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日本民法典英文

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2021-01-25 14:14
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2021年1月25日发(作者:阿基里斯)
日本民法典英文


Part I General Provisions Chapter1 mon Provisions
(Fundamental Principles)

Article1 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)
Article2 This Code must be construed in accordance
with honoring the dignity of individuals and the
essential equality of both sexes. Chapter2 Person Section
I Capacity to Hold Rights Article3 The enjoyment of
private rights shall mence at birth. (2)
Unless otherwise provided by applicable laws,
regulations or treaties, foreign nationals shall enjoy
private rights. Section II Capacity to Act (Age of
Majority)
Article4 The age of majority is reached when a person
has reached the age of20. (Juristic Act of Minors)

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Article5 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the preceding paragraph may be rescinded.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 paragraph1, 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)
Article6 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

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Part IV (Relatives). (Ruling for mencement of
Guardianship)
Article7 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
mencement 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)
Article8 A person who has bee subject to the ruling
of mencement 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)
Article9 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 mencement of Guardianship)

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Article10 When the cause set forth in Article7 ceases
to exist, the family court must rescind the ruling of the
mencement 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 mencement of Curatorship)
Article11 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 mencement 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 Article7 exists.
(Person under Curatorship and his/her Curator)

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Article12 A person who has bee subject to the ruling
of mencement of curatorship shall be the person under
curatorship, and a curator shall be appointed for him/her.
(Acts Requiring Consent of Curator)
Article13 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 Article9: (i)
receive or use any principal;The term
“principal“ in this section refers to any
principal
fund which can bear fruit, such as interest. (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 paragraph1, Article2 of the Arbitration Act
(Act No.138 of2003)); (vi)

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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;“bequest“ may be appropriate since
it refers to personal property. (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 Article602. (2)
At the request of the person provided in the main
clause of Article11, 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
Article9, (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

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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
mencement of Curatorship)
Article14 When the cause provided in the main clause
of Article11 ceases to exist, the family court must
rescind the order of the mencement 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 paragraph2 of the
preceding Article. (Ruling of mencement of Assistance)
Article15 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

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