such as the assignee that knew or did not know due to gross negligence that the manifestation of intention to restrict assignment was made, and may duly assert against such third party any event that results in extinguishment of the obligation such as payment to the assignor. (4) The provisions of the preceding paragraph do not apply if the obligor does not perform the obligation, and the third party prescribed in that paragraph makes a demand to the obligor for the performance to the assignor by specifying a reasonable period of time, but the obligor does not perform the obligation within that period..

Pledgees of immovable proparty may use and receive the profits form the immovable property that is the subject matter of a pledge, and a specail provision between pledgee and pledgor may not exclude the right of that.

Article 356 The pledgee of immovables may use and profit from the immovables that are the subject matter of a pledge in line with the way the relevant immovables are used. Article 359 The provisions of the preceding three Articles do not apply if the acts establishing pledges provide otherwise or execution against earnings from the immovable collateral (referring to the execution against earnings from immovable collateral provided for in Article 180, item (ii) of the Civil Execution Act; the same applies hereinafter) has been commenced..

Article 424 (1) An obligee may demand the court to rescind an act which the obligor commits knowing that it will prejudice the obligee; provided, however, that this does not apply if a person that benefits from that act (hereinafter referred to as the "beneficiary" in this Subsection) does not know, at the time of the act, that the obligee will be prejudiced. (2) The provisions of the preceding paragraph do not apply to an act with a subject matter other than property rights. (3) The obligee may make the demand under the provisions of paragraph (1) (hereinafter referred to as "demand for rescission of fraudulent act") only if the obligee's claim has arisen from a cause that existed before the act prescribed in paragraph (1). (4) The obligee may not make demand for rescission of fraudulent act if the obligee's claim is not enforceable by compulsory execution..