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Civil
Code (Japan)
[English Translation of the Content and Articles 1, 2, 36, 240, 308 and 613]
Part One General Provisions
Article
1
(1) Private rights shall be subject to the principle of public welfare.
(2) Rights and Obligations shall be exercised or performed in a good faith and in compliance with the bona fide principle.
(3) Abuse of rights shall not be allowed.
This law shall be construed on the basis of the dignity of individuals and the substantial equality of the both sexes.
Chapter One Natural Person
Section 1 Enjoyment of Private Rights
Section 2 Capacity
Section 3 Address
Section 4 Disappearance
Chapter Two Juridical Person
Section 1 Formation of Juridical Person
Article
36
(1) As to foreign juridical persons, the formation of any foreign juridical persons other than countries, administrative districts of the country and business companies shall not be allowed, unless they are allowed to form under the provisions of law or any international treaty.
(2) Foreign juridical persons allowed under the provisions of the previous paragraph shall have the same private rights as the same kind of juridical persons formed in Japan, except for the rights that cannot be enjoyed by foreigners and/or in the case where there are special provisions in any law or international treaty.
Section 2 Administration of Juridical Person
Section 3 Dissolution of Juridical Person
Section 4 Supplementary Provisions
Section 5 Punitive Provisions
Chapter Three Object
Chapter Four Juristic Act
Section 1 General Provisions
Section 2 Manifestation of Intention
Section 3 Proxy
Section 4 Invalidity and Cancellation
Section 5 Conditions and Time Limit
Chapter Five Period of Time
Chapter Six Prescription
Section 1 General Provisions
Section 2 Acquisitive Prescription
Section 3 Extinctive Prescription
Part Two Real Rights
Chapter One General Provisions
Chapter Two Right of Possession
Section 1 Acquisition of Right of Possession
Section 2 Effect of Right of Possession
Section 3 Extinction of Right of Possession
Section 4 Quasi-possession
Chapter Three Ownership Right
Section 1 Limitation of Ownership Right
Section 2 Acquisition of Ownership Right
Article
240
The finder of a lost article shall acquire the ownership of that lost article if the owner of that lost article has been unknown for six months after the announcement under the provisions of the special law.
Section 3 Co-ownership
Chapter Four Surface Right
Chapter Five Permanent Tenant Right
Chapter Six Easement
Chapter Seven Retention Right
Chapter Eight Preferential Rights
Section 1 General Provisions
Section 2 Various Preferential Rights
Subsection 1 Ordinary Preferential Rights
Article
308
Preferential right for the salary of the employee shall exist for the last six months’ salary to be received by that employee of the debtor.
Subsection 2 Preferential Rights of Movables
Subsection 3 Preferential Rights of Immovables
Section 3 Rank of Preferential Rights
Section 4 Effect of Preferential Rights
Chapter Nine Pledge
Section 1 General Provisions
Section 2 Pledge on Movables
Section 3 Pledge on Immovables
Section 4 Pledge on Rights
Chapter Ten Hypothecation
Section 1 General Provisions
Section 2 Effect of Hypothecation
Section 3 Extinction of Hypothecation
Section 4 Maximal Hypothec
Part Three Claims or Creditor’s Rights
Chapter One General Provisions
Section 1 Purpose of Claims
Section 2 Effect of Claims
Section 3 Claims to Plural Parties
Subsection 1 General Provisions
Subsection 2 Indivisible Obligation
Subsection 3 Joint Obligation
Subsection 4 Cautionary Obligation
Section 4 Transfer of Creditor’s Rights
Section 5 Extinction of Creditor’s Rights
Subsection 1 Fulfillment
Subsection 2 Setoff
Subsection 3 Renewal
Subsection 4 Release
Subsection 5 Merger
Chapter Two Contract
Section 1 General Provisions
Subsection 1 Formation of Contract
Subsection 2 Effect of Contract
Subsection 3 Revocation of Contract
Section 2 Gift
Section 3 Sale Transaction
Subsection 1 General Provisions
Subsection 2 Effect of Sale Transaction
Subsection 3 Repurchase
Section 4 Exchange
Section 5 Loan for Consumption
Section 6 Loan for Use
Section 7 Lease
Subsection 1 General Provisions
Subsection 2 Effect of Lease
(1) If the lessee legally subleases the leased object, the sublessee shall have obligations directly to the lessor. In this case, the sublessee cannot oppose to the lessor on the ground that he has previously paid the rent to the lessee.
(2) The provisions of the previous paragraph shall not prevent the lessor from exercising his rights to the lessee.
Subsection 3 Termination of Lease
Section 8 Employment
Section 9 Undertaking
Section 10 Delegation
Section 11 Deposition
Section 12 Civil Partnership
Section 13 Life Annuity
Section 14 Conciliation
Chapter Three Administration
Chapter Four Unjust Enrichment
Chapter Five Wrongful Act
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