Contents
History
Part I General Provisions
Chapter I Common Provisions
Article 1
(Fundamental Principles)
(2)
(3)
Article 2
(Standard for Construction)
Chapter II Person
Section 1 Capacity to Hold Rights
Article 3
(2)
Section 2 Capacity to Act
Article 4
(Age of Majority)
Article 5
(Juristic Act of Minors)
(2)
(3)
Article 6
(Permission for Minors to Carry on Business)
(2)
Article 7
(Ruling for Commencement of Guardianship)
Article 8
(Adult Ward and Guardian of Adult)
Article 9
(Juristic Act of an Adult Ward under Guardianship)
Article 10
(Rescission of Ruling for Commencement of Guardianship)
Article 11
(Ruling of Commencement of Curatorship)
Article 12
(Person under Curatorship and his/her Curator)
Article 13
(Acts Requiring Consent of Curator)
(2)
(3)
(4)
Article 14
(Rescission of Ruling of Commencement of Curatorship)
(2)
Article 15
(Ruling of Commencement of Assistance)
(2)
(3)
Article 16
(Person under Assistance and Assistant)
Article 17
(Ruling Requiring Person to Obtain Consent of Assistant)
(2)
(3)
(4)
Article 18
(Rescission of Ruling of Commencement of Assistance)
(2)
(3)
Article 19
(Relationship between Rulings)
(2)
Article 20
(Right of Demand by Person who is Counterparty to Person with Limited Capacity)
(2)
(3)
(4)
Article 21
(Fraudulent Means Committed by Person with Limited Capacity)
Section 3 Domicile
Article 22
(Domicile)
Article 23
(Residence)
(2)
Article 24
(Temporary Domicile)
Section 4 Management of Absentee Property and Adjudication of Disappearance
Article 25
(Administration of Absentee Property)
(2)
Article 26
(Replacement of Administrator)
Article 27
(Duties of Administrator)
(2)
(3)
Article 28
(Authority of Administrator)
Article 29
(Provision of Security by and Remuneration for Administrator)
(2)
Article 30
(Adjudication of Disappearance)
(2)
Article 31
(Effect of Adjudication of Disappearance)
Article 32
(Rescission of Adjudication of Disappearance)
(2)
Section 5 Presumption of Simultaneous Death
Article 32-2
Chapter III Juridical Persons
Section 1 Establishment of Juridical Persons
Article 33
(Establishment of Juridical Person)
Article 34
(Establishment of Public Interest Corporation)
Article 35
(Restrictions on Use of Name)
Article 36
(Foreign Juridical Person)
(2)
Article 37
(Articles of Incorporation)
Article 38
(Change of Articles of Incorporation)
(2)
Article 39
(Act of Endowment)
Article 40
(Determination by Court of Name)
Article 41
(Mutatis Mutandis Application of Provisions regarding Gifts and Bequests)
(2)
Article 42
(Time of Vesting of Endowed Property)
(2)
Article 43
(Capacity of Juridical Person)
Article 44
(Capacity of Juridical Person to Commit Tortious Acts)
(2)
Article 45
(Registration of Establishment of Juridical Person)
(2)
(3)
Article 46
(Matters to be Registered upon Registration of Formation and Registration of Change)
(2)
(3)
Article 47
(Period for Registration)
Article 48
(Registration of Relocation of Office)
(2)
(3)
Article 49
(Registration of Foreign Juridical Person)
(2)
Article 50
(Domicile of Juridical Person)
Article 51
(Inventory of Property and Directory of Members)
(2)
Section 2 Management of Juridical Persons
Article 52
(Director)
(2)
Article 53
(Representative of Juridical Person)
Article 54
(Limitation on Director's Authority of Representation)
Article 55
(Delegation of Director's Authority)
Article 56
(Provisional Director)
Article 57
(Conflict of Interest)
Article 58
(Auditor-Secretary)
Article 59
(Duties of Auditor-Secretary)
Article 60
(Ordinary General Meeting)
Article 61
(Extraordinary General Meeting)
(2)
Article 62
(Convocation of General Meeting)
Article 63
(Execution of Business of the Incorporated Association)
Article 64
(Matters for Resolution of the General Meeting)
Article 65
(Voting Right of Members)
(2)
(3)
Article 66
(No Right to Vote)
Article 67
(Supervision of Business of Juridical Person)
(2)
(3)
Section 3 Dissolution of Juridical Person
Article 68
(Causes of Dissolution of Juridical Person)
(2)
Article 69
(Resolution for Dissolution of Juridical Person)
Article 70
(Commencement of Bankruptcy Procedures with respect to Juridical Person)
(2)
Article 71
(Rescission of Permission of Establishment of Juridical Person)
Article 72
(Vesting of Residual Assets)
(2)
(3)
Article 73
(Juridical Person under Liquidation)
Article 74
(Liquidator)
Article 75
(Appointment of Liquidator by Court)
Article 76
(Dismissal of Liquidator)
Article 77
(Registration and Filing of Liquidators' Particulars and Dissolution)
(2)
(3)
Article 78
(Duties and Authority of Liquidator)
(2)
Article 79
(Request for Filing of Claims)
(2)
(3)
(4)
Article 80
(Filing of Claim after Lapse of the Stated Period)
Article 81
(Commencement of Bankruptcy Procedure with respect to Juridical Person under Liquidation)
(2)
(3)
(4)
Article 82
(Supervision by the Court)
(2)
Article 83
(Filing of Conclusion of Liquidation Procedure)
Section 4 Supplementary Rules
Article 84
(Delegation of Authorities of Competent Government agency)
Article 84-2
(Processing of the Business of the Competent Government agency by Executive Agency of Prefectural Government)
(2)
(3)
(4)
Section 5 Penal Provisions
Article 84-3
(2)
Chapter IV Things
Article 85
(Definition)
Article 86
(Real Estate and Movables)
(2)
(3)
Article 87
(Principal and Appurtenance)
(2)
Article 88
(Natural Fruits and Legal Fruits)
(2)
Article 89
(Vesting of Fruits)
(2)
Chapter V Juristic Acts
Section 1 General Provisions
Article 90
(Public Policy)
Article 91
(Manifestation of Intention Inconsistent with Default Rules)
Article 92
(Custom Inconsistent with Default Rules)
Section 2 Manifestation of Intention
Article 93
(Concealment of True Intention)
Article 94
(Fictitious Manifestation of Intention)
(2)
Article 95
(Mistake)
Article 96
(Fraud or Duress)
(2)
(3)
Article 97
(Manifestation of Intention to Person at a Distance)
(2)
Article 98
(Manifestation of Intention by Public Notice)
(2)
(3)
(4)
(5)
Article 98-2
(Capacity to Receive the Manifestation of Intention)
Section 3 Agency
Article 99
(Requirements and Effect of Act of Agent)
(2)
Article 100
(Manifestation of Intention made with no Indication that it is made on behalf of the Principal)
Article 101
(Defect in Act of Agent)
(2)
Article 102
(Agent's Capacity to Act)
Article 103
(Authority of Agent with no Specified Authority)
Article 104
(Appointment of Sub-agent by Agent)
Article 105
(Responsibility of Agent Who Appointed Sub-agent)
(2)
Article 106
(Appointment of Sub-agent by Statutory Agent)
Article 107
(Authority of Sub-agent)
(2)
Article 108
(Self-Contract and Representation of both Parties)
Article 109
(Apparent Authority due to Manifestation of Grant of Authority of Agency)
Article 110
(Apparent Authority of Act Exceeding Authority)
Article 111
(Ground of Termination of Authority of Agency)
(2)
Article 112
(Apparent Authority After Termination of Authority of Agency)
Article 113
(Unauthorized Agency)
(2)
Article 114
(Right of Notice of Counterparty of Unauthorized Agency)
Article 115
(Right to Rescind of Counterparty of Unauthorized Agency)
Article 116
(Ratification of Act of Unauthorized Agency)
Article 117
(Liability of Unauthorized Agent)
(2)
Article 118
(Unauthorized Agency in Unilateral Juristic Act)
Section 4 Nullity and Rescission of Acts
Article 119
(Ratification of Acts which are Void)
Article 120
(Persons with the Right to Rescind Act)
(2)
Article 121
(Effect of Rescission)
Article 122
(Ratification of Rescindable Acts)
Article 123
(Method of Rescission and Ratification)
Article 124
(Requirements for Ratification)
(2)
(3)
Article 125
(Statutory Ratification)
Article 126
(Limitation on Period of Right to Rescind)
Section 5 Conditions and Time Limit
Article 127
(Effect of Fulfillment of Conditions)
(2)
(3)
Article 128
(Prohibition of Infringement of Interest of Counterparty Pending Fulfillment of Conditions)
Article 129
(Disposition of Rights Pending Fulfillment of Conditions)
Article 130
(Prevention of Fulfillment of Conditions)
Article 131
(Fulfilled Conditions)
(2)
(3)
Article 132
(Unlawful Conditions)
Article 133
(Impossible Conditions)
(2)
Article 134
(Potestative Conditions)
Article 135
(Effect of Arrival of Assigned Time)
(2)
Article 136
(Benefit of Time and Its Waiver)
(2)
Article 137
(Forfeiture of Benefit of Time)
Chapter VI Calculation of Period
Article 138
(Common Rules on Calculation of Period)
Article 139
(Commencement of Period)
Article 140
Article 141
(Expiration of Period)
Article 142
Article 143
(Calculation of Period with Reference to Calendar)
(2)
Chapter VII Prescription
Section 1 General Provisions
Article 144
(Effect of Prescription)
Article 145
(Invocation of Prescription)
Article 146
(Waiver of Benefits of Prescription)
Article 147
(Ground of Interruption of Prescription)
Article 148
(Persons Affected by Interruption of Prescription)
Article 149
(Judicial Claims)
Article 150
(Demand for Payment)
Article 151
(Filing for Settlement and Conciliation)
Article 152
(Participation in Bankruptcy Procedures)
Article 153
(Demand)
Article 154
(Attachment, Provisional Seizure, and Provisional Disposition)
Article 155
Article 156
(Acknowledgment)
Article 157
(Running of Prescription following Interruption)
(2)
Article 158
(Minor or Adult Ward and Suspension of Prescription)
(2)
Article 159
(Suspension of Prescription of Rights Between Husband and Wife)
Article 160
(Suspension of Prescription Regarding Inherited Property)
Article 161
(Suspension of Prescription due to Natural Disaster)
Section 2 Acquisitive Prescription
Article 162
(Acquisitive Prescription of Ownership)
(2)
Article 163
(Acquisitive Prescription of Property Rights other than Ownership)
Article 164
(Interruption of Acquisitive Prescription due to Discontinuation of Possession)
Article 165
Section 3 Extinctive Prescription
Article 166
(Running of Extinctive Prescription)
(2)
Article 167
(Extinctive Prescription of Claim)
(2)
Article 168
(Extinctive Prescription of Periodic Payments)
(2)
Article 169
(Short-term Extinctive Prescription of Claim for Periodic Performance)
Article 170
(Short-term Extinctive Prescription of Three Years)
Article 171
Article 172
(Short-term Extinctive Prescription of Two Years)
(2)
Article 173
Article 174
(Short-term Extinctive Prescription of One Year)
Article 174-2
(Extinctive Prescription of Right Established in Judgment of Court)
(2)
Part II Real Rights
Chapter I General Provisions
Article 175
(Establishment of Real Rights)
Article 176
(Creation and Transfer of Real Rights)
Article 177
(Requirements of Perfection of Changes in Real Rights concerning Immovable properties)
Article 178
(Requirements of Perfection of Transfer of Real Rights concerning Movables)
Article 179
(Confusion of Rights)
(2)
(3)
Chapter II Possessory Rights
Section 1 Acquisition of Possessory Rights
Article 180
(Acquisition of Possessory Rights)
Article 181
(Possession by Agents)
Article 182
(Actual Delivery and Summary Delivery)
(2)
Article 183
(Constructive Transfers)
Article 184
(Transfers of Possession by Instructions)
Article 185
(Change in Nature of Possession)
Article 186
(Presumption regarding Nature of Possession)
(2)
Article 187
(Succession to Possession)
(2)
Section 2 Effect of Possessory Rights
Article 188
(Presumption of Lawfulness of Rights Exercised with respect to Possessed Thing)
Article 189
(Acquisition of Fruits by Possessor in Good Faith)
(2)
Article 190
(Return of Fruits by Possessors in bad faith)
(2)
Article 191
(Compensation for Damages by Possessors)
Article 192
(Immediate Acquisition)
Article 193
(Recovery of Stolen or Lost Goods)
Article 194
Article 195
(Acquisition of Rights through Possession of Animals)
Article 196
(Possessors' Claims for Reimbursement of Expenses)
(2)
Article 197
(Possessory Actions)
Article 198
(Actions for Maintenance of Possession)
Article 199
(Actions for Preservation of Possession)
Article 200
(Actions for Recovery of Possession)
(2)
Article 201
(Periods of Time for Bringing Possessory Actions)
(2)
(3)
Article 202
(Relationship with Actions on Title)
(2)
Section 3 Extinction of Possessory Rights
Article 203
(Grounds for Extinction of Possessory Rights)
Article 204
(Grounds for Extinction of Agent's Possessory Rights)
(2)
Section 4 Quasi-Possession
Article 205
Chapter III Ownership
Section 1 Extent of Ownership
Subsection 1 Content and Scope of Ownership
Article 206
(Content of Ownership)
Article 207
(Scope of Ownership in Land)
Article 208
Subsection 2 Neighboring Relationships
Article 209
(Requests for Use of Neighboring Land)
(2)
Article 210
(Right of Passage over Other Land for Access to Public Roads)
(2)
Article 211
(2)
Article 212
Article 213
(2)
Article 214
(Prohibition of Obstruction of Natural Water Streams)
Article 215
(Removal of Barriers to Water Streams)
Article 216
(Repairs of Structures related to Streams)
Article 217
(Customs with respect to Allocation of Expenses)
Article 218
(Prohibition of Installation of Structures that Discharge Rainwater to Neighboring Lands)
Article 219
(Changes to Streams)
(2)
(3)
Article 220
(Running Water through Lower Ground for Discharge)
Article 221
(Use of Structures to Direct Water)
(2)
Article 222
(Construction and Use of Dams)
(2)
(3)
Article 223
(Installation of Boundary Markers)
Article 224
(Expenses of Installation and Preservation of Boundary Markers)
Article 225
(Installation of Fences)
(2)
Article 226
(Expenses of Installation and Preservation of Fences)
Article 227
(Installation of Fences by One of Neighbors)
Article 228
(Customs relating to Installation of Fences)
Article 229
(Presumption of Co-ownership of Boundary Markers)
Article 230
(2)
Article 231
(Construction Work raising Height of Co-owned Walls)
(2)
Article 232
Article 233
(Cutting of Branches and Roots of Trees and Bamboo)
(2)
Article 234
(Restrictions on Buildings near Boundary Lines)
(2)
Article 235
(2)
Article 236
(Customs relating to Construction near Boundary Lines)
Article 237
(Restrictions on Digging near Boundary Lines)
(2)
Article 238
(Duty of Care regarding Digging near Boundary Lines)
Section 2 Acquisition of Ownership
Article 239
(Ownership in Ownerless Thing)
(2)
Article 240
(Finding of Lost Property)
Article 241
(Discovery of Hidden Treasure)
Article 242
(Accession to Real Estate)
Article 243
(Accession to Movables)
Article 244
Article 245
(Mixture)
Article 246
(Processing)
(2)
Article 247
(Effect of Accession, Mixture or Processing)
(2)
Article 248
(Demands for Compensation in conjunction with Accession, Mixture or Processing)
Section 3 Co-Ownership
Article 249
(Use of property in co-ownership )
Article 250
(Presumption of Proportion of Co-owner's Shares)
Article 251
(Changes to Co-owned Thing)
Article 252
(Management of Co-owned Thing)
Article 253
(Obligations to bear Burdens regarding property in co-ownership)
(2)
Article 254
(Claims on property in co-ownership)
Article 255
(Renunciation of Shares and Death of Co-owners)
Article 256
(Demands for Partition of property in co-ownership)
(2)
Article 257
Article 258
(Partition of property in co-ownership by Judgment)
(2)
Article 259
(Performance of Obligations regarding Co-ownership)
(2)
Article 260
(Participation in Partition of property in co-ownership)
(2)
Article 261
(Co-owners' Warranties upon Partitions)
Article 262
(Documents regarding property in co-ownership)
(2)
(3)
(4)
Article 263
(Rights of Common with Nature of Co-ownership)
Article 264
(Quasi Co-ownership)
Chapter IV Superficies
Article 265
(Content of Superficies)
Article 266
(Rents)
(2)
Article 267
(Mutatis Mutandis Application of Provisions regarding Neighboring Relationships)
Article 268
(Duration of Superficies)
(2)
Article 269
(Removal of Structures)
(2)
Article 269-2
(Superficies for Underground or Overhead Space)
(2)
Chapter V Emphyteusis
Article 270
(Content of Emphyteusis)
Article 271
(Restrictions on Alterations to Land by Emphyteutas)
Article 272
(Transfer of Emphyteusis or Leasing of Land)
Article 273
(Mutatis Mutandis Application of Provisions regarding Lease)
Article 274
(Rent Reductions or Exemptions)
Article 275
(Waiver of Emphyteusis)
Article 276
(Demand for Extinction of Emphyteusis)
Article 277
(Customs regarding Emphyteusis)
Article 278
(Duration of Emphyteusis)
(2)
(3)
Article 279
(Removal of Structures)
Chapter VI Servitudes
Article 280
(Content of Servitudes)
Article 281
(Appurtenant Nature of Servitudes)
(2)
Article 282
(Indivisibility of Servitudes)
(2)
Article 283
(Acquisition of Servitudes by Prescription)
Article 284
(2)
(3)
Article 285
(Water Servitude)
(2)
Article 286
(Obligations of Owners of Servient Land to Install Structures)
Article 287
Article 288
(Use of Structures by the Owner of Servient Lands)
(2)
Article 289
(Extinction of Servitude by Acquisition by Prescription of Servient Lands)
Article 290
Article 291
(Extinctive Prescription of Servitudes)
Article 292
Article 293
Article 294
(Rights of Common without the Nature of Co-Ownership)
Chapter VII Rights of Retention
Article 295
(Content of Rights of Retention)
(2)
Article 296
(Indivisibility of Rights of Retention)
Article 297
(Collection of Fruits by Holders of Rights of Retention)
(2)
Article 298
(Keeping the Thing Retained by Holders of Rights of Retention)
(2)
(3)
Article 299
(Demands for Reimbursement of Expenses by Holders of Rights of Retention)
(2)
Article 300
(Exercise of Rights of Retention and Extinctive Prescription of Claims)
Article 301
(Extinction of Rights of Retention by Tender of Security)
Article 302
(Extinction of Rights of Retention by Loss of Possession)
Chapter VIII Statutory Liens
Section 1 General Provisions
Article 303
(Content of Statutory Liens)
Article 304
(Extension of Security Interest to Proceeds of Collateral)
(2)
Article 305
(Indivisibility of Statutory Liens)
Section 2 Kinds of Statutory Liens
Subsection 1 General Statutory Lien
Article 306
(General Statutory Lien)
Article 307
(Statutory Liens for Expenses for Common Benefit)
(2)
Article 308
(Statutory Liens for Employer-Employee Relationships)
Article 309
(Funeral Expenses)
(2)
Article 310
(Statutory Liens for Household Items)
Subsection 2 Statutory Liens over Movables
Article 311
(Statutory Liens over Movables)
Article 312
(Statutory Liens for Leases of Immovable Properties)
Article 313
(Scope of Subject Matter of Statutory Liens for Leases of Immovable Properties)
(2)
Article 314
Article 315
(Scope of Secured Claims under Statutory Liens for Leases of Immovable Properties)
Article 316
Article 317
(Statutory Liens for Lodging at Hotels)
Article 318
(Statutory Liens for Transportation)
Article 319
(Mutatis Mutandis Application of Provisions on Immediate Acquisition)
Article 320
(Statutory Liens for Preservation of Movables)
Article 321
(Statutory Liens for Sale of Movables)
Article 322
(Statutory Liens for Supply of Seed or Fertilizer)
Article 323
(Statutory Liens for Agricultural Labor)
Article 324
(Statutory Liens for Industrial Labor)
Subsection 3 Statutory Liens for Immovable Properties
Article 325
(Statutory Liens for Immovable Properties)
Article 326
(Statutory Liens for Preservation of Immovable Properties)
Article 327
(Statutory Liens for Construction Work for Immovable Properties)
(2)
Article 328
(Statutory Liens for Sales of Immovable properties)
Section 3 Order of Priority of Statutory Liens
Article 329
(Order of Priority of General Statutory Liens)
(2)
Article 330
(Order of Priority of Statutory Liens over Movables)
(2)
(3)
Article 331
(Order of Priority of Statutory Liens over Immovable properties)
(2)
Article 332
(Statutory Liens with Same Priority)
Section 4 Effect of Statutory Liens
Article 333
(Statutory Liens and Third-party Acquirers)
Article 334
(Conflict between Statutory Liens and Pledges of Movables )
Article 335
(Effect of General Statutory Liens)
(2)
(3)
(4)
Article 336
(Perfection of General Statutory Liens)
Article 337
(Registration of Statutory Liens for Preservation of Immovable Properties)
Article 338
(Registration of Statutory Liens for Construction Work for Immovable Properties)
(2)
Article 339
(Registered Statutory Liens for Preservation of Immovable Properties or Construction Work for Immovable Properties)
Article 340
(Registration of Statutory Liens for Sales of Immovable Properties)
Article 341
(Mutatis Mutandis Application of Provisions regarding Mortgages)
Chapter IX Pledges
Section 1 General Provisions
Article 342
(Content of Pledges)
Article 343
(Subject Matter of Pledges)
Article 344
(Creation of Pledges)
Article 345
(Prohibition of Possession by Pledgors as Agents)
Article 346
(Scope of Secured Claims under Pledges)
Article 347
(Retention of the Thing Pledged)
Article 348
(Sub-pledges)
Article 349
(Prohibition on Disposition of the Thing Pledged by Contract)
Article 350
(Mutatis Mutandis Application of Provisions on Rights of Retention and Statutory Liens)
Article 351
(Third Party Pledgors' Rights to Obtain Reimbursement)
Section 2 Pledges of Movables
Article 352
(Requirements for the Perfection of Pledges of Movables)
Article 353
(Recovery of Possession of the Thing Pledged )
Article 354
(Execution of Pledges of Movables)
Article 355
(Order of Priority of Pledges of Movables)
Section 3 Pledges of Immovable Properties
Article 356
(Use and Profit by Pledgees of Immovable Properties)
Article 357
(Management Expenses Borne by Pledgees of Immovable Properties)
Article 358
(Prohibition on Charging of Interest by Pledgees of Immovable Properties)
Article 359
(Cases of Other Provisions in Act of Establishment)
Article 360
(Duration of Pledges of Immovable Properties)
(2)
Article 361
(Mutatis Mutandis Application of Provisions on Mortgages)
Section 4 Pledges of Rights
Article 362
(Subject Matter of Pledges of Rights)
(2)
Article 363
(Creation of Pledges over Claims)
Article 364
(Requirements for Perfection of Pledges over Nominative Claims)
Article 365
(Requirements for Perfection of Pledges over Debts Payable to Order)
Article 366
(Collection of Claims by Pledgees)
(2)
(3)
(4)
Article 367
Article 368
Chapter X Mortgages
Section 1 General Provisions
Article 369
(Content of Mortgages)
(2)
Article 370
(Scope of Effect of Mortgages)
Article 371
Article 372
(Mutatis Mutandis Application of Provisions on Right of Retention)
Section 2 Effect of Mortgages
Article 373
(Order of Priority of Mortgages)
Article 374
(Changes in Order of Priority of Mortgages)
(2)
Article 375
(Scope of Secured Claims under Mortgages)
(2)
Article 376
(Disposition of Mortgages)
(2)
Article 377
(Requirements for Perfection of Disposition of Mortgages)
(2)
Article 378
(Payment of Mortgage Proceeds)
Article 379
(Claims for Extinction of Mortgages)
Article 380
Article 381
Article 382
(Timing of Claims for Extinction of Mortgages)
Article 383
(Procedures for Claims for Extinction of Mortgages)
Article 384
(Deemed Approval of Obligees)
Article 385
(Notice of Petitions for Auction)
Article 386
(Effect of Claims for Extinction of Mortgages)
Article 387
(Perfection of Leases with Registered Consent of Mortgagees)
(2)
Article 388
(Statutory Superficies)
Article 389
(Auction of Buildings on Mortgaged Lands)
(2)
Article 390
(Purchases of Mortgaged Immovable Properties by Third Party Acquirers)
Article 391
(Claims for Reimbursement of Expenses by Third Party Acquirers of Mortgaged Immovable Properties)
Article 392
(Distribution of Proceeds in cases of Joint Mortgage)
(2)
Article 393
(Note in Registration of Subrogation in case of Joint Mortgages)
Article 394
(Payment from Assets other than Mortgaged Immovable Properties)
(2)
Article 395
(Suspension of Delivery by Users of Mortgaged Buildings)
(2)
Section 3 Extinction of Mortgages
Article 396
(Extinctive Prescription of Mortgages)
Article 397
(Extinction of Mortgages by Acquisition by Prescription of Mortgaged Immovable Properties)
Article 398
(Renouncement of Mortgaged Superficies)
Section 4 Revolving Mortgages
Article 398-2
(Revolving Mortgages)
(2)
(3)
Article 398-3
(Scope of Secured Claims under Revolving Mortgages)
(2)
Article 398-4
(Alterations in Scope of Secured Claims under Revolving Mortgages and of Obligors)
(2)
(3)
Article 398-5
(Alterations in Maximum Amounts of Revolving Mortgages)
Article 398-6
(Provision of Date for Fixing Principal of Revolving Mortgage)
(2)
(3)
(4)
Article 398-7
(Assignments of Secured Claims under Revolving Mortgages)
(2)
(3)
Article 398-8
(Inheritances of Revolving Mortgagees or Obligors)
(2)
(3)
(4)
Article 398-9
(Mergers of Revolving Mortgagees or Obligors)
(2)
(3)
(4)
(5)
Article 398-10
(Company Splits of Revolving Mortgagees or Obligors)
(2)
(3)
Article 398-11
(Disposition of Revolving Mortgages)
(2)
Article 398-12
(Assignments of Revolving Mortgages)
(2)
(3)
Article 398-13
(Partial Assignments of Revolving Mortgages)
Article 398-14
(Co-ownership of Revolving Mortgages)
(2)
Article 398-15
(Assignments or Waivers of Order of Priority of Mortgages and Assignments or Partial Assignments of Revolving Mortgages)
Article 398-16
(Joint Revolving Mortgages)
Article 398-17
(Alterations of Joint Revolving Mortgages)
(2)
Article 398-18
(Aggregate Revolving Mortgages)
Article 398-19
(Requests for Fixing of Principal of Revolving Mortgages)
(2)
(3)
Article 398-20
(Grounds for Fixing of Principal of Revolving Mortgages)
(2)
Article 398-21
(Requests for Reductions in Maximum Amount of Revolving Mortgages)
(2)
Article 398-22
(Requests for Extinction of Revolving Mortgages)
(2)
(3)
Part III Claims
Chapter I General Provisions
Section 1 Subject of Claim
Article 399
(Subject of Claim)
Article 400
(Duty of Care in cases of Delivery of Specified Things)
Article 401
(Fungible Claim)
(2)
Article 402
(Monetary Claim)
(2)
(3)
Article 403
Article 404
(Statutory Interest Rate)
Article 405
(Incorporation of Interest into Principal)
Article 406
(Attribution of Right of Choice in cases of Alternative Obligation)
Article 407
(Exercise of Right of Choice)
(2)
Article 408
(Transfer of Right of Choice)
Article 409
(Right of Choice of Third Party)
(2)
Article 410
(Identification of Alternative Obligation due to Impossibility)
(2)
Article 411
(Effect of Choice)
Section 2 Effect of Claims
Subsection 1 Responsibility for Default
Article 412
(Time for Performance and Delay in Performance)
(2)
(3)
Article 413
(Obligee's Delay in Acceptance)
Article 414
(Enforcement of Performance)
(2)
(3)
(4)
Article 415
(Damages due to Default)
Article 416
(Scope of Damages)
(2)
Article 417
(Method of Compensation for Damages)
Article 418
(Comparative Negligence)
Article 419
(Special Provisions for Monetary Debt)
(2)
(3)
Article 420
(Liquidated Damages)
(2)
(3)
Article 421
Article 422
(Subrogation for Damages)
Subsection 2 Obligee's Subrogation Right and Obligee's Right to Demand Rescission of Fraudulent Act
Article 423
(Obligee's Subrogation Right)
(2)
Article 424
(Obligee's Right to Demand the Rescission of Fraudulent Act)
(2)
Article 425
(Effect of Rescission of Fraudulent Act)
Article 426
(Limitation Period of Obligee's Right to Rescind Fraudulent Act)
Section 3 Claims and Obligations of Multiple-Parties
Subsection 1 General Provisions
Article 427
(Divisible Claims and Divisible Obligations)
Subsection 2 Indivisible Claims and Indivisible Obligations
Article 428
(Indivisible Claim)
Article 429
(Effect of Circumstances on Particular Circumstance which Arises with respect to One Indivisible Obligee)
(2)
Article 430
(Indivisible Obligation)
Article 431
(Changing into Divisible Claims or Divisible Obligations)
Subsection 3 Joint and Several Obligations
Article 432
(Request for Performance)
Article 433
(Invalidity of Juristic Act with respect to One Joint and Several Obligor)
Article 434
(Request for Performance to One Joint and Several Obligor)
Article 435
(Novation with One Joint and Several Obligor)
Article 436
(Setoffs by One Joint and Several Obligor)
(2)
Article 437
(Releases of One Joint and Several Obligor)
Article 438
(Merger with One Joint and Several Obligor)
Article 439
(Completion of Prescription with respect to One Joint and Several Obligor)
Article 440
(Principle of Relative Effect)
Article 441
(Commencement of Bankruptcy Procedures for Joint and Several Obligors)
Article 442
(Right to Obtain Reimbursement among Joint and Several Obligors)
(2)
Article 443
(Limitation on Reimbursement to Joint and Several Obligor who Failed to give Notice)
(2)
Article 444
(Allocation of Portion of Person who does not have Sufficient Financial Resources for Reimbursement)
Article 445
(Release from Joint and Several Obligations and Allocation of Portion of Burden of Person who does not have Sufficient Financial Resources to Pay)
Subsection 4 Guarantee Obligation
Division 1 General Provisions
Article 446
(Responsibility of Guarantor)
(2)
(3)
Article 447
(Scope of Guarantee Obligation)
(2)
Article 448
(Cases where Burden of Guarantor is More Onerous than That of the Principal Obligor)
Article 449
(Guarantee of Rescindable Obligation)
Article 450
(Requirements for Guarantor)
(2)
(3)
Article 451
(Providing Other Security)
Article 452
(Defense of Demand)
Article 453
(Defense of Reference)
Article 454
(Special Provisions for Joint and Several Guarantee)
Article 455
(Effect of Defense of Demand and Defense of Reference)
Article 456
(Cases where More Than One Guarantor Exists)
Article 457
(Effect of Circumstance which Arises with respect to the Principal Obligor)
(2)
Article 458
(Effect of Circumstance which Arises with respect to Jointly and Severally Liable Guarantor)
Article 459
(Right to Obtain Reimbursement of Guarantor Entrusted by the Principal Obligor)
(2)
Article 460
(Entrusted Guarantor's Right to Obtain Reimbursement in Advance)
Article 461
(Cases where Principal Obligor Reimburses Guarantor)
(2)
Article 462
(Right to Obtain Reimbursement of Guarantor Not Entrusted by Principal Obligor)
(2)
Article 463
(Limitation on Reimbursement for Guarantor who Failed to give Notice)
(2)
Article 464
(Right to Obtain Reimbursement of Guarantor for Jointly and Several Obligation or Indivisible Obligation)
Article 465
(Right of Joint Guarantors to Obtain Reimbursement for One Obligation)
(2)
Division 2 Revolving Guarantee on Loans
Article 465-2
(Liability of Guarantor of Contract for Revolving Guarantee on Loans)
(2)
(3)
Article 465-3
(Principal Determination Date for Contract for Revolving Guarantee on Loans)
(2)
(3)
(4)
Article 465-4
(Grounds for Determination of Principal in Contract for Revolving Guarantee on Loans)
Article 465-5
(Right to Obtain Reimbursement in Contract for Revolving Guarantees for Loan Obligation in cases where Guarantor is Juridical Person)
Section 4 Assignment of Claims
Article 466
(Assignability of Claims)
(2)
Article 467
(Requirement for Assertion of Assignment of Nominative Claim against Third Parties)
(2)
Article 468
(Defense of Obligor upon Assignment of Nominative Claim)
(2)
Article 469
(Requirement for Assertion of Assignment of Debt Payable to Order against Third Parties)
Article 470
(Examination Right of Obligor of Debt Payable to Order)
Article 471
(Examination Right of Obligor of Claim Payable to Obligee or Holder)
Article 472
(Limitation on Defense of Obligor in cases of Assignment of Debt Payable to Order)
Article 473
(Limitation on Defense of Obligor in cases of Assignment of Bearer Certificate of Claims)
Section 5 Extinction of Claims
Subsection 1 Performance
Division 1 General Provisions
Article 474
(Performance by Third Parties)
(2)
Article 475
(Recover of any Property Tendered to Perform Obligation)
Article 476
Article 477
(Effect of Performance in cases Any Property Delivered to Perform Obligation is Consumed or Assigned)
Article 478
(Performance to a Holder of Quasi-Possession of Claim)
Article 479
(Performance to Person Without Authority to Receive Performance)
Article 480
(Performance to Bearer of Receipt)
Article 481
(Performance by Third-party Obligor who had been Ordered to Suspend Payment)
(2)
Article 482
(Substitute Performance)
Article 483
(Delivery of Specific Thing in its Existing State)
Article 484
(Place of Performance)
Article 485
(Expense of Performance)
Article 486
(Request for Issuance of Receipt)
Article 487
(Request for Return of Claim Instrument)
Article 488
(Designation of Obligations to be Performed)
(2)
(3)
Article 489
(Statutory Allocation)
Article 490
(Allocation in cases More than One Performance Should be Tendered)
Article 491
(Allocation in cases Principal, Interest, and Expenses Should be Paid)
(2)
Article 492
(Effect of Tender of Performances)
Article 493
(Method of Tender of Performances)
Division 2 Deposit of Subject-Matter of Performance
Article 494
(Deposit)
Article 495
(Method of Deposit)
(2)
(3)
Article 496
(Recovery of Deposited Property)
(2)
Article 497
(Property Not Suitable for Deposit)
Article 498
(Requirements for Acceptance of Deposited Property)
Division 3 Subrogation by Performance
Article 499
(Voluntary Subrogation)
(2)
Article 500
(Statutory Subrogation)
Article 501
(Effect of Subrogation by Performance)
Article 502
(Subrogation by Partial Performance)
(2)
Article 503
(Delivery of Claim Instrument by Obligee)
(2)
Article 504
(Loss of Security by Obligee)
Subsection 2 Set-offs
Article 505
(Requirements for Set-offs)
(2)
Article 506
(Method and Effect of Set-offs)
(2)
Article 507
(Set-offs between Obligations with Different Places of Performance)
Article 508
(Set-offs Intended to Invoke a Claim Extinguished by Prescription )
Article 509
(Prohibition of Effecting Set-offs Against Any Claim Arising from Tortious Acts)
Article 510
(Prohibition of Set-offs Against Any Claim Immune from Attachment)
Article 511
(Prohibition of Set-offs Against Any Claim Subject to Injunction)
Article 512
(Allocation of Set-off)
Subsection 3 Novation
Article 513
(Novation)
(2)
Article 514
(Novation by Substitution of Obligor)
Article 515
(Novation by Substitution of Obligee)
Article 516
Article 517
(Cases where Obligations Existing Prior to Novation are not Extinguished)
Article 518
(Conversion of Security to Obligation After Novation)
Subsection 4 Release
Article 519
Subsection 5 Merger
Article 520
Chapter II Contracts
Section 1 General Provisions
Subsection 1 Formation of Contracts
Article 521
(Offers that Specify Period for Acceptance)
(2)
Article 522
(Late Arrival of Notices of Acceptance)
(2)
Article 523
(Effect of Delayed Acceptance)
Article 524
(Offers that do not Specify Period for Acceptance)
Article 525
(Offeror's Death or Loss of Capacity to Act)
Article 526
(Time of Formation of Contract between Persons at Distance)
(2)
Article 527
(Late Arrival of Notices of Revocation of Offer)
(2)
Article 528
(Acceptances which Modify Offer)
Article 529
(Advertisements Offering Prizes)
Article 530
(Revocation of Advertisements Offering Prizes)
(2)
(3)
Article 531
(Right to Receive Rewards in Advertisements Offering Prizes)
(2)
(3)
Article 532
(Advertisement Offering Prizes to Most Outstanding Applicant)
(2)
(3)
(4)
Subsection 2 Effect of Contracts
Article 533
(Defense for Simultaneous Performance)
Article 534
(Obligees to Assume Risk)
(2)
Article 535
(Assumption of Risk in Bilateral Contract with Condition Precedent)
(2)
(3)
Article 536
(Obligors' Assumption of Risk)
(2)
Article 537
(Contracts for the Benefit of Third Parties)
(2)
Article 538
(Determination of Rights of the Third Party)
Article 539
(Obligors' Defense)
Subsection 3 Cancellation of Contracts
Article 540
(Exercise of Right to Cancel)
(2)
Article 541
(Right to Cancel for Delayed Performance)
Article 542
(Right to Cancel for Delayed Performance where Time is of the Essence)
Article 543
(Right to Cancel for Impossibility of Performance)
Article 544
(Indivisible Nature of Right to Cancel)
(2)
Article 545
(Effect of Cancellation)
(2)
(3)
Article 546
(Cancellation of Contract and Simultaneous Performance)
Article 547
(Extinguishment of Right to Cancel by Demand)
Article 548
(Extinguishment of Right to Cancel by Acts of Holder of Right to Cancel)
(2)
Section 2 Gifts
Article 549
(Gifts)
Article 550
(Revocation of Gift Not in Writing)
Article 551
(Warranty by Donor)
(2)
Article 552
(Periodic Gifts)
Article 553
(Encumbered Gifts)
Article 554
(Gifts on Donor's Death)
Section 3 Sale
Subsection 1 General Provisions
Article 555
(Sale)
Article 556
(Pre-contract of Sales Exercisable by One Party)
(2)
Article 557
(Earnest Money)
(2)
Article 558
(Expenses of Contracts for Sale)
Article 559
(Mutatis Mutandis Application to Contracts for Value)
Subsection 2 Effect of Sale
Article 560
(Seller's Obligation when Selling Rights of Others)
Article 561
(Seller's Warranty when Selling Rights of Others)
Article 562
(Innocent Seller's Right of Cancellation in a Sale of Others' Rights)
(2)
Article 563
(Seller's Warranty where Rights Partially Belonged to Others)
(2)
(3)
Article 564
Article 565
(Seller's Warranty in Cases of Shortage in Quantity or Partial Loss of Object)
Article 566
(Seller's Warranty in cases of Superficies or Other Rights)
(2)
(3)
Article 567
(Seller's Warranty in cases of Mortgage or Other Rights)
(2)
(3)
Article 568
(Warranty in cases of Compulsory Auctions)
(2)
(3)
Article 569
(Seller's Warranty for Claims)
(2)
Article 570
(Seller's Warranty against Defects)
Article 571
(Seller's Warranty and Simultaneous Performance)
Article 572
(Special Agreement Disclaiming Warranty)
Article 573
(Due Date for Payment of Purchase money)
Article 574
(Place of Payment of Purchase money)
Article 575
(Ownership in Fruit and Payment of Interest on Purchase money)
(2)
Article 576
(Refusal by Buyer to Pay Purchase money where Loss of Rights is Likely)
Article 577
(Refusal by Buyer to Pay Purchase money in cases of Registered Mortgage)
(2)
Article 578
(Seller's Demand for Deposit of Purchase money)
Subsection 3 Redemption
Article 579
(Special Agreement on Redemption)
Article 580
(Period for Redemption)
(2)
(3)
Article 581
(Perfection of Special Agreement on Redemption)
(2)
Article 582
(Exercise of Right of Redemption by way of Subrogation)
Article 583
(Implementation of Redemption)
(2)
Article 584
(Sale of Co-ownership Interest with Special Agreements on Redemption)
Article 585
(2)
Section 4 Exchange
Article 586
(2)
Section 5 Loans for Consumption
Article 587
(Loans for Consumption)
Article 588
(Quasi-loans for Consumption)
Article 589
(Pre-contract of Loans for Consumption and Commencement of Bankruptcy Procedures)
Article 590
(Lender's Warranty)
(2)
Article 591
(Timing of Returns)
(2)
Article 592
(Reimbursement of Value)
Section 6 Loans for Use
Article 593
(Loans for Use)
Article 594
(Borrower's Use and Profit)
(2)
(3)
Article 595
(Responsibility for Costs of Borrowed Things)
(2)
Article 596
(Lender's Warranty)
Article 597
(Timing of Returns of Borrowed Things)
(2)
(3)
Article 598
(Removal by Borrower)
Article 599
(Termination of Loan for Use upon Death of Borrower)
Article 600
(Restriction on Period of Rights to Demand Compensation for Damages and Reimbursement of Costs)
Section 7 Leases
Subsection 1 General Provisions
Article 601
(Leases)
Article 602
(Short-term Leases)
Article 603
(Renewal of Short-term Leases)
Article 604
(Duration of Lease)
(2)
Subsection 2 Effect of Lease
Article 605
(Perfection of Leasehold)
Article 606
(Repairs of Leased Things)
(2)
Article 607
(Act to Preserve against the Will of the Lessee)
Article 608
(Lessee's Demand for Reimbursement of Costs)
(2)
Article 609
(Demand for Reduction of Rent due to Decrease in Profits)
Article 610
(Termination due to Decrease in Profits)
Article 611
(Demands for Reduction of Rent due to Partial Loss of Leased Thing)
(2)
Article 612
(Restrictions on Assignment and Subleasing of Leasehold)
(2)
Article 613
(Effect of Subleases)
(2)
Article 614
(Timing of Payment of Rent)
Article 615
(Obligation of Lessee to Give Notice)
Article 616
(Mutatis Mutandis Application of Loans for Use)
Subsection 3 Termination of Leases
Article 617
(Offers to Terminate Leases with Indefinite Terms)
(2)
Article 618
(Reservation of Rights to Terminate Leases with Definite Terms)
Article 619
(Presumption of Renewal of Leases)
(2)
Article 620
(Effect of Cancellations of Leases)
Article 621
(Limitation on Periods of Rights to Demand Compensation for Damages and Reimbursement of Costs)
Article 622
Section 8 Employment
Article 623
(Employment)
Article 624
(Timing of Payment of Remuneration)
(2)
Article 625
(Restrictions on Assignment of Employer's Rights)
(2)
(3)
Article 626
(Cancellation of Employment with a Definite Term)
(2)
Article 627
(Offer to Terminate Employment with Indefinite Term)
(2)
(3)
Article 628
(Cancellation of Employment due to Unavoidable Reasons)
Article 629
(Presumption of Renewal of Employment)
(2)
Article 630
(Effect of Cancellation of Employment)
Article 631
(Request to Terminate due to Commencement of Bankruptcy Procedures for Employer)
Section 9 Contracts for Work
Article 632
(Contracts for Work)
Article 633
(Timing of Payment of Remuneration)
Article 634
(Contractor's Warranty)
(2)
Article 635
Article 636
(No Application of Provisions on Contractor's Warranty)
Article 637
(Duration of Contractor's Warranty)
(2)
Article 638
(2)
Article 639
(Extension of Duration of Warranty)
Article 640
(Special Agreement of No Warranty)
Article 641
(Cancellation of Contract by Party Ordering Work)
Article 642
(Cancellation on Commencement of Bankruptcy Procedures for Party Ordering Work)
(2)
Section 10 Mandates
Article 643
(Mandates)
Article 644
(Duty of Care of Mandatary)
Article 645
(Reports by Mandatary)
Article 646
(Delivery of Received Things by Mandatary)
(2)
Article 647
(Mandatary's Responsibility for Consumption of Monies)
Article 648
(Remuneration for Mandatary)
(2)
(3)
Article 649
(Mandatary's Claims for Advance for Costs)
Article 650
(Mandatary's Claims for Reimbursement of Expense)
(2)
(3)
Article 651
(Cancellation of Mandate)
(2)
Article 652
(Effect of Cancellation of Mandate)
Article 653
(Grounds for Termination of Mandate)
Article 654
(Disposition after Termination of Mandate)
Article 655
(Requirement for Perfection of Termination of Mandate)
Article 656
(Quasi-Mandate)
Section 11 Deposits
Article 657
(Deposits)
Article 658
(Use of Deposited Thing and Retention by Third Parties)
(2)
Article 659
(Duty of Care of Gratuitous Depositary)
Article 660
(Obligation of Depositary to Give Notice)
Article 661
(Compensation of Damages by Depositor)
Article 662
(Depositor's Demand for Return)
Article 663
(Timing of Return of the Thing Deposited)
(2)
Article 664
(Place of Return of the Thing Deposited)
Article 665
(Mutatis Mutandis Application of Provisions on Mandate)
Article 666
(Deposits for Consumption)
(2)
Section 12 Partnerships
Article 667
(Partnership Contracts)
(2)
Article 668
(Joint Ownership in Partnership Property)
Article 669
(Responsibility for Failure to Provide Monetary Contribution)
Article 670
(Method of Business Management)
(2)
(3)
Article 671
(Mutatis Mutandis Application of Provisions on Mandates)
Article 672
(Resignations and Dismissals of Operating Partners)
(2)
Article 673
(Inspections by Partners of Condition of Partnership Business and Property)
Article 674
(Proportions of Partners' Distributions of Profits and Losses)
(2)
Article 675
(Exercise of Right of Creditors of the Partnership against Partners)
Article 676
(Disposal Partners' Shares and Division of Partnership Property)
(2)
Article 677
(No Set-off by Obligor of Partnership)
Article 678
(Withdrawal of Partners)
(2)
Article 679
Article 680
(Expulsion of Partners)
Article 681
(Refunds of Shares of Withdrawing Partners)
(2)
(3)
Article 682
(Causes of Dissolution of Partnerships)
Article 683
(Request for Dissolution of Partnerships)
Article 684
(Effect of Cancellation of Partnership Contracts)
Article 685
(Liquidation of Partnerships and Appointment of Liquidators)
(2)
Article 686
(Method of Management of Liquidators' Business)
Article 687
(Resignations and Dismissals of Liquidators who are Partners)
Article 688
(Duties and Authority of Liquidators and Method of Division of Residual Assets)
(2)
(3)
Section 13 Life Annuities
Article 689
(Life Annuities)
Article 690
(Accounting for Life Annuities)
Article 691
(Cancellation of Contracts for Life Annuities)
(2)
Article 692
(Cancellation of Contracts for Life Annuities and Simultaneous Performance)
Article 693
(Declaration of Continuation of Claim for Life Annuity)
(2)
Article 694
(Testamentary Gifts of Life Annuities)
Section 14 Settlements
Article 695
(Settlements)
Article 696
(Effect of Settlements)
Chapter III Negotiorum Gestio (Management of Business)
Article 697
(Negotiorum Gestio (Management of Business))
(2)
Article 698
(Urgent Management of Business)
Article 699
(Obligation of Managers to Give Notice)
Article 700
(Continuation of Management of Business by Managers)
Article 701
(Mutatis Mutandis Application of Provisions on Mandates)
Article 702
(Managers' Claims for Reimbursement of Costs)
(2)
(3)
Chapter IV Unjust Enrichment
Article 703
(Obligation to Return Unjust Enrichment)
Article 704
(Obligation of Beneficiaries in Bad Faith to Return)
Article 705
(Performance knowing of Absence of Obligation)
Article 706
(Performance before Due Date)
Article 707
(Performance of Obligations of Others)
(2)
Article 708
(Performance for Illegal Causes)
Chapter V Torts
Article 709
(Damages in Torts)
Article 710
(Compensation for Damages Other than Property)
Article 711
(Compensation for Damages to Next of Kin)
Article 712
(Capacity for Liability)
Article 713
Article 714
(Liability of Person Obligated to Supervise a Person without Capacity)
(2)
Article 715
(Liability of Employers)
(2)
(3)
Article 716
(Liability of Party Ordering Work)
Article 717
(Liability of Possessor and Owner of Structure on Land)
(2)
(3)
Article 718
(Liability of Possessor of Animal)
(2)
Article 719
(Liability of Joint Tortfeasors)
(2)
Article 720
(Self-Defense and Aversion of Present Danger)
(2)
Article 721
(Fetus' Capacity to Hold Rights regarding the Right to Demand Compensation for Damages)
Article 722
(Method of Damages and Comparative Negligence)
(2)
Article 723
(Recovery in Defamation)
Article 724
(Restriction of Period of Right to Demand Compensation for Damages in Tort)