Civil Code (Part I, Part II, and Part III)
(Act No. 89 of April 27, 1896)
Part I General Provisions
Chapter I Common Provisions
(Fundamental Principles)
Article 1 (1) Private
rights must conform to the public welfare.
(2) The exercise of rights and performance of duties must be done
in good faith.
(3) No abuse of rights is permitted.
(Standard for Construction)
Article 2 This Code must be
construed in accordance with honoring the dignity of individuals and the
essential equality of both sexes.
Chapter II Person
Section 1 Capacity to Hold Rights
Article 3 (1) The enjoyment
of private rights shall commence at birth.
(2) Unless otherwise provided by applicable laws, regulations or
treaties, foreign nationals shall enjoy private rights.
Section 2 Capacity to Act
(Age of Majority)
Article 4 The age of
majority is reached when a person has reached the age of 20.
(Juristic Act of Minors)
Article 5 (1) A minor must
obtain the consent of his/her statutory agent to perform any juristic act;
provided, however, that, this shall not apply to an act merely intended to
acquire a right or to be relieved of a duty.
(2) A juristic act in contravention of the provision of the
preceding paragraph may be rescinded.
(3) Notwithstanding the provision of paragraph (1), in cases the
statutory agent permits the disposition of property by specifying the purpose
thereof, a minor may freely dispose of the same to the extent of such purpose.
The same shall apply in cases his/her statutory agent permits the disposition
of the property without specifying any purpose.
(Permission for Minors to Carry on Business)
Article 6 (1) A minor who
is permitted to carry on one or more kinds of business shall have the same
capacity to act as a person of the age of majority as far as such business is
concerned.
(2) In the case set forth in the preceding paragraph, if the minor
may be unable to perform the relevant business for any reason, his/her
statutory agent may revoke or limit permission in accordance with the
provisions of Part IV (Relatives).
(Ruling for Commencement of Guardianship)
Article 7 With respect to
any person who constantly lacks the capacity to discern right and wrong due to
mental disability, the family court may order the commencement of guardianship
at the request of the person in question, his/her spouse, any relative within
the fourth degree of kinship, the guardian of a minor, the supervisor of the
guardian of a minor, the curator, the supervisor of the curator, the assistant,
the supervisor of the assistant, or a public prosecutor.
(Adult Ward and Guardian of Adult)
Article 8 A person who has
become subject to the ruling of commencement of guardianship shall be an adult
ward, and a guardian of an adult shall be appointed for him/her.
(Juristic Act of an Adult Ward under Guardianship)
Article 9 A juristic act
performed by an adult ward may be rescinded; provided, however, that, this
shall not apply to any act relating to daily life, such as the purchase of
daily household items.
(Rescission of Ruling for Commencement of Guardianship)
Article 10 When the cause
set forth in Article 7 ceases to exist, the family court must rescind the
ruling of the commencement of guardianship at the request of the person in
question, his/her spouse, any relative within the fourth degree of kinship, the
guardian (hereinafter referring to the guardian of a minor and the guardian of
an adult), the supervisor of the guardian (hereinafter referring to the
supervisor of the guardian of a minor and the supervisor of the guardian of an
adult), or a public prosecutor.
(Ruling of Commencement of Curatorship)
Article 11 With respect to
any person who whose capacity is extremely insufficient to appreciate right or
wrong due to any mental disability, the family court may order the commencement
of curatorship upon a request by the person in question, his/her spouse, any
relative within the fourth degree of kinship, the guardian, the supervisor of
the guardian, the assistant, the supervisor of the assistant, or a public
prosecutor; provided however, that, this shall not apply to any person in
respect of whom a cause set forth in Article 7 exists.
(Person under Curatorship and his/her Curator)
Article 12 A person who has
become subject to the ruling of commencement of curatorship shall be the person
under curatorship, and a curator shall be appointed for him/her.
(Acts Requiring Consent of Curator)
Article 13 (1) A person
under curatorship must obtain the consent of his/her curator if he/she intends
to perform any of the following acts; provided, however, that, this shall not
apply to the acts provided for in the proviso of Article 9:
(i) receive or use any principal;
(ii) borrow any money or guarantee any obligation;
(iii) perform any act with the purpose of obtaining or
relinquishing any right regarding real estate or other valuable property;
(iv) take any procedural action;
(v) make a gift, make any settlement, or agree to arbitrate
(referring to the agreement to arbitrate as provided in paragraph (1), Article
2 of the Arbitration Act (Act No. 138 of 2003));
(vi) accept or renounce any inheritance, or partition any estate;
(vii) refuse an offer of a gift, renounce any bequest, accept the
offer of gift with burden, or accept any bequest with burden;
(viii) effect any new construction, renovation, expansion, or
major repairs; or
(ix) make any lease agreement with a term which exceeds the period
set forth in Article 602.
(2) At the request of the person provided in the main clause of
Article 11, or any curator or any supervisor of the curator, the family court
may make a ruling that the person under curatorship must obtain the consent of
his/her curator even in cases he/she intends to perform any act other than
those set forth in each item of the preceding paragraph; provided, however,
that this shall not apply to the acts provided for in the proviso to Article 9.
(3) With respect to any act which requires the consent of the
curator, if the curator does not give consent in cases where the interest of
the person under curatorship is unlikely to be prejudiced, the family court
may, at the request of the person under curatorship, give permission in lieu of
the consent of the curator.
(4) An act which requires the consent of the curator may be
rescinded if it was performed without such consent or any permission in lieu
thereof.
(Rescission of Ruling of Commencement of Curatorship)
Article 14 (1) When the
cause provided in the main clause of Article 11 ceases to exist, the family
court must rescind the order of the commencement of curatorship at the request
of the person in question, his/her spouse, any relative within the fourth
degree of kinship, the guardian of a minor, the supervisor of the guardian of a
minor, the curator, the supervisor of the curator, or a public prosecutor.
(2) At the request of the person prescribed in the preceding
paragraph, the family court may rescind, in whole or in part, the ruling under
paragraph (2) of the preceding Article.
(Ruling of Commencement of Assistance)
Article 15 (1) With respect
to any person who has insufficient capacity to appreciate right or wrong due to
any mental disability, the family court may rule the commencement of assistance
upon a request by the person in question, his/her spouse, any relative within
the fourth degree of kinship, the guardian, the supervisor of the guardian, the
curator, the supervisor of the curator, or a public prosecutor; provided,
however, that, this shall not apply to any person who has the cause set forth
in Article 7 or the main clause of Article 11.
(2) The ruling of commencement of assistance at the request of any
person other than the person in question shall require the consent of the
person in question.
(3) The ruling of commencement of assistance must be made
concurrent with the ruling under paragraph (1) of Article 17 or the ruling
under paragraph (1) of Article 876-9.
(Person under Assistance and Assistant)
Article 16 A person who has
become subject to the ruling of commencement of assistance shall be a person
under assistance, and an assistant shall be appointed for him/her.
(Ruling Requiring Person to Obtain Consent of Assistant)
Article 17 (1) At the
request of the person provided in the main clause of paragraph (1) of Article
15, or any assistant or supervisor of the assistant, the family court may make
the ruling that the person under assistance must obtain the consent of his/her
assistant if he/she intends to perform any particular juristic act; provided,
however, that the act for which such consent must be obtained pursuant to such
ruling shall be limited to the acts provided in paragraph (1) of Article 13.
(2) The ruling set forth in the preceding paragraph at the request
of any person other than the person in question shall require the consent of
the person in question.
(3) With respect to any act which requires the consent of the
assistant, if the assistant does not give consent in cases where the interest
of the person under assistance is unlikely to be prejudiced, the family court
may, at the request of the person under assistance, give permission which is in
lieu of the consent of the assistant.
(4) An act which requires the consent of the assistant may be
rescinded if it was performed without such consent or any permission in lieu
thereof.
(Rescission of Ruling of Commencement of Assistance)
Article 18 (1) When the
cause provided in the main clause of paragraph (1) of Article 15 ceases to
exist, the family court must rescind the ruling of commencement of assistance
at the request of the person in question, his/her spouse, any relative within
the fourth degree of kinship, the guardian of a minor, the supervisor of the
guardian of a minor, the assistant, the supervisor of the assistant, or a
public prosecutor.
(2) At the request of the person prescribed in the preceding
paragraph, the family court may rescind, in whole or in part, the ruling under
paragraph (1) of the preceding Article.
(3) In cases the ruling under paragraph (1) of the preceding
Article and the order under paragraph (1) of Article 876-9 are to be rescinded
in their entirety, the family court must rescind the ruling of commencement of
assistance.
(Relationship between Rulings)
Article 19 (1) In cases any
ruling for commencement of guardianship is to be made, and the person in
question is a person under curatorship or the person under assistance, the
family court must rescind the ruling of commencement of curatorship or
commencement of assistance pertaining to such person in question.
(2) The provisions of the preceding paragraph shall apply mutatis
mutandis in cases where the person in question, upon ruling of commencement of
curatorship, is an adult ward or a person under assistance, or in cases where
the person in question is, at the time of the ruling for commencement of
assistance, an adult ward or a person under curatorship.
(Right of Demand by Person who is Counterparty to Person with
Limited Capacity)
Article 20 (1) The person
who is the counterparty to a person with limited capacity (hereinafter
referring to any minor, an adult ward, a person under curatorship, and a person
under assistance who has become subject to the ruling under paragraph (1) of
Article 17) may, after such person with limited capacity has become a person
with capacity (hereinafter referring to a person free of any limitation on
capacity to act), issue to such person a notice which demands, by establishing
a certain period which is one month or more, that he/she should give a definite
answer on whether or not such person will ratify such act which may be
rescinded within such period. In such case, if such person fails to send any
definite answer within such period, he/she is deemed to have ratified such act.
(2) The second sentence of the preceding paragraph shall likewise
apply in cases where, while such person with limited capacity has not yet
become a person with capacity, the person who is the counterparty to the person
with limited capacity issues to the statutory agent, curator, or assistant of
such person a notice prescribed in the preceding paragraph with respect to any
act which is under the authority of any such officer, and the statutory agent,
curator or assistant fails to issue any definite answer within the period
referred to in such paragraph.
(3) With respect to any act which requires any special
formalities, if no notice to the effect that the perfection of such formalities
has been completed is issued within the period set forth in the preceding two
paragraphs, it is deemed that such act has been rescinded.
(4) The person who is the counterparty to a person with limited
capacity may issue a notice to any person under curatorship, or to any person
under assistance who has been made subject to the ruling under paragraph (1) of
Article 17 which demands that he/she should obtain the ratification of his/her
curator or assistant, as the case may be, within the period set forth in
paragraph (1) above. In such case, if the person under curatorship or person
under assistance fails to issue, within the applicable period, a notice to the
effect that such ratification has been obtained, it is deemed that such act has
been rescinded.
(Fraudulent Means Committed by Person with Limited Capacity)
Article 21 If a person with
limited capacity manipulates any fraudulent means to induce others to believe
that he/she is a person with capacity, his/her act may not be rescinded.
Section 3 Domicile
(Domicile)
Article 22 The principal
place wherein a person lives shall be his/her domicile.
(Residence)
Article 23 (1) If the
domicile of a person is unknown, his/her residence is deemed to be his/her
domicile.
(2) If a person does not have the domicile in Japan, his/her
residence is deemed to be his/her domicile, whether he/she is a Japanese or a
foreign national; provided, however, that, this shall not apply where the law
of domicile controls in accordance with the applicable provision of laws which
provide the governing law.
(Temporary Domicile)
Article 24 If any temporary
domicile is selected for any act, such temporary domicile is deemed to be the
domicile as far as such act is concerned.
Section 4 Management of Absentee Property and Adjudication of
Disappearance
(Administration of Absentee Property)
Article 25 (1) In cases any
person who has left his/her domicile or residence (hereinafter referred to as
"absentee") did not appoint an administrator of his/her property
(hereinafter in this Section referred to simply as "administrator"),
the family court may, at the request of any interested person or a public
prosecutor, issue an order for necessary actions for the administration of such
property. The same shall apply in cases the authority of the administrator
ceases to exist during the absence of the absentee.
(2) If, after the issuance of the order pursuant to the provision
of the preceding paragraph, the absentee appoints an administrator, the family
court must rescind the order at the request of his/her administrator, any
interested person, or a public prosecutor.
(Replacement of Administrator)
Article 26 In cases an
absentee appoints an administrator, and if it is not clear whether such
absentee is dead or alive, the family court may replace such administrator with
another at the request of any interested person or a public prosecutor.
(Duties of Administrator)
Article 27 (1) An
administrator who is appointed by the family court pursuant to the provision of
the preceding two Articles must prepare a list of the property he/she is to
administer. In such case, the expenses incurred shall be disbursed from the
property of the absentee.
(2) In cases it is not clear whether an absentee is dead or alive,
if so requested by any interested person or a public prosecutor, the family
court may also order the administrator appointed by the absentee to prepare the
list set forth in the preceding paragraph.
(3) In addition to provisions of the preceding two paragraphs, the
family court may issue an order to the administrator to effect any action which
the court may find to be necessary for the preservation of the property of the
absentee.
(Authority of Administrator)
Article 28 If an
administrator needs to perform any act beyond the authority set forth in
Article 103, he/she may perform such act by obtaining the permission of the
family court. The same shall likewise apply if the administrator needs to
perform any act beyond the authority stipulated by the absentee in cases it is
not clear whether the absentee is dead or alive.
(Provision of Security by and Remuneration for Administrator)
Article 29 (1) The family
court may require an administrator to provide reasonable security with respect
to the administration and return of the property.
(2) The family court may grant reasonable remuneration to the
administrator from the property of the absentee with due regard to the
relationship between the administrator and absentee and other circumstances.
(Adjudication of Disappearance)
Article 30 (1) If it is not
clear whether the absentee is dead or alive for 7 years, the family court may
make the adjudication of disappearance at the request of any interested person.
(2) The procedure of the preceding paragraph shall likewise apply
with respect to any person who was engaged in any war zone, was aboard any
vessel which later sank, or was otherwise exposed to any danger which could be
the cause of death, if it is not clear whether such person is dead or alive for
one year after the end of the war, after the sinking of the vessel, or after
the termination of such other danger, as the case may be.
(Effect of Adjudication of Disappearance)
Article 31 Any person who
has become the subject of the adjudication of disappearance pursuant to the
provision of paragraph (1) of the preceding Article is deemed to have died upon
elapse of the period set forth in such paragraph, and a person who is the
subject of the adjudication of disappearance pursuant to the provision of
paragraph (2) of the same Article is deemed to have died upon the termination
of such danger.
(Rescission of Adjudication of Disappearance)
Article 32 (1) If there is
any proof that an absentee is alive, or that he/she died at a time differing
from that provided in the preceding Article, the family court must, at the
request of the absentee himself/herself or any interested person, rescind the
adjudication of disappearance. In such case, the rescission shall not affect
the validity of any act which was performed without knowledge after the adjudication
of disappearance but before the rescission thereof.
(2) Any person who acquired any property by the adjudication of
disappearance shall lose its/his/her right upon rescission thereof; provided,
however, that such person shall have the obligation to return such property
only to the extent he/she is actually enriched.
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