train.tsv

	pair_id	label	articles	query	filename
0	H18-1-1	Y	"Article 572
Even if the seller makes a special agreement to the effect that the seller does not warrant in the case prescribed in the main clause of Article 562, paragraph (1) or Article 565, the seller may not be released from that responsibility with respect to any fact that the seller knew but did not disclose, and with respect to any right that the seller personally created for or assigned to a third party."	A special provision that releases warranty can be made, but in that situation, when there are rights that the seller establishes on his/her own for a third party, the seller is not released of warranty.	riteval_H18_en.xml
0	H18-1-2	N	"Article 565
The provisions of the preceding three Articles apply mutatis mutandis if the right transferred by the seller to the buyer does not conform to the terms of the contract (including the case in which the seller fails to transfer part of a right that belongs to another person).
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."	There is a limitation period on pursuance of warranty if there is restriction due to superficies on the subject matter, but there is no restriction on pursuance of warranty if the seller's rights were revoked due to execution of the mortgage.	riteval_H18_en.xml
0	H18-1-3	N	"Article 568
(1) The successful bidder at an auction based on the provisions of the Civil Execution Act and other laws (hereinafter referred to as an ""auction"" in this Article) may cancel the contract or demand a reduction of the price against the obligor pursuant to the provisions of Articles 541 and 542 and the provisions of Article 563
(including as applied mutatis mutandis pursuant to Article 565).
(2) In the cases referred to in the preceding paragraph, if the obligor is insolvent, the successful bidder may demand total or partial reimbursement of the proceeds against the obligees that received the distribution of the proceeds.
(3) In the cases set forth in the preceding two paragraphs, if obligors knew of the absence of the object or right and did not disclose the same, or if obligees knew of the absence but demanded an auction, the successful bidder may claim compensation for loss or damage against those persons.
(4) The provisions of the preceding three paragraphs do not apply to the non-conformity with respect to the kind or quality of the subject matter of an auction."	A compulsory auction is also a sale, so warranty is imposed the same as for an ordinary sale.	riteval_H18_en.xml
0	H18-2-1	Y	"Article 697
(1) A person that has begun to manage a business for another person without being obligated to do so (hereinafter in this Chapter referred to as a ""manager"") must manage that business, in accordance with the nature of the business, in the way that best suits the interests of the principal (hereinafter referred to as ""benevolent intervention in another's business"").
(2) A manager must engage in benevolent intervention in another's business in accordance with the intentions of the principal if the manager knows, or is able to conjecture that intention."	In cases where a person plans to prevent crime in their own house by fixing the fence of a neighboring house, that person is found as having intent towards the other person.	riteval_H18_en.xml
0	H18-2-2	Y	"Article 698
If a manager engages in benevolent intervention in another's business in order to allow a principal to escape imminent danger to the principal's person, reputation, or property, the manager is not liable to compensate for damage resulting from this unless the manager has acted in bad faith or with gross negligence."	In cases where an individual rescues another person from getting hit by a car by pushing that person out of the way, causing the person's luxury kimono to get dirty, the rescuer does not have to compensate damages for the kimono.	riteval_H18_en.xml
0	H18-2-3	N	"Article 698
If a manager engages in benevolent intervention in another's business in order to allow a principal to escape imminent danger to the principal's person, reputation, or property, the manager is not liable to compensate for damage resulting from this unless the manager has acted in bad faith or with gross negligence."	A manager must engage in management exercising care identical to that he/she exercises for his/her own property.	riteval_H18_en.xml
0	H18-2-4	Y	"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."	In cases where a person repairs the fence of a neighboring house after it collapsed due to a typhoon, but the neighbor had intended to replace the fence with a concrete-block wall in the near future, if a separate typhoon causes the repaired sections to collapse the following week, reimbursement of repair fees can no longer be demanded.	riteval_H18_en.xml
0	H18-2-5	N	"Article 697
(1) A person that has begun to manage a business for another person without being obligated to do so (hereinafter in this Chapter referred to as a ""manager"") must manage that business, in accordance with the nature of the business, in the way that best suits the interests of the principal (hereinafter referred to as ""benevolent intervention in another's business"").
(2) A manager must engage in benevolent intervention in another's business in accordance with the intentions of the principal if the manager knows, or is able to conjecture that intention."	Even in cases when a parent, based on the authority of parents determined under the law, performs the business of the child as a statutory agent, Management of Business is established.	riteval_H18_en.xml
0	H18-3-2	Y	"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."	The employer is released from his/her liability in cases when proof is provided that the employer made proper care regarding the appointment and supervision of the employee.	riteval_H18_en.xml
0	H18-3-4	Y	"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."	Even in cases when the victim has proven that authority of supervision has been granted to the agent supervisor from the employerprior to the act of injury of the employee, if proof is provided that the agent supervisor exercised reasonable care to the appointment and supervisionof the employee, the agent supervisor is released from liability.	riteval_H18_en.xml
0	H18-9-1	Y	"Article 175
No real right may be established other than those prescribed by laws including this Code.
Article 265
A superficiary has the right to use another person's land in order to own structures, or trees or bamboo, on that land.
Article 270
A farming right holder has the right to pay rent and engage in cultivation or livestock farming on another person's land.
Article 280
A servitude holder has the right to use another person's land for the convenience of their own lands in accordance with purposes prescribed in the act establishing the servitude;provided, however, that this right must not violate the provisions (limited to those that relate to public policy) under Section 1 of Chapter 3 (Extent of Ownership)."	Usufructuary rights are only established for real estate.	riteval_H18_en.xml
0	H18-9-2	N	"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."	Statutory real rights granted by way of security exist, but statutory usufructuary rights do not exist.	riteval_H18_en.xml
0	H18-9-3	N	"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.
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 330
(1) If there are competing special statutory liens against the same movables, the order of priority follows the order set forth below.In this case, if there are two or more preservers with respect to the statutory liens for preservation of movables set forth in item (ii), a new preserver has priority over previous preservers:
(i) statutory liens for leases of immovables, lodging at hotels and transportation;
(ii) statutory liens for the preservation of movables; and
(iii) statutory liens for the sale of movables, the supply of seeds and seedlings or fertilizer, agricultural labor and industrial labor.
(2) In the cases referred to in the preceding paragraph, if a holder of a statutory lien ranked first knew at the time of acquiring the relevant claim of the existence of a holder of a statutory lien of the second or third rank, that holder may not exercise the relevant rights of priority against those persons. The same applies to the exercise against persons that have preserved things on behalf of the holder of a statutory lien of the first rank.
(3) Regarding fruits, the first rank belongs to persons who engage in agricultural labor, the second rank belongs to persons that supply seeds and seedlings or fertilizer, and the third rank belongs to lessors of land."	In cases where real rights do not require requirements of perfection, the real rights that formed earlier in time take priority.	riteval_H18_en.xml
0	H18-15-1	N	"Article 398-20
(1) The principal secured by a revolving mortgage is crystallized in the following cases:
(i) if the revolving mortgagee has filed, with respect to the mortgaged immovables, a petition for auction or execution against earnings from immovable collateral or the attachment under the provisions of Article 304
as applied mutatis mutandis pursuant to Article 372;provided, however, that this provision applies only if the commencement of either auction procedures or execution procedures against earnings from immovable collateral, or an attachment has been effected;
(ii) if the revolving mortgagee has effected an attachment for disposition of delinquency against the mortgaged immovables;
(iii) if two weeks have passed from the time when the revolving mortgagee acquired knowledge of the commencement of auction procedures or attachment for disposition of delinquency against the mortgaged immovables; or
(iv) if the obligor or mortgagor of the revolving mortgage has become subject to an order commencing bankruptcy proceeding.
(2) If the commencement of auction procedures, the attachment under item (iii) of the preceding paragraph or the order commencing bankruptcy proceeding under item (iv) of that paragraph ceases to be effective, it is deemed that the principal secured was not crystallized;provided, however, that this does not apply if a person has acquired that revolving mortgage or a right for which the revolving mortgage is the subject matter on the assumption that the principal was crystallized."	Even if procedures for auctions petitioned by a lower rank security interest holder have begun, since the  first rank -revolving mortgagee has priority over the lower rank security interest holder regarding selection of the timing of the auction, the first rank revolving mortgagee can stop the auction procedures without fixing the principal.	riteval_H18_en.xml
0	H18-15-2	N	"Article 398-3
(1) A revolving mortgagee may exercise the relevant revolving mortgage up to the maximum amount with respect to all of crystallized principal as well as periodic payments including interest and compensation for loss or damage resulting from failure to perform obligations.
(2) If a claim under a negotiable instrument or check or electronically recorded monetary claim acquired from causes other than the transactions with the obligor is agreed to be treated as a claim to be secured by a revolving mortgage, and any of the following grounds exist, that revolving mortgage may be exercised only with respect to claims acquired before those grounds arose;provided, however, that even with respect to claims acquired after the grounds arose, the exercise of the revolving mortgage is not precluded as far as the claims were acquired without knowledge of those grounds:
(i) the suspension of payments by the obligor;
(ii) a petition to commence bankruptcy proceeding, the commencement of rehabilitation proceeding, the commencement of reorganization proceeding or the commencement for special liquidation with respect to the obligor; or
(iii) a petition for commencement of auction procedure in relation to a mortgaged immovables or attachment for disposition of delinquency."	If the principal is fixed, the revolving mortgage will be treated the same as an ordinary mortgage, and thus, interests or damages of secured claims secured by the revolving mortgage shall be limited to the amount of the last two years.	riteval_H18_en.xml
0	H18-15-3	N	"Article 398-2
(1) Mortgages may be created, by an establishing act, in order to secure unspecified claims of a certain scope, up to the limit of a maximum amount.
(2) The scope of the unspecified claims to be secured by the mortgage under the provisions of the preceding paragraph (hereinafter referred to as ""revolving mortgage"") must be prescribed by limiting the scope to claims arising from specific contracts with the obligor for continuous transactions or other claims arising from certain kinds of transactions with the obligor.
(3) Claims that arise continuously with the obligor pursuant to a specific cause, claims under negotiable instruments or checks, or electronically recorded monetary claims (meaning electronically recorded monetary claims prescribed in Article 2, paragraph (1) of the Electronically Recorded Monetary Claims Act (Act No. 102 of 2007); the same applies in paragraph (2) of the following Article) may be treated as claims that are to be secured by a revolving mortgage, notwithstanding the provisions of the preceding paragraph."	Since the  limit of performance received in priority by the revolving mortgage is determined by the  maximum amount, and  lower rank  security holders and  ordinary obligees do not possess interest in what kind of obligation will be secured,  the purpose  of the limit of the scope of the secured claim is to protect all mortgagors.	riteval_H18_en.xml
0	H18-15-4	N	"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."	Even before the principal of the revolving mortgage is fixed, the  third party that performed secured claims after the arrival of the due date can execute the revolving mortgage in subrogation of the revolving mortgager, in order to make the right to obtain reimbursement from the obligor secure.	riteval_H18_en.xml
0	H18-15-5	Y	"Article 398-12
(1) Before the principal is crystallized, a revolving mortgagee may assign a revolving mortgage, with the approval of the mortgagor of the revolving mortgage.
(2) A revolving mortgagee may divide the revolving mortgage into two revolving mortgages and assign either of the same pursuant to the provisions of the preceding paragraph.In this case, the rights for which that revolving mortgage is the subject matter is extinguished with respect to the revolving mortgage that was assigned.
(3) In order to effect an assignment under the provisions of the preceding paragraph, the approval of the person that holds the rights for which that revolving mortgage is the subject matter must be obtained.
Article 398-13
Before the principal is crystallized, a revolving mortgagee may, with the approval of the mortgagor of the revolving mortgage, effect a partial assignment of the revolving mortgage (meaning assignments of revolving mortgages that the assignor effects without dividing the revolving mortgage in order to co-own the same with the assignee; hereinafter the same applies in this Section)."	Since a  revolving mortgage before the fixing of principal  can be described as a right which dominates the value of the maximum amount  detached from the secured claim, it can be transferred in whole or in part, but since the obligor and the secured claim may change, approval must be obtained from the revolving mortgagor.	riteval_H18_en.xml
0	H18-20-1	N	"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."	In cases where an adult ward receives the gift of a building, the adult ward cannot rescindthe relevant gift contract.	riteval_H18_en.xml
0	H18-20-2	Y	"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."	In cases when the adult ward performs juristic acts other than acts related to everyday life, even if the adult ward obtains approval from the guardian of the adult in advance for the relevant juristic act, the adult ward can rescindthe juristic act.	riteval_H18_en.xml
0	H18-20-3	N	"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."	The minor that has been appointed a guardian of a minor cannot request a ruling for commencement of guardianship and be appointed a guardian of an adult.	riteval_H18_en.xml
0	H18-21-2	N	"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 153
(1) The postponement of the expiry of prescription period or the renewal of prescription period under the provisions of Article 147
or Article 148
is effective only between the parties with respect to whom grounds to postpone the expiry of prescription period or to renew prescription period have arisen and their successors.
(2) The postponement of expiry of prescription period under the provisions of Articles 149 through 151 is effective only between the parties with respect to whom grounds to postpone the expiry of prescription period have arisen and their successors.
(3) The renewal of prescription period under the provisions of the preceding Article is effective only between the parties with respect to whom grounds to renew prescription period have arisen and their successors.
Article 458
The provisions of Article 438, Article 439, paragraph (1), Article 440, and Article 441
apply mutatis mutandis to circumstances which arise with regard to the guarantor that bears the obligation jointly and severally with the principal obligor.
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."	When jointly and severally liable guarantor person C acknowledges a claim from person A to person B before the prescription period has elapsed, the effect of interruption of prescription also affects main obligor person B.	riteval_H18_en.xml
0	H18-21-3	Y	"Article 169
(1) The period of prescription of a right determined by a final and binding judgment or anything that has the same effect as a final and binding judgment is 10 years even if a period of prescription shorter than 10 years is provided for.
(2) The provisions of the preceding paragraph do not apply to a claim which is not yet due and payable at the time when it is determined."	Regarding delay in performance of a claim that occurred due to a commercial transaction, when a civil conciliation which states that the obligor will perform in installments is formed, the period of prescription for the relevant claim shall be 10 years.	riteval_H18_en.xml
0	H18-23-I	Y	"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.
(3) In the case referred to in paragraph (1), rights of the third party accrue when the third party has manifested intention of availing of the benefit of the contract under that paragraph to the obligor."	In cases where person A sold a jewel to person B, person B entered into a contract where person B was assigned to pay the purchase money to person C, and person C expressed his/her intention to enjoy the benefit of the contract, if person A delivered the jewel to person B, and person B has not paid the purchase money to person C yet, while person C can demand that person B should pay  the purchase money, person A can also demand that person B should pay the purchase money to person C.	riteval_H18_en.xml
0	H18-23-U	N	"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.
(3) In the case referred to in paragraph (1), rights of the third party accrue when the third party has manifested intention of availing of the benefit of the contract under that paragraph to the obligor.
Article 538
(1) After rights of the third party have accrued pursuant to the provisions of the preceding Article, the parties may not modify or extinguish those rights.
(2) If, after rights of the third party accrue pursuant to the provisions of the preceding Article, the obligor does not perform the obligation to the third party, the other party to the contract referred to in paragraph (1) of that Article may not cancel the contract without the consent of the third party."	In cases where person A sold a jewel to person B, and person B entered into a contract to pay the purchase money to person C as a performance of a loan obligation which A and D jointly and severally carry towards person C, if person D had already performed the obligation to person C, even after person C has expressed his/her intention to enjoy the benefit of the contract, person A can cancel  the contract upon agreement with person B.	riteval_H18_en.xml
0	H18-25-E	Y	"Article 107
If an agent performs an act that falls within the scope of that agent's authority to represent for the purpose of benefiting the agent's own interests or the interests of a third party, and the other party knew of or could have ascertained that purpose, that act is deemed to be an act performed by a person without authority to represent.
Article 109
(1) A person who indicates to a third party that the person granted certain authority to represent to another person is liable for an act performed between that other person and that third party within the scope of the authority to represent;provided, however, that this does not apply if the third party knew or did not know due to negligence that the other person has not been granted the authority to represent.
(2) If a person who indicates to a third party that the person granted authority to represent to another person is, pursuant to the provisions of the preceding paragraph, liable for acts performed by that other person in relation to the third party within the scope of the authority to represent, and the other person performs in relation to the third party an act beyond the scope of the authority to represent, the person who makes the indication is liable for that act only if the third party has reasonable grounds for believing that the other person has authority to represent in that act.
Article 110
The provisions of the main clause of paragraph (1) of the preceding Article apply mutatis mutandis if an agent performs an act exceeding the agent's authority to represent and a third party has reasonable grounds for believing that the agent has the authority as an agent."	a person who has manifested to a third party that he/she has granted certain authority of agency to other person(s) shall be relieved of his/her liability of apparent authority, if there is any proof  that the third party knew or was negligent  that the other person had not been granted authority of agency.	riteval_H18_en.xml
0	H18-26-1	Y	"Article 255
If one of co-owners waives interest or dies without an heir, the-waived interest belongs to the other co-owners."	In cases where person A and person B co-own building X at a ratio of 1:1, if person A dies and had no heirs or persons with special connection, ownership of building X belongs to person B.	riteval_H18_en.xml
0	H18-26-5	Y	"Article 254
A claim that one of the co-owners holds against other co-owners with respect to the property in co-ownership may be exercised against their specific successors."	In cases where person A pays in advance management fees for a building co-owned by person A and person B, and person C receives  the share from person B, person A can demand that person C should  pay for person A's payments.	riteval_H18_en.xml
0	H18-27-U	N	"Article 485
Unless a particular intention is manifested with respect to the expenses of performance, those expenses are borne by the obligor;provided, however, that if the obligee caused the expenses of performance to increase by relocating the domicile thereof or taking any other act, the amount of increase due to this is borne by the obligee."	In cases where the obligee changes residence to a faraway location prior to the due date for  performance, the obligor should bear the delivery costs of the object	riteval_H18_en.xml
0	H18-28-1	N	"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."	No contract of joint and several guarantee shall be effective unless it is made in writing, but a contract of guarantee shall be effective even if it is not made in writing.	riteval_H18_en.xml
0	H18-28-2	Y	"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."	In cases where a contract of revolving guarantee the principal obligation of which is payment of purchase money upon a contract of continuous sales is made, if the maximum amount for the amount of the principal, any penalty and damages in connection with such principal obligation, and all other charges incidental to such obligation is not stipulated, the contract of revolving guarantee shall not be effective.	riteval_H18_en.xml
0	H18-28-3	Y	"Article 465-4
(1) The principal of the principal obligation under a contract for revolving guarantee by an individual is crystallized in the following cases;provided, however, that in the case set forth in item (i), it is crystallized only if the procedure for compulsory execution or enforcement procedure of a security right is commenced:
(i) if an obligee files a petition for compulsory execution or enforcement of any security right for a claim for payment of money with regard to any property of the guarantor;
(ii) if the guarantor receives an order commencing bankruptcy proceeding; or
(iii) the relevant principal obligor or guarantor has died.
(2) Beyond the case prescribed in the preceding paragraph, the principal of the principal obligation under a contract for revolving guarantee by an individual for loans is crystallized in the following cases;provided, however, that in the case set forth in item (i), it is crystallized only if the procedure for compulsory execution or enforcement procedure of a security right is commenced:
(i) if the obligee files a petition for compulsory execution or enforcement of a security right for a claim for payment of money with regard to property of the principal obligor; or
(ii) if the principal obligor receives an order commencing bankruptcy proceeding."	In cases where the obligee has filed a petition for compulsory execution with respect to a claim the subject matter of which is payment of money on any property of the principal obligor, and the court ordered the commencement of such compulsory execution procedure, the principal for the principal obligation under  the contract for revolving guarantee on loans shall be  determined at the time of the filing.	riteval_H18_en.xml
0	H18-28-4	N	"Article 465-3
(1) If a contract for revolving guarantee by an individual under which the scope of the principal obligation includes an obligation to be borne as a result of loans or receiving a discount of a negotiable instrument (hereinafter referred to as a ""loan obligation""; and this contract is hereinafter referred to as a ""contract for revolving guarantee by an individual for loans"") provides for the date on which the principal of the principal obligation should be crystallized (hereinafter referred to as the ""principal crystallization date""), and it also provides that the principal crystallization date is to fall on or after the day on which five years have passed after the day of the conclusion of the contract for the revolving guarantee by an individual for loans, the provisions concerning the principal crystallization date do not become effective.
(2) If a contract for revolving guarantee by an individual for loans does not provide for a principal crystallization date (or if the provisions concerning the principal crystallization date do not become effective pursuant to the provisions of the preceding paragraph), the principal crystallization date is to fall on the day on which three years have passed from the day of the conclusion of the contract for revolving guarantee by an individual for loans.
(3) If a change of the principal crystallization date provided for in a contract for revolving guarantee by an individual for loans is to be effected, and the principal crystallization date as changed falls on a day later than the day on which five years have passed after the day of the change, that change of the principal crystallization date does not become effective;provided, however, that this does not apply if the change of the principal crystallization date is effected within two months immediately preceding the principal crystallization date, and the principal crystallization date as changed falls on a day within five years from the original principal crystallization date.
(4) The provisions of Article 446, paragraphs (2) and (3) apply mutatis mutandis to the provisions concerning a principal crystallization date in a contract for revolving guarantee by an individual for loans and a change thereof (excluding provisions to the effect that the principal crystallization date is to fall on a day within three years from the day of the conclusion of that contract for revolving guarantee by an individual for loans, and any change which is intended to change the principal crystallization date to a day preceding the original principal crystallization date)."	For the principal obligation of a contract for revolving guarantee where the guarantor is an individual, in cases where the fixing date of the principal is specified as the day four years after the day that the contract was formed,  the fixing date of the principal is deemed to be the day three years after.	riteval_H18_en.xml
0	H18-29-4	N	"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)."	In a demand for compensation based on delayed performance of loan claim, if person Y gives proof that the delayed performance is not based on the reasons attributable to him or herself, person Y shall be relieved of the liability.	riteval_H18_en.xml
0	H18-29-5	N	"Article 404
(1) Unless the parties manifest a particular intention with respect to a claim which bears interest, the rate of the interest is the statutory interest rate as of the time when the interest first accrues.
(2) The statutory interest rate is 3% per annum.
(3) Notwithstanding the provisions of the preceding paragraph, pursuant to the provisions of Ministry of Justice Order, the statutory interest rate is to change pursuant to the provisions of the following paragraph for each term consisting of three years.
(4) The statutory interest rate for each term is the rate calculated by adding or deducting the rate equivalent to the difference between the benchmark rate for the most recent term during which there was a change in the statutory interest rate pursuant to the provisions of this paragraph (hereinafter referred to as the ""most recent term of change"" in this paragraph) and the benchmark rate for the current term (any part of the ratio which is less than 1% is disregarded), to or from the statutory interest rate for the most recent term of change.
(5) The term ""benchmark rate"" prescribed in the preceding paragraph means the rate announced by the Minister of Justice as the rate calculated by dividing, by 60, the sum of the average interest rate for short-term loans for each month (meaning the average of the interest rates for loans (limited to loans for a term of less than one year) extended by banks in each month)) during the period from January of the year six years prior to the year which contains the first day of each term to December of the year two years prior to the year which contains the first date of each term (any part of the rate which is less than 0.1% is disregarded), pursuant to the provisions of Ministry of Justice Order.
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)."	In cases where person X demands compensation of damages of 5% per annum from the day after the due date based on delay of performance of payment of sale purchase money, person X is not required to give proof of either occurrence of the damage  or the amount of it	riteval_H18_en.xml
0	H18-32-5	N	"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."	A seller that cancelled a movable sale contract on the basis of duress can demand return of the movable based on its ownership from the person who bought the movable from the buyer prior to the cancellation without knowledge or any negligence.	riteval_H18_en.xml
0	H19-1-3	N	"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."	A person who made a manifestation of intention which was induced by duress emanated from a third party may rescind such manifestation of intention on the basis of duress, only if the other party knew or was negligent of such fact.	riteval_H19_en.xml
0	H19-4-I	Y	"Article 128
While it is uncertain whether or not a condition will be fulfilled, a party to a juridical act that is subject to a condition may not prejudice the other party's interests that would arise from the juridical act upon fulfillment of the condition."	In a sales contract subject to  a condition precedent, the buyer that intentionally damaged the object while it is uncertain whether or not the condition has been fulfilled shall bear liability for damages to the seller whose expectation right is infringed.	riteval_H19_en.xml
0	H19-5-3	N	"Article 162
(1) A person that possesses the property of another for 20 years peacefully and openly with the intention to own it acquires ownership thereof.
(2) A person that possesses the property of another for 10 years peacefully and openly with an intention to own it acquires ownership thereof if the person was acting in good faith and was not negligent at the time when the possession started."	Even if the  possessor started the possession without knowledge and was not negligent of another's ownership of the property in cases where he/she subsequently knew another person's ownership during  possession, the period of prescription shall be calculated as a possessor in bad faith.	riteval_H19_en.xml
0	H19-6-A	Y	"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 412
(1) If a fixed due date is assigned to the performance of an obligation, the obligor is liable for delay from the time that due date arrives.
(2) If an uncertain due date is assigned to the performance of an obligation, the obligor is liable for delay from the time when the obligor receives the request for performance after the due date arrives or the time when the obligor becomes aware of the arrival of that due date, whichever comes earlier.
(3) If no time limit is assigned to the performance of an obligation, the obligor is liable for delay from the time the obligor receives the request for performance."	Extinctive prescription for claims with a specified due date commences to run on the time of arrival of such time limit.	riteval_H19_en.xml
0	H19-6-I	Y	"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 412
(1) If a fixed due date is assigned to the performance of an obligation, the obligor is liable for delay from the time that due date arrives.
(2) If an uncertain due date is assigned to the performance of an obligation, the obligor is liable for delay from the time when the obligor receives the request for performance after the due date arrives or the time when the obligor becomes aware of the arrival of that due date, whichever comes earlier.
(3) If no time limit is assigned to the performance of an obligation, the obligor is liable for delay from the time the obligor receives the request for performance."	Extinctive prescription for claims with unspecified due date commences to run on the time of arrival of such obligortime limit.	riteval_H19_en.xml
0	H19-6-O	Y	"Article 300
The exercise of a right of retention does not preclude the running of extinctive prescription of claims."	Even while the holder of a right to retention continues the possession of the retained property, extinctive prescription runs for its secured claim.	riteval_H19_en.xml
0	H19-7-2	N	"Article 87
(1) If the owner of a first thing attaches a second thing that the owner owns to the first thing to serve the ordinary use of the first thing, the thing that the owner attaches is an appurtenance.
(2) An appurtenance is disposed of together with the principal thing if the principal thing is disposed of."	Extended parts of the building shall be regarded as appurtenance.	riteval_H19_en.xml
0	H19-8-A	N	"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."	X, who purchased a real estate P from decedent A before the commencement of inheritance, may assert his ownership of P against Y without registration, if Y, who is the obligee of A's sole heir B, seized P in subrogation to B after B's inheritance registration of P.	riteval_H19_en.xml
0	H19-10-I	N	"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)."	Since rights of retention are real rights that include the right to possess properties, holders of rights of retention cannot demand the return of the property retained by way of an action on title based on rights of retention.	riteval_H19_en.xml
0	H19-10-O	Y	"Article 181
Possessory rights may be acquired through an agent.
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."	A landowner that leased his/her land and delivered it to a lessee not only may demand the return of such land by way of possessory actions, but also may demand the return of the land by way of actions on title based on landownership, in cases where the land was usurped by a third party.	riteval_H19_en.xml
0	H19-11-3	Y	"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."	In a case where A bought a registered building owned by B, and subsequently that building's ownership preservation registration was made in B's name, if B sold the building to C and registered the transfer,  A may not asset his/her acquisition of ownership of that building.	riteval_H19_en.xml
0	H19-11-5	N	"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."	In a case where A, B, and C co-own a land, D, who has inherited A's share from A, may assert his/her acquisition of A's share against  B and C without completing the registration.	riteval_H19_en.xml
0	H19-12-1	N	"Article 350
The provisions of Articles 296 through 300 and those of Article 304
apply mutatis mutandis to pledges.
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."	A right of retention, a pledge, and a mortgage 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 such collateral rights.	riteval_H19_en.xml
0	H19-12-3	N	"Article 331
(1) If there is conflict among special statutory liens against the same immovables, the order of priority follows the order set forth in the items of Article 325.
(2) If the same immovables are subject to successive sales, the order of priority of the statutory liens for the sale of the immovables among sellers follows the chronological order of the sales.
Article 339
Statutory liens registered in accordance with the provisions of the preceding two Articles may be exercised prior to mortgages."	The order of priority of a real estate statutory lien, a real estate pledge, and a mortgage is determined by that of the registration.	riteval_H19_en.xml
0	H19-12-4	Y	"Article 343
A thing that cannot be transferred to another person may not be made the subject of a pledge."	In cases where  a contract that creates a pledge upon a claim that cannot be assigned due to its nature has been made, such contract is void, regardless of whether the pledgee acted in good or bad faith regarding said non-assignability.	riteval_H19_en.xml
0	H19-12-5	N	"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."	A holder of  a statutory lien on movables may exercise his/her right, even in cases where the movable subject to the statutory lien has been sold and delivered to a third party, if the third party knew of the existence of such statutory lien.movablemovablemovable	riteval_H19_en.xml
0	H19-13-A	Y	"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 retain that thing until his/her claim is satisfied in its entirety.	riteval_H19_en.xml
0	H19-13-I	N	"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."	Statutory liens for employer-employee relationships secure salaries paid regularly, but do not secure retirement payments that should be paid when the employee retires.	riteval_H19_en.xml
0	H19-13-U	N	"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."	In addition to the principal of the secured claim, pledges of real estates shall secure periodic payments including interest only for those that have fallen due in the most recent two years.	riteval_H19_en.xml
0	H19-13-E	Y	"Article 375
(1) If a mortgagee has the right to demand periodic payments including interest, that mortgagee may exercise the mortgage solely with respect to payments of the last two years before maturity;provided, however, that with respect to prior periodic payments, if special registration is effected after maturity, the mortgagee is not precluded from exercising the mortgage as from the time of that registration.
(2) If the mortgagee has the right to claim compensation for loss or damage resulting from defaults in obligations, the provisions of the preceding paragraph also apply mutatis mutandis to the loss or damage of the most recent two years;provided, however, that the aggregate period including the interest and other periodic payments may not exceed two years."	In addition to the principal of the secured claim, mortgages that are not revolving mortgages shall secure periodic payments including interest only for those that have fallen due in the most recent two years.	riteval_H19_en.xml
0	H19-13-O	N	"Article 398-3
(1) A revolving mortgagee may exercise the relevant revolving mortgage up to the maximum amount with respect to all of crystallized principal as well as periodic payments including interest and compensation for loss or damage resulting from failure to perform obligations.
(2) If a claim under a negotiable instrument or check or electronically recorded monetary claim acquired from causes other than the transactions with the obligor is agreed to be treated as a claim to be secured by a revolving mortgage, and any of the following grounds exist, that revolving mortgage may be exercised only with respect to claims acquired before those grounds arose;provided, however, that even with respect to claims acquired after the grounds arose, the exercise of the revolving mortgage is not precluded as far as the claims were acquired without knowledge of those grounds:
(i) the suspension of payments by the obligor;
(ii) a petition to commence bankruptcy proceeding, the commencement of rehabilitation proceeding, the commencement of reorganization proceeding or the commencement for special liquidation with respect to the obligor; or
(iii) a petition for commencement of auction procedure in relation to a mortgaged immovables or attachment for disposition of delinquency."	In addition to the fixed principal, revolving mortgages with a fixed principal shall secure up to the maximum amount with respect to the periodic payments including interest for those that have fallen due in the most recent two years.	riteval_H19_en.xml
0	H19-14-1	Y	"Article 321
Statutory liens for the sale of movables exist against movables, in connection with the price of those movables and interest on the same.
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 obligor sold the subject matter of a statutory lien to a third party, the holder of the statutory lien for sales of movables may exercise such right against the purchase money claim accrued from the sales .	riteval_H19_en.xml
0	H19-15-I	Y	"Article 587
A loan for consumption becomes effective when a first party receives money or any other thing from a second party, having promised to return a thing of the same type, quality, and quantity.
Article 587-2
(1) Notwithstanding the provisions of the preceding Article, a loan for consumption made in writing becomes effective when a first party promises to deliver money or any other thing and a second party promises to return a thing of the same type, quality, and quantity as the thing delivered.
(2) The borrower of a loan for consumption made in writing may cancel the contract until the borrower receives the money or other thing from the lender. In such a case, if the lender sustains any damage from the cancellation of the contract, the lender may claim compensation therefor.
(3) A loan for consumption made in writing ceases to be effective if either of the parties receives an order commencing bankruptcy proceedings before the borrower receives the thing such as money from the lender.
(4) If a loan for consumption is made by means of an electronic or magnetic record in which its content is recorded, the loan for consumption is deemed to have been made in writing, and the provisions of the preceding three paragraphs apply thereto."	In cases where the registration for the creation of a mortgage has been made for monetary loan claims, but the principal was not delivered in the end, the mortgagor may demand cancellation of such  registration due to the non-existence of  secured claim.	riteval_H19_en.xml
0	H19-16-1	Y	"Article 395
(1) A person that uses or profits from a building subject to a mortgage by virtue of a lease that cannot be duly asserted against the mortgagee, and that is set forth as follows (in the following paragraph referred to as ""mortgaged building user"") is not required to deliver that building to the purchaser thereof until six months have passed from the time when the purchaser purchased that building at auction:
(i) a person that has been using or profiting from the building since prior to the commencement of auction procedures; or
(ii) a person that is using or profiting from the building by virtue of a lease given after the commencement of auction procedures by the administrator of compulsory administration or execution against earnings from immovable collateral.
(2) The provisions of the preceding paragraph do not apply if the purchaser, specifying a reasonable period of time, issues a notice to the mortgaged building user demanding payment of consideration for a period of one month or more with respect to the use of the building referred to in that paragraph that has been made after the time of purchase by the purchaser, and no payment is made within that reasonable period of time."	A person who uses a mortgaged building based on a lease that may not be asserted against the mortgagee may suspend the vacation of that building to the purchaser for up to 6 months from the time that the purchaser purchased the building in cases where the building was auctioned, if he/she has been using it prior to the commencement of auction proceedings.	riteval_H19_en.xml
0	H19-16-2	N	"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 registered lease may be asserted against  the mortgagee who gave  consent to the lease, if the entire mortgagee who had registered their respective mortgage before the lease's registration gave consent to the lease.	riteval_H19_en.xml
0	H19-16-3	Y	"Article 389
(1) If a building is constructed on a mortgaged land after the creation of a mortgage, the mortgagee may auction the building together with the land;provided, however, that the right of priority of that mortgagee may be exercised solely against the proceeds of the land.
(2) The provisions of the preceding paragraph do not apply if the owner of that building has rights with respect to the possession of the mortgaged land that may be duly asserted against the mortgagee."	If a building existed on a mortgaged land at the time it was mortgaged, even if the owner of that building did not have the right to possess the land which may be asserted against the mortgagee, the mortgagee may not auction the building together with the land.	riteval_H19_en.xml
0	H19-16-4	Y	"Article 379
A third party acquirer of a mortgaged immovables may make a claim for the extinguishment of a mortgage as prescribed in Article 383."	Holders of superficies created upon mortgaged real estates may not make a claim for the extinction of the mortgage.	riteval_H19_en.xml
0	H19-16-5	Y	"Article 371
If there is a default with respect to a claim secured by a mortgage, the mortgage extends to the fruits of the mortgaged immovables derived after the default."	Even if the owner of a mortgaged property acquires fruits derived after the default of the secured claim, it shall not be a case of unjust enrichment.	riteval_H19_en.xml
0	H19-17-1	Y	"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."	There are cases when compensation of damages may be demanded besides demand for the enforcement of performance.	riteval_H19_en.xml
0	H19-17-2	Y	"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.
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."	There are cases where only compensation of damages may be demanded, while enforcement of performance may not be demanded.	riteval_H19_en.xml
0	H19-20-I	Y	"Article 499
A person that has performed the obligation for the benefit of the obligor is subrogated to the claim of the obligee.
Article 501
(1) A person that is subrogated to the claim of the obligee pursuant to the provisions of the preceding two Articles may exercise any and all rights possessed by the obligee as the effect of, and as a security for, the claim held by the obligee.
(2) The exercise of rights under the provisions of the preceding paragraph is allowed only to the extent that the person that is subrogated to the claim of the obligee is entitled to seek reimbursement from the obligor based on the person's own rights (if one of the guarantors is subrogated to the claim of the obligee in relation to other guarantors, only to the extent that the guarantor is entitled to seek reimbursement from the other guarantors based on that guarantor's own rights).
(3) In the case referred to in paragraph (1), the following provisions apply in addition to the provisions of the preceding paragraph:
(i) a third party acquirer (meaning a person that has acquired from the obligor the property that is the subject of security; hereinafter the same applies in this paragraph) is not subrogated to the claim of the obligee in relation to any guarantors or third-party collateral providers;
(ii) one of the third party acquirers is subrogated to the claim of the obligee in relation to other third party acquirers in proportion to the price of each property;
(iii) the provisions of the preceding item apply mutatis mutandis if one of the third-party collateral providers is subrogated to the claim of the obligee in relation to other third-party collateral providers;
(iv) between a guarantor and a third-party collateral provider, the subrogation to the claim of the obligee is effected depending on the number of these persons involved;provided, however, that if there are two or more third-party collateral providers, they are subrogated to the claim of the obligee in proportion to the price of each property with respect to the amount which remains after deduction of the share of the guarantor; and
(v) a person that has acquired from a third party acquirer the property that is the subject of security is deemed to be a third party acquirer, and the provisions of items (i) and (ii) apply thereto; and a person that has acquired from a third-party collateral provider the property that is the subject of security is deemed to be a third-party collateral provider, and the provisions of items (i) and (iii) and the preceding item apply thereto."	A third party acquirer of a mortgaged real estate obligormay not subrogate to the secured claim of the obligee against the guarantor.	riteval_H19_en.xml
0	H19-26-I	N	"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."	The mandate shall terminate when the mandatary is subject to a ruling for the commencement of bankruptcy procedures, but shall not terminate when the mandator is subject to such ruling.	riteval_H19_en.xml
0	H19-26-U	Y	"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."	The mandate shall terminate when the mandatary is subject to an order  for the commencement of guardianship.	riteval_H19_en.xml
0	H19-26-O	N	"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."	Regardless of the other party's knowledge, the grounds of termination of mandate may not be asserted against the other party unless the other party was notified of the same.	riteval_H19_en.xml
0	H19-30-1	Y	"Article 700
A manager must continue the benevolent intervention in another's business until the principal or an heir or legal representative thereof is able to undertake it;provided, however, that this does not apply if it is evident that the continuation of the benevolent intervention in another's business is contrary to the will of the principal, or is disadvantageous to 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."	Even if contrary to the intentions of the principal, management of business may be established, and in that case, the manager may request reimbursement for expenses incurred for the principal  solely to the extent such principal actually enriched.	riteval_H19_en.xml
0	H19-30-3	Y	"Article 698
If a manager engages in benevolent intervention in another's business in order to allow a principal to escape imminent danger to the principal's person, reputation, or property, the manager is not liable to compensate for damage resulting from this unless the manager has acted in bad faith or with gross negligence."	Unless a Manager engages in the Management of Business in order to allow a principal to escape imminent danger to the principal's person, reputation or property, the manager must manage the business with due care of a prudent manager.	riteval_H19_en.xml
0	H19-30-5	Y	"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."	A manager must report the progress and results to the principal without delay upon completion of the management of business.	riteval_H19_en.xml
0	H21-1-1	Y	"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."	Acceptance made by a minor that received an offer of gifts without burden without getting consent from his/her statutory agent may not be rescinded.	riteval_H21_en.xml
0	H21-1-2	N	"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)."	If a minor, after getting permission for carrying a business from his/her statutory agent, performs an act unrelated to the business without getting consent of the statutory agent, that act may not be rescinded.	riteval_H21_en.xml
0	H21-1-3	Y	"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."	The purchase of daily household items may not be rescinded, even if an adult ward performed the act.	riteval_H21_en.xml
0	H21-1-4	N	"Article 13
(1) A person under curatorship must obtain the consent of the curator in order to perform any of the following acts;provided, however, that this does not apply to an act provided for in the proviso of Article 9:
(i) receiving or using any property producing civil fruit;
(ii) borrowing money or guaranteeing an obligation;
(iii) performing an act with the purpose of acquiring or losing any right regarding immovables or other significant property;
(iv) suing any procedural act;
(v) giving a gift, reaching a settlement, or entering into an arbitration agreement (meaning an arbitration agreement as provided in Article 2, paragraph (1) of the Arbitration Act (Act No. 138 of 2003));
(vi) accepting or renouncing a succession or dividing an estate;
(vii) refusing an offer of a gift, renouncing a legacy, accepting an offer of gift with burden, or accepting a legacy with burden;
(viii) constructing a new building, renovating, expanding, or undertaking major repairs;
(ix) granting a lease for a term that exceeds the period set forth in Article 602; or
(x) performing any of the acts set forth in the preceding items as a legal representative of a person with qualified legal capacity (meaning a minor, adult ward, or person under curatorship or a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1); the same applies hereinafter).
(2) At the request of a person as referred to in the main clause of Article 11
or the curator or curator's supervisor, the family court may decide that the person under curatorship must also obtain the consent of the curator before performing an act other than those set forth in each of the items of the preceding paragraph;provided, however, that this does not apply to an act provided for in the proviso to Article 9.
(3) If the curator does not consent to an act for which the person under curatorship must obtain the curator's consent even though it is unlikely to prejudice the interests of the person under curatorship, the family court may grant permission that operates in lieu of the curator's consent at the request of the person under curatorship.
(4) An act for which the person under curatorship must obtain the curator's consent is voidable if the person performs it without obtaining the curator's consent or a permission that operates in lieu of 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.
Article 122
A voidable act may not be rescinded after the person prescribed in Article 120
ratifies it."	If a person under curatorship performs, without getting the consent, an act that requires  getting consent from his/her curator, the curator may ratify that act, but may not rescind that act.	riteval_H21_en.xml
0	H21-1-5	N	"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."	The person in question may not request a  commencement of guardianship, but he/she may request a  commencement of curatorship.	riteval_H21_en.xml
0	H21-3-1	Y	"Article 189
(1) A possessor in good faith acquires fruits derived from the thing under possession.
(2) If a possessor in good faith is defeated in an action on the title that legally supports the possession, that possessor is deemed to be a possessor in bad faith as from the time when the action is filed.
Article 190
(1) A possessor in bad faith has the obligation to return fruits, and reimburse the price of fruits that the possessor has already consumed, damaged due to negligence, or failed to collect.
(2) The provisions of the preceding paragraph apply mutatis mutandis to a person who takes possession of a thing through assault or duress or through concealment."	A possessor in good faith shall acquire fruits derived from  Thing in his/her possession , but a person in possession Thing through duress shall be obliged to return fruits, and if the fruits have already been consumed, he/she shall be obliged  to reimburse the cost of the fruits.	riteval_H21_en.xml
0	H21-3-2	Y	"Article 575
(1) If the subject matter of a sale which has not yet been delivered bears fruits, the fruits vest in the seller.
(2) The buyer bears the obligation to pay interest on the price beginning from the day of delivery;provided, however, that if a due date is provided for the payment of the price, it is not necessary to pay the interest until that due date arrives."	A seller may collect fruits until a delivery, even if the delivery of the subject matter is delayed.	riteval_H21_en.xml
0	H21-3-4	N	"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."	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.	riteval_H21_en.xml
0	H21-3-5	Y	"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."	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.	riteval_H21_en.xml
0	H21-5-3	Y	"Article 707
(1) If a person that is not an obligor has performed an obligation by mistake and the obligee, acting in good faith, has allowed the instrument to be lost, has damaged the instrument, has waived the security, or has lost the claim by prescription, the person performing the obligation may not demand the return of subject matter of the performance.
(2) The provisions of the preceding paragraph do not preclude the person performing an obligation from exercising the right to reimbursement against the obligor."	In a cases where a person who is not an obligor has performed an obligation by mistake, if the obligee  waived the security in good faith, the person that performed the obligation may not  demand return of the performance even without having been grossly negligent.	riteval_H21_en.xml
0	H21-5-4	N	"Article 119
A void act does not become effective by ratification;provided, however, that if a party ratifies an act knowing that the act is void, it is deemed that the party did a new act."	Assuming a contract is void due to a mistake, after the person making the manifestation ratifies it  knowing that such act is void, the contract shall become effective retroactively to the time of the act.	riteval_H21_en.xml
0	H21-7-5	N	"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."	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.	riteval_H21_en.xml
0	H21-8-A	N	"Article 181
Possessory rights may be acquired through an agent."	An agent may even acquire a possessory right, but since the effect of possession by the agent belongs to the principle, the agent him/herself may not acquire an individual possessory right for the thing possessed.	riteval_H21_en.xml
0	H21-8-O	Y	"Article 201
(1) An action for maintenance of possession must be filed during the obstruction or within one year after the obstruction stops;provided, however, that if the possessed thing has been damaged due to construction work and either one year has passed from the time when the construction was started or the construction has been completed, the action may not be filed.
(2) An action for preservation of possession may be filed so long as the danger of obstruction exists.In this case, the provisions of the proviso to the preceding paragraph apply mutatis mutandis if the possessed thing is likely to be damaged by the construction work.
(3) An action for recovery of possession must be filed within one year from the time when a possessor was forcibly dispossessed."	An action for recovery of possession mustl be brought within one year from the time when possession was unlawfully usurped.	riteval_H21_en.xml
0	H21-9-1	Y	"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."	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.	riteval_H21_en.xml
0	H21-9-2	Y	"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."	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.	riteval_H21_en.xml
0	H21-9-3	N	"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."	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.	riteval_H21_en.xml
0	H21-9-4	Y	"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."	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.	riteval_H21_en.xml
0	H21-10-1	Y	"Article 223
A landowner may install boundary markers, sharing the expenses with the owner of the neighboring land.
Article 224
The expenses of installation and preservation of boundary markers are borne equally by neighbors;provided, however, that measuring expenses are borne in proportion to the area of each land.
Article 229
Boundary markers, fences, walls, channels and moats installed on boundary lines are presumed to be co-owned by the neighbors."	An owner of one part of neighboring land may demand the cooperation of another owner of the land in installing boundary markers at shared cost, and the boundary markers installed as a result of that cooperation shall be presumed to be co-owned by the neighbors.	riteval_H21_en.xml
0	H21-10-2	Y	"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."	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.	riteval_H21_en.xml
0	H21-10-3	Y	"Article 209
(1) An owner of land may request the use of the neighboring land to the extent necessary for constructing or repairing walls or buildings on or in the vicinity of the boundary;provided, however, that the owner may not enter the dwelling house of the neighbor without the approval of the same.
(2) In the case referred to in the preceding paragraph, if the neighbor sustained damage, the neighbor may claim compensation."	If an owner of one part of neighboring land repairs a building on the owned land, then he/she may request the use of the neighboring land to the extent necessary for repairing the building from his/her neighbor, however he/she may not enter the dwelling house of the neighbor without the approval the same.	riteval_H21_en.xml
0	H21-10-5	Y	"Article 213
(1) If the partition of land creates a parcel of land that has no access to public roads, the owner of that parcel of land may pass to the public roads only through the lands owned by another person that participated in the partition.In this case, it is necessary to pay compensation.
(2) The provisions of the preceding paragraph apply mutatis mutandis if the owner of land transfers part of the land to another person."	In cases where person A, who owns land L, subdivides the land into land M, which is surrounded by other  land and has no access to public roads, and land N, which is not so, then sells land M to person B, person B has the right-of-way to reach public roads only regarding land N.	riteval_H21_en.xml
0	H21-12-1	Y	"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 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.	riteval_H21_en.xml
0	H21-12-2	Y	"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 right of retention is not established when a secured claim has not yet fallen due.	riteval_H21_en.xml
0	H21-12-3	Y	"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 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.	riteval_H21_en.xml
0	H21-13-A	Y	"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."	The statutory lien of a lessor of a building shall  exist with movables furnished to that building by the lessee.	riteval_H21_en.xml
0	H21-13-I	Y	"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."	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.	riteval_H21_en.xml
0	H21-13-U	N	"Article 343
A thing that cannot be transferred to another person may not be made the subject of a pledge."	Pledges cannot be created over a Thing that cannot be assigned to others.	riteval_H21_en.xml
0	H21-13-E	Y	"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."	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.	riteval_H21_en.xml
0	H21-13-O	N	"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 pledgee and a pledgor may not agree to the pledgee's acquisition of the Thing pledged as performance for obligations, even after the due dates for performance of his/her obligations secured by the pledge.	riteval_H21_en.xml
0	H21-15-3	Y	"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 a building owned by person A is built on land owned by person A, and then after a mortgage is created as a joint mortgage for person B with respect to  the building and the land, the result of the execution of the mortgage with respect to the land only is that person C became the land owner, then statutory superficies with respect to the building on the land will be established.	riteval_H21_en.xml
0	H21-19-A	Y	"Article 447
(1) The guarantee obligation includes interest, penalty and compensation for loss or damage in connection with the principal obligation, and all other charges secondary to that obligation.
(2) A guarantor may stipulate the amount of penalty or compensation for loss or damage with regard to the guarantor's own guarantee obligation only."	Assuming that a recovery obligation due to cancellation is understood as a different l obligation that is not identical to the original obligation, whenever it is considered whether or not the recovery obligation due to contract cancellation being included in the scope of the guarantee obligation is a problem in the interpretation of intention of the party in the guarantee contract, the guarantor for the seller in a sales contract for specified Thing may be understood to bear responsibility for the guarantee even for the recovery obligation in cases where the contract is cancelled due to default by the seller.	riteval_H21_en.xml
0	H21-19-I	Y	"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."	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.	riteval_H21_en.xml
0	H21-19-U	N	"Article 457
(1) The postponement of expiry of prescription period and the renewal of prescription period due to grounds such as a request for performance in relation to the principal obligor are also effective in relation to the guarantor.
(2) A guarantor may assert against the obligee a defense that can be raised by the principal obligor.
(3) If the principal obligor has a right to set-off, right to rescind or right to cancel against the obligee, the guarantor may refuse to perform the obligation to the obligee to the extent that the principal obligor should have been released from the obligation by exercising these rights."	"Regarding the provision in the Civil Code that states, ""a guarantor may raise a defense vis-a-vis the obligee by setting off any claim which the principal obligor may have vis-a-vis the obligee"", when considering that the guarantor is given the authority to set off any claim that the principal obligor has, the guarantor will be understood to have the right of affirmative defense that refuses the performance of the guarantee obligation for the corresponding amount."	riteval_H21_en.xml
0	H21-19-E	N	"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."	In cases where a guarantor has given a guarantee as entrusted by the principal obligor, if he/she had a judgment ordering him/her to perform the obligation to the obligee, or has performed the obligation on behalf of  the principal obligor, or has otherwise in exchange for his/her own property performed any other act intended to cause the obligation to be extinguished, as long as the guarantor has not been negligent at any time whatsoever, that guarantor has a right to indemnification against the principal debtor.	riteval_H21_en.xml
0	H21-20-2	Y	"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."	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.	riteval_H21_en.xml
0	H21-20-4	N	"Article 468
(1) An obligor may duly assert against the assignee any event that has taken place with regard to the assignor by the time of completion of the perfection.
(2) For the purpose of the application of the provisions of the preceding paragraph in the case referred to in Article 466, paragraph (4), the phrase ""at the time of the completion of the perfection"" in that paragraph is deemed to be replaced with ""at the time when a reasonable period of time referred to in Article 466, paragraph (4) has elapsed""; and to apply the provisions of that paragraph in the case referred to in Article 466-3, the phrase ""at the time of the completion of the perfection"" in that paragraph is deemed to be replaced with ""at the time when the obligor receives a request from the assignee referred to in Article 466-3 to make a deposit with an official depository pursuant to the provisions of that Article""."	If an obligor has given an acknowledgement without objection  to the assignor of a claim, even if the claim was satisfied, he/she may not refuse the performance of the obligation vis-a-vis the assignee, but may demand the return of the payment money vis-a-vis the assignor.	riteval_H21_en.xml
0	H21-21-1	N	"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."	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.	riteval_H21_en.xml
0	H21-21-3	N	"Article 487
If there is an instrument evidencing a claim and the person making the performance has made full performance, that person may demand the return of the instrument."	In cases where there is any instrument which evidences the claim for wages, the borrower may assert the fact that he/she will make a payment by returning and exchanging the instrument when attempting to make the performance has completed his/her entire performance.	riteval_H21_en.xml
0	H21-21-4	N	"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."	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.	riteval_H21_en.xml
0	H21-21-5	N	"Article 485
Unless a particular intention is manifested with respect to the expenses of performance, those expenses are borne by the obligor;provided, however, that if the obligee caused the expenses of performance to increase by relocating the domicile thereof or taking any other act, the amount of increase due to this is borne by the obligee."	Unless  any other intention is manifested with respect to the expense of performance, such expenses shall be borne by the obligee, but in cases the relevant obligor caused the expense of performance to increase by relocating his/her domicile or taking any other acrtions, such incremental amount shall be borne by the  obligor.	riteval_H21_en.xml
0	H21-22-5	N	"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."	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.	riteval_H21_en.xml
0	H21-24-A	Y	"Article 550
Gifts not in writing may be cancelled by either party;provided, however, that this does not apply to a portion of the gift for which performance has been completed."	Either the donor or the donee may revoke gifts not in writing. However, that this shall not apply for any portion of the gift for which performance has been completed.	riteval_H21_en.xml
0	H21-24-I	N	"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."	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.	riteval_H21_en.xml
0	H21-24-E	Y	"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."	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.	riteval_H21_en.xml
0	H21-24-O	N	"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."	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.	riteval_H21_en.xml
0	H21-25-3	N	"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."	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.	riteval_H21_en.xml
0	H21-25-4	Y	"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."	A third party who has no interest in an obligation may not perform the obligation against the will of the obligor.	riteval_H21_en.xml
0	H21-25-5	N	"Article 462
(1) The provisions of Article 459-2, paragraph (1) apply mutatis mutandis if a person, that has given guarantee without the request of the principal obligor, performs an act for extinguishment of obligation.
(2) A person that has become a guarantor against the will of the principal obligor has the right to reimbursement only to the extent currently enriched.In this case, if the principal obligor asserts to have grounds for set-off against the obligee prior to the day of the demand for reimbursement, the guarantor may demand that the obligee perform the obligation which would have been extinguished by that set-off.
(3) The provisions of Article 459-2, paragraph (3) apply mutatis mutandis to the exercise of the right to reimbursement if the guarantor referred to in the preceding two paragraphs performs an act for extinguishment of obligation before the due date of the principal obligation."	A third party who has no interest in an obligation may not guarantee an obligation against the will of the obligor.	riteval_H21_en.xml
0	H21-26-A	Y	"Article 541
If one of the parties does not perform that party's obligation, and the other party demands performance of that obligation, specifying a reasonable period of time, but no performance is completed during that period, the other party may cancel the contract;provided, however, that this does not apply if the non-performance of the obligations upon the passage of the period is minor in light of the contract and the common sense in the transaction.
Article 542
(1) In the following cases, the obligee may immediately cancel the contract without making the demand referred to in the preceding Article:
(i) if the performance of the whole of the obligation is impossible;
(ii) if the obligor unequivocally manifests the intention to refuse to perform the obligation in whole;
(iii) if the performance of part of the obligation is impossible, or if the obligor clearly manifests the intention to refuse to perform part of the obligation and the purpose of the contract cannot be achieved by the performance of the remaining part of the obligation;
(iv) if, due to the nature of the contract or a manifestation of intention by the parties, the purpose of the contract cannot be achieved unless the obligation is performed at a specific time on a specific date or within a certain period of time, and the obligor fails to perform the obligation at that time or before that period of time expires; or
(v) beyond the cases set forth in the preceding items, if the obligor does not perform the obligation and it is obvious that the obligor is unlikely to perform the obligation to the extent necessary to achieve the purpose of the contract even if the obligee makes the demand referred to in the preceding Article.
(2) In the following cases, the obligee may immediately cancel a part of the contract without making the demand referred to in the preceding Article:
(i) the performance of the part of the obligation is impossible; or
(ii) the obligor clearly manifests the intention to refuse to perform the part of the obligation.
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 564
The provisions of the preceding two Articles do not preclude the buyer from claiming compensation for loss or damage pursuant to the provisions of Article 415
or exercising the right to cancel pursuant to the provisions of Articles 541 and 542."	If a building that is the subject matter of a job in a building contract has any defect, and  the purpose of the contract cannot be achieved because of the defect, the party ordering the work may cancel the contract for that reason.	riteval_H21_en.xml
0	H21-26-U	Y	"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."	The cancellation of a partnership contract  shall solely become effective toward the future.	riteval_H21_en.xml
0	H21-26-O	N	"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."	If after a sales contract for moveables is entered and a portion of the purchase price is paid, the sales contract is cancelled due to default of the seller, then he/she bears an obligation to compensate the buyer for damages, but in returning the portion of the purchase price that was received, there is no need to add interest from the time of that receipt of those moneys.	riteval_H21_en.xml
0	H21-27-O	N	"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."	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.	riteval_H21_en.xml
0	H21-29-A	Y	"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."	Provisions for statutory liens for real property construction are established in the Civil Code.	riteval_H21_en.xml
0	H20-2-A	N	"Article 102
An act that a person with qualified legal capacity performs as an agent of another person may not be rescinded on the grounds of qualified legal capacity;provided, however, that this does not apply to an act performed by a person with qualified legal capacity as a legal representative of another person with qualified legal capacity."	A minor may not be an agent.	riteval_H20_en.xml
0	H20-2-O	Y	"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)."	Assuming a person is a minor, then in regards a permitted, specific business, he/she has the legal capacity to act.	riteval_H20_en.xml
0	H20-3-2	Y	"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."	An  act of paying electricity charges by adult ward without obtaining the consent of his/her guardian is not voidable.	riteval_H20_en.xml
0	H20-3-3	Y	"Article 13
(1) A person under curatorship must obtain the consent of the curator in order to perform any of the following acts;provided, however, that this does not apply to an act provided for in the proviso of Article 9:
(i) receiving or using any property producing civil fruit;
(ii) borrowing money or guaranteeing an obligation;
(iii) performing an act with the purpose of acquiring or losing any right regarding immovables or other significant property;
(iv) suing any procedural act;
(v) giving a gift, reaching a settlement, or entering into an arbitration agreement (meaning an arbitration agreement as provided in Article 2, paragraph (1) of the Arbitration Act (Act No. 138 of 2003));
(vi) accepting or renouncing a succession or dividing an estate;
(vii) refusing an offer of a gift, renouncing a legacy, accepting an offer of gift with burden, or accepting a legacy with burden;
(viii) constructing a new building, renovating, expanding, or undertaking major repairs;
(ix) granting a lease for a term that exceeds the period set forth in Article 602; or
(x) performing any of the acts set forth in the preceding items as a legal representative of a person with qualified legal capacity (meaning a minor, adult ward, or person under curatorship or a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1); the same applies hereinafter).
(2) At the request of a person as referred to in the main clause of Article 11
or the curator or curator's supervisor, the family court may decide that the person under curatorship must also obtain the consent of the curator before performing an act other than those set forth in each of the items of the preceding paragraph;provided, however, that this does not apply to an act provided for in the proviso to Article 9.
(3) If the curator does not consent to an act for which the person under curatorship must obtain the curator's consent even though it is unlikely to prejudice the interests of the person under curatorship, the family court may grant permission that operates in lieu of the curator's consent at the request of the person under curatorship.
(4) An act for which the person under curatorship must obtain the curator's consent is voidable if the person performs it without obtaining the curator's consent or a permission that operates in lieu of it."	A person under curatorship's act of accepting payment for a loan without obtaining the consent of his/her curator's  is voidable.	riteval_H20_en.xml
0	H20-3-5	N	"Article 20
(1) After a person with qualified legal capacity who is involved in dealings with another party becomes a person with the legal capacity to act (meaning a person whose legal capacity to act is not subject to restrictions; the same applies hereinafter), the other party to those dealings may fix a period of one month or longer and demand that the person give a definite answer within that period of time as to whether the person will ratify an act that the person may rescind. In such a case, if the person fails to send a definite answer within that period of time, the person is deemed to have ratified that act.
(2) The second sentence of the preceding paragraph also applies if, before the person with qualified legal capacity becomes a person with the legal capacity to act, the other party to dealings involving the person with qualified legal capacity lodges the demand prescribed in the preceding paragraph with the legal representative, curator, or assistant of that person with respect to an act within the scope of their authority, and they fail to send a definite answer within the fixed period of time referred to in that paragraph.
(3) If a person does not send notice within the period of time set forth in the preceding two paragraphs indicating that the person has completed any special formalities that an act requires, the person is deemed to have rescinded that act.
(4) The other party to dealings involving a person with qualified legal capacity may lodge a demand with a person under curatorship or with a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1) to demand that the person get the curator or assistant to ratify an act within the fixed period referred to in paragraph (1). In such a case, if the person under curatorship or person under assistance does not send notice within that period indicating that the person has gotten the curator or assistant to ratify the act in question, the person is deemed to have rescinded that act."	If a person under curatorship commits a voidable act, the counterparty of that act may issue a notice to any person under curatorship which demands that he/she should obtain the ratification of his/her curator, but may not directly issue the notice to the curator which demands a response of whether or not the curator has ratified.	riteval_H20_en.xml
0	H20-6-2	Y	"Article 108
(1) An act that a person performs as an agent of the counterparty or as agent of both parties for the same juridical act is deemed to be an act performed by a person without authority to represent;provided, however, that this does not apply to the performance of an obligation or to an act authorized by the principal in advance.
(2) Beyond what is provided for in the main clause of the preceding paragraph, an act for which the interest of the agent conflicts with the interest of the principal is deemed to be an act performed by a person without authority to represent;provided, however, that this does not apply to an act authorized by the principal in advance.
Article 113
(1) A contract concluded by a person who acts as the agent of another person but has no authority to represent does not bind the principal unless the principal ratifies it.
(2) The ratification or refusal to ratify may not be duly asserted against the counterparty unless it is made to that counterparty;provided, however, that this does not apply if the counterparty has come to know the ratification or refusal to ratify."	A self-contract and representation of both parties shall not produce an effect as a general rule, excluding acts of performance of any obligation and acts authorized by principle in advance, but since it is a system made to protect the principle, he/she may make it valid if he/she ratifies it as an act of unauthorized agency.	riteval_H20_en.xml
0	H20-6-5	Y	"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 106
(1) A subagent represents the principal with respect to acts within the scope of the authority thereof.
(2) A subagent has the same rights and obligations as an agent in relation to the principal and third parties within the scope of that subagent's authority."	A subagent's acts are equivalent to an agent's acts because he/she does not act in agency for the agent, but in agency for the priciple, so it is sufficient if he/she indicates that his/her acts are made on behalf of the principle.	riteval_H20_en.xml
0	H20-12-1	N	"Article 300
The exercise of a right of retention does not preclude the running of extinctive prescription of claims.
Article 350
The provisions of Articles 296 through 300 and those of Article 304
apply mutatis mutandis to pledges."	Even while a holder of a right of retention continually possesses the retained object, extinctive prescription progresses for that secured claim, but if the pledgee continually possesses the Thing pledged, then the extinctive prescription for that secured claim may be interrupted.	riteval_H20_en.xml
0	H20-12-2	N	"Article 345
A pledgee may not allow a pledgor to possess the thing pledged on behalf of the pledgee."	Since a pledge differs from a right of retention as a right to contracted collateral, if there is a contract, then a pledge may be established by a person acting as an agent allowing the pledgor to possess the collateral.	riteval_H20_en.xml
0	H20-12-4	Y	"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.
Article 301
An obligor may demand that a right of retention be terminated by providing a reasonable security.
Article 350
The provisions of Articles 296 through 300 and those of Article 304
apply mutatis mutandis to pledges."	A right of retention and a pledge do not expire by just satisfying his/her a portion of the secured claim due to their indivisibility, but for a right of retention, the obligor may demand the expiration of the right by offering appropriate collateral.	riteval_H20_en.xml
0	H20-12-5	Y	"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."	If a holder of a right of retention has consent of the obligor, or if a pledgee has consent of the pledgor, then they each may lease any collateral.	riteval_H20_en.xml
0	H20-15-A	Y	"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."	A pledgee must possess a pledged Thing with the  care of a good manager.	riteval_H20_en.xml
0	H20-15-I	N	"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."	A gratuitous depositary shall assume the duty to retain the Thing deposited  with the care of a good manager.	riteval_H20_en.xml
0	H20-18-A	Y	"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."	No contract of guarantee shall be effective unless it is made in writing, but when it is concluded with an electromagnetic record,  it is deemed to be made in writing.	riteval_H20_en.xml
0	H20-18-U	Y	"Article 447
(1) The guarantee obligation includes interest, penalty and compensation for loss or damage in connection with the principal obligation, and all other charges secondary to that obligation.
(2) A guarantor may stipulate the amount of penalty or compensation for loss or damage with regard to the guarantor's own guarantee obligation only."	If a guarantor contracted a penalty for guaranteed debt with an obligee, the guarantor's burden may become heavier due to the burden of the principal obligor.	riteval_H20_en.xml
0	H20-18-E	Y	"Article 460
If a guarantor has given a guarantee as requested by the principal obligor, the guarantor may exercise in advance the right to reimbursement against the principal obligor if:
(i) the principal obligor is subject to an order commencing bankruptcy proceeding, and the obligee does not participate in the distribution of the bankruptcy estate;
(ii) the obligation is due;provided, however, that no extension of time granted by the obligee to the principal obligor after the conclusion of the guarantee contract may be duly asserted against the guarantor; and
(iii) the guarantor is, without negligence, rendered a judicial decision ordering the guarantor to perform the obligation to the obligee."	When the principal obligation has fallen due, a person that made a guarantee after receiving consignment of the principal obligor may exercise the right to obtain reimbursement vis-a-vis the principal obligor even before making his/her own payment.	riteval_H20_en.xml
0	H20-18-O	N	"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."	When a maximum amount is not stipulated in a contract of revolving guarantee between juridicial persons that will take on obligation of a monetary loan as their primary obligation, that contract of revolving guarantee shall not become effective.	riteval_H20_en.xml
0	H20-19-A	Y	"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."	Performance deposit may be done when the obligee refuses the receipt of performance when the obligee is unable to accept the performance, or when the obligor is unable to ascertain the obligee without any negligence on the part of the performer.	riteval_H20_en.xml
0	H20-19-I	N	"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."	Obligation for which performance deposit is made shall expire when the obligee receives the thing deposited.	riteval_H20_en.xml
0	H20-19-U	N	"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."	The obligor may not recover the deposited property without consent of the obligee after performing performance deposit.	riteval_H20_en.xml
0	H20-19-E	Y	"Article 495
(1) The deposit under the provisions of the preceding Article must be made with the official depository having jurisdiction over the place where the relevant obligation is performed.
(2) If there is no specific provision in laws and regulations with respect to the official depository, the court, at the request of the performer, must designate the depository and appoint a custodian of the thing to be deposited.
(3) A person that has effected a deposit pursuant to the provisions of the preceding Article must notify the obligee of the deposit without delay."	To use money or documents of title for performance deposit, they shall be put in the official depository of the place of performance of the obligation.	riteval_H20_en.xml
0	H20-19-O	N	"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 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 person other than the obligor may not do performance deposit.	riteval_H20_en.xml
0	H20-22-1	Y	"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.
Article 560
The seller bears an obligation to enable the buyer to satisfy the requirements for perfection of the transfer of the right that is the subject matter of the sale, such as completing registration."	The plaintiff must assert that he/she entered into a sales contract with the defendant as the cause for action, but does not need to assert that he/she owned the subject matter of the sales contract when he/she entered into it.	riteval_H20_en.xml
0	H20-23-5	Y	"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."	A quasi-loan contract shall not become effective when old obligation as its subject matter does not exist.	riteval_H20_en.xml
0	H20-24-5	Y	"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."	When a lessee of a building repaired a leak in the roof at his/her own expense that the lessor should repair, he/she may immediately demand reimbursement of the entire amount of the repair expenses from the lessor.	riteval_H20_en.xml
0	H20-26-1	Y	"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."	An employment contract is a contract for value, and the timing of payment of remuneration shall be deferred payment in principle, but a special provision for advance payment may be entered.	riteval_H20_en.xml
0	H20-26-2	N	"Article 632
A contract for work become effective when one of the parties promises to complete work and the other party promises to pay remuneration for the outcome of the work.
Article 633
Remuneration must be paid simultaneously with delivery of the subject matter of work performed;provided, however, that if no delivery of a thing is required, the provisions of Article 624, paragraph (1) apply mutatis mutandis.
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 contract for work is a contract for value, and when there is a need to transfer the subject matter, the renumeration must be paid simultaneously with delivery, and when there is no need to deliver a thing, it must be paid simultaneously with the completion of work.	riteval_H20_en.xml
0	H20-26-3	Y	"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."	A mandate contract is gratuitous contract in principle, but if there is a special provision,  the mandatary may demand renumeration from the mandator.	riteval_H20_en.xml
0	H20-26-5	Y	"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 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."	A worker has a statutory lien for the general assets of an employer as collateral for the claim to renumeration that he/she has.	riteval_H20_en.xml
0	H20-27-A	N	"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."	If the execution of business for a partnership is mandated, the operating officers shall be selected from among the partners.	riteval_H20_en.xml
0	H20-27-I	Y	"Article 679
Beyond the cases referred to in the preceding Article, partners withdraw on the following grounds:
(i) the partner dies;
(ii) the partner is subject to an order commencing bankruptcy proceeding;
(iii) the partner is subject to a decision for the commencement of guardianship;
(iv) the partner has been expelled.
Article 681
(1) Accounts as between the withdrawing partner and other partners must be settled according to the status of the partnership property as at the time of the withdrawal.
(2) The interest of the withdrawing partner may be refunded in money, regardless of the kind of the withdrawing partner's contribution.
(3) With respect to any matter not yet completed at the time of the withdrawal, accounts may be made up subsequent to the completion of that matter."	A partner may receive a refund of his/her share assuming he/she was expelled.	riteval_H20_en.xml
0	H20-27-U	N	"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."	Partners bear the the responsibility for the performance of obligation jointly and mutually vis-a-vis the partnership's obligees.	riteval_H20_en.xml
0	H20-27-E	N	"Article 679
Beyond the cases referred to in the preceding Article, partners withdraw on the following grounds:
(i) the partner dies;
(ii) the partner is subject to an order commencing bankruptcy proceeding;
(iii) the partner is subject to a decision for the commencement of guardianship;
(iv) the partner has been expelled."	If a partner dies, his/her heir shall assume his/her position.	riteval_H20_en.xml
0	H20-27-O	Y	"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."	A partner may not demand the division of partnership property before liquidation, and even if a partner disposes his/her share with respect to the partnership, the disposal may not be asserted against  the partnership in his/her appropriation.	riteval_H20_en.xml
0	H20-28-A	Y	"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."	If a plaintiff files against a person with the legal obligation to supervise a person without capacity to assume liability as a defendant, and demands compensation of damages based on the liability of the person with the obligation to supervise a person without capacity to assume liability in Civil Code Article 714, Paragraph 1, the defendant may assert that he/she did not neglect his/her obligation to supervise as an affirmative defense.	riteval_H20_en.xml
0	H20-28-I	N	"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."	If a plaintiff files against a person with the legal obligation to supervise a person without capacity to assume liability as a defendant, and demands compensation of damages based on the liability of the person with the obligation to supervise a person without capacity to assume liability in Civil Code Article 714, Paragraph 1, the defendant may assert that an agent supervisor was there in addition to the person with the obligation to supervise as an affirmative defense.	riteval_H20_en.xml
0	H20-28-U	Y	"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."	If a plaintiff files against the employer of person A as the defendant on grounds that pressupose the establishment of liability by person A's tortious act, and demands compensation of damages based on the liability of the employer in Civil Code Article 715, Paragraph 1, the defendant may assert that he/she exhausted his/her duty of care as deemed appropriate for the assigned supervision of person A as an affirmative defense.	riteval_H20_en.xml
0	H20-28-E	Y	"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."	If a plaintiff files against an agent supervisor of person A as a defendant on grounds that presuppose the establishment of liability by person A's tortious acts, and demands compensation of damages based on the liability of the agent supervisor in Civil Code Article 715, Paragraph 2, the defendant may assert that even by exercising his/her duty of reasonable care for the assigned supervision of person A, he/she could not have been avoided person A's creation of an injurious act as an affirmative defense.	riteval_H20_en.xml
0	H20-28-O	N	"Article 717
(1) If a defect in the installation or preservation of a structure on land causes damage to another person, the possessor of that structure is liable to the person incurring damage to compensate for the damage;provided, however, that if the possessor has exercised the necessary care to prevent the damage, the owner must compensate for the damage.
(2) The provisions of the preceding paragraph apply mutatis mutandis if there is a defect in the planting or supporting of bamboo or trees.
(3) In the cases referred to in the preceding two paragraphs, if there is another person that is liable for the cause of the damage, the possessor or owner may exercise their right to reimbursement against that person."	If a plaintiff files against a land owner as a defendant, and demands compensation of damages based on the liability of owner of structure on land proviso in Civil Code Article 717, Paragraph 1, the defendant may not assert that he/she exercised his/her required duty of care in order to prevent the occurrence of the results as an affirmative defense, but he/she may assert his/her own doli incapax as an affirmative defense.	riteval_H20_en.xml
0	H20-30-I	N	"Article 93
(1) The validity of a manifestation of intention is not impaired even if the person making it does so while knowing that it does not reflect that person's true intention;provided, however, that if the other party knew or could have known that the manifestation was not the true intention of the person who made it, that manifestation of intention is void.
(2) The nullity of a manifestation of intention under the provisions of the proviso to the preceding paragraph may not be duly asserted against a third party in good faith."	In the case of concealment of true intention, assuming the other party was unaware of the true intention of the party making the manifestation, and there was no gross negligence regarding that lack of knowledge, that manifestation of intention shall be valid.	riteval_H20_en.xml
0	H20-30-O	N	"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."	Any performance made vis-a-vis a quasi-possessor of a claim is effective when the performer acts without knowledge, and is free from any negligence.	riteval_H20_en.xml
0	H22-1-A	Y	"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."	A minor can freely dispose of assets the statutory agent permits the disposition without specifying the purpose.	riteval_H22_en.xml
0	H22-1-I	N	"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."	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.	riteval_H22_en.xml
0	H22-3-A	N	"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 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.	riteval_H22_en.xml
0	H22-3-E	N	"Article 125
If, at or after the time when it becomes possible to ratify an act, any of the following facts occur with respect to a voidable act, it is deemed that the act has been ratified;provided, however, that this does not apply if an objection is reserved:
(i) full or partial performance;
(ii) request for the performance;
(iii) novation;
(iv) provision of a security;
(v) assignment of a part of or the whole of a right acquired by the voidable act; or
(vi) compulsory execution."	Even when a person, who carries a purchase-money obligation due to the sale of real property, while a minor pays the purchase money after becoming an adult, the person can rescind the sale with the reason of being a minor at the time of the sale.	riteval_H22_en.xml
0	H22-4-A	N	"Article 20
(1) After a person with qualified legal capacity who is involved in dealings with another party becomes a person with the legal capacity to act (meaning a person whose legal capacity to act is not subject to restrictions; the same applies hereinafter), the other party to those dealings may fix a period of one month or longer and demand that the person give a definite answer within that period of time as to whether the person will ratify an act that the person may rescind. In such a case, if the person fails to send a definite answer within that period of time, the person is deemed to have ratified that act.
(2) The second sentence of the preceding paragraph also applies if, before the person with qualified legal capacity becomes a person with the legal capacity to act, the other party to dealings involving the person with qualified legal capacity lodges the demand prescribed in the preceding paragraph with the legal representative, curator, or assistant of that person with respect to an act within the scope of their authority, and they fail to send a definite answer within the fixed period of time referred to in that paragraph.
(3) If a person does not send notice within the period of time set forth in the preceding two paragraphs indicating that the person has completed any special formalities that an act requires, the person is deemed to have rescinded that act.
(4) The other party to dealings involving a person with qualified legal capacity may lodge a demand with a person under curatorship or with a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1) to demand that the person get the curator or assistant to ratify an act within the fixed period referred to in paragraph (1). In such a case, if the person under curatorship or person under assistance does not send notice within that period indicating that the person has gotten the curator or assistant to ratify the act in question, the person is deemed to have rescinded that act."	For a contract executed by a person under curatorship, although the other party issue a notice to the person under curatorship which demands, by establishing a certain period which is one month or more, that he/she should obtain the ratification of his/her curator , the person under curatorship fails to issue, within the applicable period, from that point on, that other party cannot rescind the contract for the reason that the contract was executed by the person under curatorship.	riteval_H22_en.xml
0	H22-4-I	Y	"Article 556
(1) An option contract for a purchase and sale made by one party becomes effective when the other party manifests the intention to complete the purchase and sale.
(2) If no period is provided in relation to the manifestation of intention referred to in the preceding paragraph, the party to the option contact may issue a notice of demand to the other party, specifying a reasonable period of time, to the effect that the other party is to give a definite answer as to whether or not that party will complete the sale within that period. In such cases, if the other party fails to give a definite answer within that period, the option contract for a purchase and sale by one party ceases to be effective."	If no period is provided in relation to the manifestation of intention for a completion in a pre-contract to sell or purchase, regardless of whether or not the party to the pre contract issued a notice of demand to the other party, specifying a reasonable period, for the other party is to give a definite answer as to whether or not he or she would complete the sale, if no definite answer has been given, the party to the pre contract cannot demand execution of the contract of sale to the other party.	riteval_H22_en.xml
0	H22-4-E	N	"Article 114
In the case referred to in the preceding Article, the counterparty may demand, by specifying a reasonable period of time, that the principal give a definite answer on whether or not the principal will ratify within that period of time.In this case, if the principal fails to give a definite answer within that period, the principal is deemed to have refused to ratify."	For a contract completed by an unauthorized agent, regardless of the fact that the counterparty requires the principal, by fixing a reasonable period of time, to make a definite answer on whether or not he/she will ratify within such period of time , if no definite answer has been given, the other party can demand execution of the contract to the principal.	riteval_H22_en.xml
0	H22-5-I	N	"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."	A time limit can be added to the manifestation of intention of offset, but conditions cannot be added.	riteval_H22_en.xml
0	H22-5-U	Y	"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."	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.	riteval_H22_en.xml
0	H22-5-O	Y	"Article 134
A juridical act subject to a condition precedent is void if the condition is dependent only upon the intention of the obligor."	A juristic act which is subject to a condition precedent is void if the condition is dependent on  the willof the obligor.	riteval_H22_en.xml
0	H22-8-I	N	"Article 233
(1) If a tree or bamboo branch from neighboring land crosses a boundary line, the landowner may have the owner of that tree or bamboo sever that branch.
(2) If a tree or bamboo root from neighboring land crosses a boundary line, the owner of the land may sever that root."	When a tree or bamboo branch from neighboring land cross a boundary line, the person can remove the branch him or herself, but cannot have the owner of that tree or bamboosever the branch.	riteval_H22_en.xml
0	H22-9-I	Y	"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."	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.	riteval_H22_en.xml
0	H22-9-O	N	"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."	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.	riteval_H22_en.xml
0	H22-10-O	N	"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."	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.	riteval_H22_en.xml
0	H22-11-1	Y	"Article 348
The pledgee may subpledge the thing pledged within the duration of the pledgee's right, upon the pledgee's own responsibility.In this case, the pledgee is responsible for any loss arising from the subpledge even if the same is caused by force majeure."	A pledgee can sub-pledge a Thing pledged without the approval of the owner of the Thing pledged.	riteval_H22_en.xml
0	H22-11-2	N	"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."	Pledges on movable property do not take effect if there is no delivery, and thus, for that movable, multiple pledges cannot be created.	riteval_H22_en.xml
0	H22-11-5	N	"Article 353
A pledgee of movables may, if the pledged thing is usurped, recover the same solely by filing an action for recovery of possession."	If the possession of the pledgee of a pledge on movable property is stolen by a third party, the pledgee can demand the return based on the pledge.	riteval_H22_en.xml
0	H22-14-A	N	"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."	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.	riteval_H22_en.xml
0	H22-14-I	Y	"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."	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.	riteval_H22_en.xml
0	H22-14-E	N	"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."	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.	riteval_H22_en.xml
0	H22-14-O	N	"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."	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.	riteval_H22_en.xml
0	H22-15-A	N	"Article 91
If a party to a juridical act manifests an intention that is inconsistent with the provisions of laws and regulations that are not related to public policy, that intention prevails."	In cases where an obligor does not perform an obligation, the agreement of the parties involved that the obligee	riteval_H22_en.xml
0	H22-15-U	Y	"Article 677
A partner's creditor may not exercise the rights of that creditor against the partnership property."	An obligor of a partnership cannot set off his/her obligation against his/her claim against the partners.	riteval_H22_en.xml
0	H22-17-4	Y	"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."	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.	riteval_H22_en.xml
0	H22-18-I	Y	"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."	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.	riteval_H22_en.xml
0	H22-19-A	Y	"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 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.	riteval_H22_en.xml
0	H22-19-O	Y	"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."	If the assignee of a claim demands the obligor to execute the assignment of the claim, in order for the obligor to refuse this, he/she is not required to demonstrate proof that there was no notification or consent regarding the claim assignment.	riteval_H22_en.xml
0	H22-21-2	Y	"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 the obligor of a monetary debt brings cash to the address of the obligee and demands acceptance, in cases where the obligee refuses to accept, even if the cash is not presented in front of the obligee, the provision is deemed as actual.	riteval_H22_en.xml
0	H22-21-4	Y	"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."	In cases where the obligor of a monetary debt provides actual performance on the time of performance, but the obligee refuses to accept the performance, the obligor does not carry the duty to pay delinquent charges after the provision.	riteval_H22_en.xml
0	H22-22-2	Y	"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 a gift of the specified thing is made without the donee bearing the responsibility, if the donor made the gift without knowing that the subject matter has a defect, the donor shall not assume a warranty for the defect.	riteval_H22_en.xml
0	H22-23-A	N	"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."	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.	riteval_H22_en.xml
0	H22-23-E	N	"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."	A lease without a specified term can be requested to be terminated at any time, and doing this will terminate the lease immediately.	riteval_H22_en.xml
0	H22-23-O	Y	"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."	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.	riteval_H22_en.xml
0	H22-25-3	Y	"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.
Article 533
A party to a bilateral contract may refuse to perform that party's own obligation until the other party tenders the performance of that other party's obligation (including the performance of an obligation to compensate for loss or damage in lieu of the performance of an obligation);provided, however, that this does not apply if the obligation of the other party is not yet due."	In cases where the contractor demands the party ordering work to provide remuneration, if there is any defect in the subject matter of work performed, and the party ordering work demands that the contractor repair the defect, the party ordering work can refuse to pay remuneration.	riteval_H22_en.xml
0	H22-26-A	N	"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."	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.	riteval_H22_en.xml
0	H22-26-I	Y	"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."	If the mandatary has incurred costs found to be necessary for the administration of the mandated business, the mandatary can claim the  reimbursement of those costs from the mandator and any interest on the same from the day the costs were incurred.	riteval_H22_en.xml
0	H22-26-U	N	"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."	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.	riteval_H22_en.xml
0	H22-26-E	Y	"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."	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.	riteval_H22_en.xml
0	H22-27-1	N	"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."	In a lawsuit demanding the payment of purchase money based on a contract of sale of real property, proof must be demonstrated with objects of the claim of the conclusion of the contract of the sale and the determination of the time of performance of the monetary claim.	riteval_H22_en.xml
0	H22-27-2	N	"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."	In a lawsuit demanding the delivery of a subject matter based on a contract of sale of real property, proof must be demonstrated with objects of the claim that the contract of sale was concluded and the ownership of the subject matter was attributed to the seller at the time of the conclusion of the contract.	riteval_H22_en.xml
0	H22-27-3	Y	"Article 601
A lease becomes effective if one of the parties promises to make a certain thing available for the other party to use and make profit, and the other party promises to pay rent for the leased thing and return the delivered thing when the contract is terminated."	In a lawsuit demanding the return of a subject matter based on the completion of a lease contract of movables, proof must be demonstrated with objects of the claim of the conclusion of the lease contract, the delivery of the subject matter based on the contract, and the facts that prove the completion of the lease contract.	riteval_H22_en.xml
0	H22-27-4	N	"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."	In a lawsuit demanding the advance payment of costs by a mandatary based on the contract of mandate, proof must be demonstrated with objects of the claim of the conclusion of the contract of mandate and the determination of remuneration.	riteval_H22_en.xml
0	H22-27-5	N	"Article 632
A contract for work become effective when one of the parties promises to complete work and the other party promises to pay remuneration for the outcome of the work.
Article 633
Remuneration must be paid simultaneously with delivery of the subject matter of work performed;provided, however, that if no delivery of a thing is required, the provisions of Article 624, paragraph (1) apply mutatis mutandis."	In a lawsuit demanding the payment of remuneration based on a contract for work, proof must be demonstrated with objects of the claim that the contract for work has been concluded and, if the delivery of the subject matter of work is required, that this has been delivered.	riteval_H22_en.xml
0	H22-28-1	Y	"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."	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.	riteval_H22_en.xml
0	H22-28-2	N	"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."	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.	riteval_H22_en.xml
0	H22-28-3	N	"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."	In cases where an obligor mistakenly believes that a time of performance has arrived due to a mistake and has tended anything as  performance of his/her own obligation that has not yet fallen due , the obligor cannot demand the return of the thing tendered.	riteval_H22_en.xml
0	H22-28-4	N	"Article 707
(1) If a person that is not an obligor has performed an obligation by mistake and the obligee, acting in good faith, has allowed the instrument to be lost, has damaged the instrument, has waived the security, or has lost the claim by prescription, the person performing the obligation may not demand the return of subject matter of the performance.
(2) The provisions of the preceding paragraph do not preclude the person performing an obligation from exercising the right to reimbursement against the obligor."	Performance by a third party is also effective, and thus even if the an obligation of another person has been performed by mistake, the person who made the performance cannot demand the return of the performance to the obligee.	riteval_H22_en.xml
0	H23-1-2	N	"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 cases where duress was induced by a third party, if the counterparty of the manifestation of intention does not know of that fact, the person who makes the manifestation cannot rescind the manifestation of intention.	riteval_H23_en.xml
0	H23-1-3	N	"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 709
A person that has intentionally or negligently infringed the rights or legally protected interests of another person is liable to compensate for damage resulting in consequence."	In cases where the person who makes the manifestation believes a fictitious explanation of the counterparty and makes a manifestation of intention, if there was no intention of fraud for the counterparty, the person who makes the manifestation will not be rescued under Civil Code.	riteval_H23_en.xml
0	H23-1-4	Y	"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 cases where the person who makes the manifestation forms a contract based on the fraud of the other person, even if the obligation of the other person is not yet executed based on the contract, the person who makes the manifestation cannot refused execution of his or her obligation for reason of fraud as long as the manifestation of intention is not rescinded.	riteval_H23_en.xml
0	H23-1-5	Y	"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 cases where a buyer who deceives a seller receives the transfer of ownership of land, before the seller rescinds his or her manifestation of intention due to fraud, even if someone has accepted the establishment of a mortgage of the land without knowing of the fraud, the seller can revoke the manifestation of intention.	riteval_H23_en.xml
0	H23-2-A	Y	"Article 97
(1) A manifestation of intention becomes effective at the time notice thereof reaches the other party.
(2) If the other party prevents notice of a manifestation of intention from reaching them without a legitimate reason, the notice is deemed to have reached that party at the time it would have normally reached them.
(3) The effect of a manifestation of intention is not impaired even if the person making it dies, loses mental capacity, or becomes subject to restrictions on their legal capacity to act after having sent the notice."	The effect of manifestation of intention occurs when it arrives at the counterparty, and thus, a contract with a person at a distance forms when the manifestation of intention of acceptance arrives at the counterparty.	riteval_H23_en.xml
0	H23-2-I	N	"Article 20
(1) After a person with qualified legal capacity who is involved in dealings with another party becomes a person with the legal capacity to act (meaning a person whose legal capacity to act is not subject to restrictions; the same applies hereinafter), the other party to those dealings may fix a period of one month or longer and demand that the person give a definite answer within that period of time as to whether the person will ratify an act that the person may rescind. In such a case, if the person fails to send a definite answer within that period of time, the person is deemed to have ratified that act.
(2) The second sentence of the preceding paragraph also applies if, before the person with qualified legal capacity becomes a person with the legal capacity to act, the other party to dealings involving the person with qualified legal capacity lodges the demand prescribed in the preceding paragraph with the legal representative, curator, or assistant of that person with respect to an act within the scope of their authority, and they fail to send a definite answer within the fixed period of time referred to in that paragraph.
(3) If a person does not send notice within the period of time set forth in the preceding two paragraphs indicating that the person has completed any special formalities that an act requires, the person is deemed to have rescinded that act.
(4) The other party to dealings involving a person with qualified legal capacity may lodge a demand with a person under curatorship or with a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1) to demand that the person get the curator or assistant to ratify an act within the fixed period referred to in paragraph (1). In such a case, if the person under curatorship or person under assistance does not send notice within that period indicating that the person has gotten the curator or assistant to ratify the act in question, the person is deemed to have rescinded that act."	In cases where, against a demand of whether or not to ratify an act of a person with limited capacity, a statutory agent issues notification of refusal to ratify within the specified period, and it arrives after the lapse of the period, it is deemed as having been ratified.	riteval_H23_en.xml
0	H23-2-E	N	"Article 97
(1) A manifestation of intention becomes effective at the time notice thereof reaches the other party.
(2) If the other party prevents notice of a manifestation of intention from reaching them without a legitimate reason, the notice is deemed to have reached that party at the time it would have normally reached them.
(3) The effect of a manifestation of intention is not impaired even if the person making it dies, loses mental capacity, or becomes subject to restrictions on their legal capacity to act after having sent the notice."	After the manifestation of intention of acceptance is issued for the petition for a contract, in cases where the offeree dies before the arrival, if the counterparty knows of the fact of the death of the offeree, the contract  does not become effective.	riteval_H23_en.xml
0	H23-2-O	Y	"Article 97
(1) A manifestation of intention becomes effective at the time notice thereof reaches the other party.
(2) If the other party prevents notice of a manifestation of intention from reaching them without a legitimate reason, the notice is deemed to have reached that party at the time it would have normally reached them.
(3) The effect of a manifestation of intention is not impaired even if the person making it dies, loses mental capacity, or becomes subject to restrictions on their legal capacity to act after having sent the notice."	Even if it is a contract offer with a determined consent period, if the period is before or at the same time as the arrival of the offer, it can be revoked.	riteval_H23_en.xml
0	H23-3-A	Y	"Article 113
(1) A contract concluded by a person who acts as the agent of another person but has no authority to represent does not bind the principal unless the principal ratifies it.
(2) The ratification or refusal to ratify may not be duly asserted against the counterparty unless it is made to that counterparty;provided, however, that this does not apply if the counterparty has come to know the ratification or refusal to ratify.
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."	Even in cases where the principal ratifies an act of unauthorized agency toward an unauthorized agent, if the counterparty does not know of this fact, he or she can exercise the right to rescind.	riteval_H23_en.xml
0	H23-3-I	N	"Article 114
In the case referred to in the preceding Article, the counterparty may demand, by specifying a reasonable period of time, that the principal give a definite answer on whether or not the principal will ratify within that period of time.In this case, if the principal fails to give a definite answer within that period, the principal is deemed to have refused to ratify."	The counterparty of an act of unauthorized agency can determine a reasonable period of time for the principal and demand to ratify or not to ratify during that period, and if the principal does not provide a definite answer within the time period, the principal is deemed to have ratified.	riteval_H23_en.xml
0	H23-4-U	N	"Article 106
(1) A subagent represents the principal with respect to acts within the scope of the authority thereof.
(2) A subagent has the same rights and obligations as an agent in relation to the principal and third parties within the scope of that subagent's authority."	In cases where a  privately appointed agent  appoints a subagent due to unavoidable reasons, the sub-agent only possesses a legal relationship with the agent, so acts of the subagent are not acts of agency for the principal.	riteval_H23_en.xml
0	H23-4-O	N	"Article 102
An act that a person with qualified legal capacity performs as an agent of another person may not be rescinded on the grounds of qualified legal capacity;provided, however, that this does not apply to an act performed by a person with qualified legal capacity as a legal representative of another person with qualified legal capacity."	A privately appointed agent can be a minor, but acts of agency by a minor can be rescinded by the statutory agent.	riteval_H23_en.xml
0	H23-5-1	Y	"Article 123
If the counterparty to a voidable act is identified, the voidance or ratification of that act is made by the manifestation of intention to the counterparty."	In cases where a minor rescinds a juridical act performed without the consent of his or her statutory agent, if the counterparty of the act has been identified, the rescission is made by the manifestation of intention to the counterparty.	riteval_H23_en.xml
0	H23-5-2	N	"Article 123
If the counterparty to a voidable act is identified, the voidance or ratification of that act is made by the manifestation of intention to the counterparty."	If a person promises in a contract that he or she will tender a certain performance to a third party other than the counterparty, in cases where this is rescinded due to fraud of the counterparty, if manifestation of intention of profit is already made by the third party, the rescission is  made by the manifestation of intention to the third party.	riteval_H23_en.xml
0	H23-5-3	Y	"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."	The rescission of  a fraudulent act is performed by the court based on the demand of the obligee.	riteval_H23_en.xml
0	H23-9-2	Y	"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 immediate acquisition do not apply in cases where the property of an inheritee that possessed another person's movables is succeeded by inheritance.	riteval_H23_en.xml
0	H23-9-3	N	"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 accepts the transfer of movables owned by the counterparty, who is incapable of intention, and the person is in good faith and without fault regarding the incapability of intention of the counterparty, he or she acquires the ownership of the movable due to immediate acquisition.	riteval_H23_en.xml
0	H23-10-1	Y	"Article 239
(1) Ownership of movables without an owner are acquired by possessing the same with the intention to own.
(2) Ownerless immovables belong to the National Treasury."	By possessing a movable without an owner with the intention to own, the possessor acquires ownership of the movable.	riteval_H23_en.xml
0	H23-10-2	Y	"Article 197
A possessor may file a possessory action in accordance with the provisions of the following Article through Article 202. The same applies to a person that takes possession on behalf of another person.
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."	If the possession of an item is forcibly dispossessed by the possessor, even in cases where the possession before the dispossession was performed with the intention to own, and in cases without intention to own, the possessor can demand the return of the item based on action for the recovery of possession.	riteval_H23_en.xml
0	H23-10-3	N	"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."	A possessor is presumed to possess in good faith, peacefully, and in public, but is not presumed to have intention to own.	riteval_H23_en.xml
0	H23-10-4	Y	"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."	In cases where it is assumed, due to the nature of the title, that a possessor does not have the intention to own, if the possessor commences possession under a new title with an intention to own from that time, the nature of the possessor's possession changes with the intention to own.	riteval_H23_en.xml
0	H23-11-A	Y	"Article 196
(1) If a possessor returns a thing in the possession thereof, the possessor may have the person recovering the thing reimburse the possessor for the costs the possessor has paid for its preservation and other necessary expenses;provided, however, that if the possessor has acquired fruits, ordinary and necessary expenses are borne by the possessor.
(2) With respect to the costs paid for by a possessor to improve the thing in the possession thereof and other beneficial expenses, the possessor may have the person recovering the thing reimburse the possessor for either the costs the possessor has paid or the amount of the increased value, whichever the person recovering the thing chooses, but only if there is a current increase in value;provided, however, that with regard to a possessor in bad faith, the court may, at the request of the person recovering the thing, grant a reasonable period of time for the same."	When the possessor acquires fruits from a thing under his or her possession, ordinary necessary expenses shall be borne by the possessor.	riteval_H23_en.xml
0	H23-11-I	Y	"Article 299
(1) If the holder of a right of retention incurs necessary expenses with respect to the thing retained, that holder may have the owner reimburse the same.
(2) If the holder of a right of retention incurs beneficial expenses with respect to the thing retained, to the extent that there is currently an increase in value as a result of the same, that holder may have the expenses incurred or the increase in value reimbursed at the owner's choice;provided, however, that the court may, at the request of the owner, grant a reasonable period of time for the reimbursement of the same."	If a holder of a right of retention incurs necessary expenses with respect to the Thing related, he or she can have the owner reimburse the same.C. A mandatary can demand the mandator the day after the completion of the mandate for reimbursement of fees paid that were recognized as necessary expenses for the administration of the mandated business.	riteval_H23_en.xml
0	H23-11-E	Y	"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."	If borne obligations are deemed to be necessary for the retention of a deposited thing, the depositary can demand that the depositor perform the obligation on the depositary's behalf. In such cases, if the obligation has not yet fallen due, the depositary can require the depositor to tender reasonable security.	riteval_H23_en.xml
0	H23-11-O	N	"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."	Even in cases where the manager in management of business has engaged in the management of business against the intention of the principal, if the manager has incurred useful expenses  for the principal, the manager may claim reimbursement of all costs from the principal.	riteval_H23_en.xml
0	H23-12-A	Y	"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 533
A party to a bilateral contract may refuse to perform that party's own obligation until the other party tenders the performance of that other party's obligation (including the performance of an obligation to compensate for loss or damage in lieu of the performance of an obligation);provided, however, that this does not apply if the obligation of the other party is not yet due."	The contents of performance that can be refused based on rights of retention are the delivery of the thing, but the contents of performance that can be refused based on rights of defense of simultaneous performance are not limited to the delivery of the thing.	riteval_H23_en.xml
0	H23-12-U	Y	"Article 301
An obligor may demand that a right of retention be terminated by providing a reasonable security.
Article 533
A party to a bilateral contract may refuse to perform that party's own obligation until the other party tenders the performance of that other party's obligation (including the performance of an obligation to compensate for loss or damage in lieu of the performance of an obligation);provided, however, that this does not apply if the obligation of the other party is not yet due."	A person who is being exercised rights of retention can demand that the right be extinguished by tendering reasonable security, but a person who is being exercised rights of defense for simultaneous performance cannot demand that the right be extinguished by tendering reasonable security.	riteval_H23_en.xml
0	H23-13-A	N	"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."	In cases of pledges over nominative claims, if there is an instrument for the claim, the pledge establishment does not take effect unless the instrument is delivered.	riteval_H23_en.xml
0	H23-13-I	Y	"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."	The pledgee of claim X that is a nominative claim can directly collect claim X if the time of performance of the secured claim arrives along with the time of performance for the claim X that is the subject matter of the pledge.	riteval_H23_en.xml
0	H23-13-E	Y	"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."	In cases where a nominative claim where the obligee is an individual is the subject matter of a pledge, to assert the establishment of the pledge against a third party other than the obligator of the claim that is a subject matter of the pledge, the notification or acknowledgement using an instrument bearing a fixed  date is required.	riteval_H23_en.xml
0	H23-17-1	N	"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)."	If the obligor of a monetary debt cannot pay on the time of performance due to force majeure, the obligor of the monetary debt does not bear responsibility of delay in performance.	riteval_H23_en.xml
0	H23-19-1	N	"Article 457
(1) The postponement of expiry of prescription period and the renewal of prescription period due to grounds such as a request for performance in relation to the principal obligor are also effective in relation to the guarantor.
(2) A guarantor may assert against the obligee a defense that can be raised by the principal obligor.
(3) If the principal obligor has a right to set-off, right to rescind or right to cancel against the obligee, the guarantor may refuse to perform the obligation to the obligee to the extent that the principal obligor should have been released from the obligation by exercising these rights."	Until the principal obligor offsets with a possessed claim, the guarantor cannot raise a defense vis-a-vis the obligee by setting off any claim.	riteval_H23_en.xml
0	H23-19-5	N	"Article 437
Even if there are grounds for the invalidity or rescission of a juridical act with respect to one of the joint and several obligors, the validity of the obligation of other joint and several obligor is not impaired."	In cases where, after jointly borrowing 1,000,000 yen from two money lenders one of the jointly and several obligors rescinds the contract for reasons that he or she is an adult ward, the other jointly and several obligors is revoked of the portion of the obligation of the adult ward.	riteval_H23_en.xml
0	H23-21-4	N	"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."	A bearer of a receipt, regardless of the subjective conditions of the performer regarding that person's authority, is deemed to have the authority to accept performance.	riteval_H23_en.xml
0	H23-23-A	Y	"Article 460
If a guarantor has given a guarantee as requested by the principal obligor, the guarantor may exercise in advance the right to reimbursement against the principal obligor if:
(i) the principal obligor is subject to an order commencing bankruptcy proceeding, and the obligee does not participate in the distribution of the bankruptcy estate;
(ii) the obligation is due;provided, however, that no extension of time granted by the obligee to the principal obligor after the conclusion of the guarantee contract may be duly asserted against the guarantor; and
(iii) the guarantor is, without negligence, rendered a judicial decision ordering the guarantor to perform the obligation to the obligee."	In cases where the claim whose period of extinctive prescription has passed is in a state of offset with and the opposing claim possessed by the obligor before the period has passed, the obligor that possess the claim whose period of extinctive prescription has passed can perform the offset regardless of whether the invocation of prescription is made before the period of extinctive prescription has passed or after.	riteval_H23_en.xml
0	H23-25-I	Y	"Article 564
The provisions of the preceding two Articles do not preclude the buyer from claiming compensation for loss or damage pursuant to the provisions of Article 415
or exercising the right to cancel pursuant to the provisions of Articles 541 and 542.
Article 541
If one of the parties does not perform that party's obligation, and the other party demands performance of that obligation, specifying a reasonable period of time, but no performance is completed during that period, the other party may cancel the contract;provided, however, that this does not apply if the non-performance of the obligations upon the passage of the period is minor in light of the contract and the common sense in the transaction.
Article 542
(1) In the following cases, the obligee may immediately cancel the contract without making the demand referred to in the preceding Article:
(i) if the performance of the whole of the obligation is impossible;
(ii) if the obligor unequivocally manifests the intention to refuse to perform the obligation in whole;
(iii) if the performance of part of the obligation is impossible, or if the obligor clearly manifests the intention to refuse to perform part of the obligation and the purpose of the contract cannot be achieved by the performance of the remaining part of the obligation;
(iv) if, due to the nature of the contract or a manifestation of intention by the parties, the purpose of the contract cannot be achieved unless the obligation is performed at a specific time on a specific date or within a certain period of time, and the obligor fails to perform the obligation at that time or before that period of time expires; or
(v) beyond the cases set forth in the preceding items, if the obligor does not perform the obligation and it is obvious that the obligor is unlikely to perform the obligation to the extent necessary to achieve the purpose of the contract even if the obligee makes the demand referred to in the preceding Article.
(2) In the following cases, the obligee may immediately cancel a part of the contract without making the demand referred to in the preceding Article:
(i) the performance of the part of the obligation is impossible; or
(ii) the obligor clearly manifests the intention to refuse to perform the part of the obligation."	In cases where the subject of a sale has a latent defect, if the buyer cannot achieve the purpose of the contrac due to the existence of the defect, the buyer can cancel the contract.	riteval_H23_en.xml
0	H23-25-U	Y	"Article 564
The provisions of the preceding two Articles do not preclude the buyer from claiming compensation for loss or damage pursuant to the provisions of Article 415
or exercising the right to cancel pursuant to the provisions of Articles 541 and 542.
Article 541
If one of the parties does not perform that party's obligation, and the other party demands performance of that obligation, specifying a reasonable period of time, but no performance is completed during that period, the other party may cancel the contract;provided, however, that this does not apply if the non-performance of the obligations upon the passage of the period is minor in light of the contract and the common sense in the transaction.
Article 542
(1) In the following cases, the obligee may immediately cancel the contract without making the demand referred to in the preceding Article:
(i) if the performance of the whole of the obligation is impossible;
(ii) if the obligor unequivocally manifests the intention to refuse to perform the obligation in whole;
(iii) if the performance of part of the obligation is impossible, or if the obligor clearly manifests the intention to refuse to perform part of the obligation and the purpose of the contract cannot be achieved by the performance of the remaining part of the obligation;
(iv) if, due to the nature of the contract or a manifestation of intention by the parties, the purpose of the contract cannot be achieved unless the obligation is performed at a specific time on a specific date or within a certain period of time, and the obligor fails to perform the obligation at that time or before that period of time expires; or
(v) beyond the cases set forth in the preceding items, if the obligor does not perform the obligation and it is obvious that the obligor is unlikely to perform the obligation to the extent necessary to achieve the purpose of the contract even if the obligee makes the demand referred to in the preceding Article.
(2) In the following cases, the obligee may immediately cancel a part of the contract without making the demand referred to in the preceding Article:
(i) the performance of the part of the obligation is impossible; or
(ii) the obligor clearly manifests the intention to refuse to perform the part of the obligation.
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."	In cases where the subject of a sale has a latent defect and the buyer can cancel the contract due to that reason, along with the cancellation of the contract, the buyer can demand the seller to compensate damages.	riteval_H23_en.xml
0	H23-25-E	N	"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."	In cases where the buyer demands the seller to cancel the contract and compensation for damages based on warranty against defects, the buyer must do this within one year of the formation of the contract of sale.	riteval_H23_en.xml
0	H23-25-O	N	"Article 568
(1) The successful bidder at an auction based on the provisions of the Civil Execution Act and other laws (hereinafter referred to as an ""auction"" in this Article) may cancel the contract or demand a reduction of the price against the obligor pursuant to the provisions of Articles 541 and 542 and the provisions of Article 563
(including as applied mutatis mutandis pursuant to Article 565).
(2) In the cases referred to in the preceding paragraph, if the obligor is insolvent, the successful bidder may demand total or partial reimbursement of the proceeds against the obligees that received the distribution of the proceeds.
(3) In the cases set forth in the preceding two paragraphs, if obligors knew of the absence of the object or right and did not disclose the same, or if obligees knew of the absence but demanded an auction, the successful bidder may claim compensation for loss or damage against those persons.
(4) The provisions of the preceding three paragraphs do not apply to the non-conformity with respect to the kind or quality of the subject matter of an auction."	In cases where a compulsory auction was conducted for a used building, the purchaser of the building can demand the original building owner to compensate damages due to the reason that the building has a latent defect.	riteval_H23_en.xml
0	H23-26-3	N	"Article 565
The provisions of the preceding three Articles apply mutatis mutandis if the right transferred by the seller to the buyer does not conform to the terms of the contract (including the case in which the seller fails to transfer part of a right that belongs to another person).
Article 563
(1) In the case prescribed in the main clause of paragraph (1) of the preceding Article, if the buyer demands that the seller cure the non-conformity of performance by specifying a reasonable period of time but the non-conformity of performance is not cured within that period, the buyer may request a reduction of the price in proportion to the degree of non-conformity.
(2) Notwithstanding the provisions of the preceding paragraph, in the following cases, a buyer in good faith may request a reduction of the price immediately without making demand referred to in that paragraph:
(i) if it is impossible to cure the non-conformity of performance;
(ii) if the seller unequivocally manifests the intention to refuse to cure the non-conformity of performance;
(iii) if, due to the nature of the contract or a manifestation of intention by the parties, the purpose of the contract is unable to be achieved unless the performance is carried out at a specific time on a specific date or within a certain period of time, and the seller fails to cure the non-conformity of the performance at the time or before the period expires; or
(iv) beyond the cases set forth in the preceding items, it is obvious that the seller is unlikely to cure the non-conformity of the performance even if the buyer makes the demand referred to in the preceding paragraph.
(3) If the non-conformity referred to in paragraph (1) is due to grounds attributable to the buyer, the buyer may not request a reduction of the price under the provisions of the preceding two paragraphs."	In cases where a portion of purchased land is owned by a person other than the seller, and the buyer knows this at the time when the contract is concluded, if the seller cannot transfer this to the buyer, the buyer cannot demand the seller	riteval_H23_en.xml
0	H23-29-2	N	"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."	In cases where person A is responsible for an obligation toward person B, and performs the entire obligation while knowing that it is before the time of performance, if person B acquires benefit by operating it until the time of performance, the benefit is deemed unjust enrichment in regards to the relationship with person A.	riteval_H23_en.xml
0	H25-2-I	N	"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."	In the case where a person under curatorship concluded contract for sale with a third party with consent of his/her curator, even when there is a mistake in any element of the juristic act in question and he/she was not grossly negligent, he/she may not assert such nullity by himself/herself.	riteval_H25_en.xml
0	H25-2-U	Y	"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."	In cases any third party commits any fraud inducing any person to make a manifestation of intention to the other party, and the other party did not know such fact, if such manifestation of intention meets the requirement for invalid by mistake, the person who made such manifestation of intention may assert nullity.	riteval_H25_en.xml
0	H25-2-E	N	"Article 13
(1) A person under curatorship must obtain the consent of the curator in order to perform any of the following acts;provided, however, that this does not apply to an act provided for in the proviso of Article 9:
(i) receiving or using any property producing civil fruit;
(ii) borrowing money or guaranteeing an obligation;
(iii) performing an act with the purpose of acquiring or losing any right regarding immovables or other significant property;
(iv) suing any procedural act;
(v) giving a gift, reaching a settlement, or entering into an arbitration agreement (meaning an arbitration agreement as provided in Article 2, paragraph (1) of the Arbitration Act (Act No. 138 of 2003));
(vi) accepting or renouncing a succession or dividing an estate;
(vii) refusing an offer of a gift, renouncing a legacy, accepting an offer of gift with burden, or accepting a legacy with burden;
(viii) constructing a new building, renovating, expanding, or undertaking major repairs;
(ix) granting a lease for a term that exceeds the period set forth in Article 602; or
(x) performing any of the acts set forth in the preceding items as a legal representative of a person with qualified legal capacity (meaning a minor, adult ward, or person under curatorship or a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1); the same applies hereinafter).
(2) At the request of a person as referred to in the main clause of Article 11
or the curator or curator's supervisor, the family court may decide that the person under curatorship must also obtain the consent of the curator before performing an act other than those set forth in each of the items of the preceding paragraph;provided, however, that this does not apply to an act provided for in the proviso to Article 9.
(3) If the curator does not consent to an act for which the person under curatorship must obtain the curator's consent even though it is unlikely to prejudice the interests of the person under curatorship, the family court may grant permission that operates in lieu of the curator's consent at the request of the person under curatorship.
(4) An act for which the person under curatorship must obtain the curator's consent is voidable if the person performs it without obtaining the curator's consent or a permission that operates in lieu of 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 the case where a person under curatorship obtains the consent of his/her curator to conclude the contract of guarantee before concluding such contract, he/she may not cancel concluding such contract by self-determination.	riteval_H25_en.xml
0	H25-2-O	N	"Article 14
(1) If the grounds prescribed in the main clause of Article 11
cease to exist, the family court must rescind the decision for the commencement of curatorship at the request of the person in question, that person's spouse, that person's relative within the fourth degree of kinship, the guardian of a minor, the supervisor of a minor's guardian, the curator, the curator's supervisor, or a public prosecutor.
(2) At the request of a person provided for in the preceding paragraph, the family court may rescind all or part of the decision referred to in paragraph (2) of the preceding Article."	A person who intends to conclude the contract with a person under curatorship, in the capacity of interested person, may request the family court to rescind the order of the commencement of curatorship because of his/her having the sufficient the sufficient apacity to appreciate right or wrong.	riteval_H25_en.xml
0	H25-3-1	Y	"Article 20
(1) After a person with qualified legal capacity who is involved in dealings with another party becomes a person with the legal capacity to act (meaning a person whose legal capacity to act is not subject to restrictions; the same applies hereinafter), the other party to those dealings may fix a period of one month or longer and demand that the person give a definite answer within that period of time as to whether the person will ratify an act that the person may rescind. In such a case, if the person fails to send a definite answer within that period of time, the person is deemed to have ratified that act.
(2) The second sentence of the preceding paragraph also applies if, before the person with qualified legal capacity becomes a person with the legal capacity to act, the other party to dealings involving the person with qualified legal capacity lodges the demand prescribed in the preceding paragraph with the legal representative, curator, or assistant of that person with respect to an act within the scope of their authority, and they fail to send a definite answer within the fixed period of time referred to in that paragraph.
(3) If a person does not send notice within the period of time set forth in the preceding two paragraphs indicating that the person has completed any special formalities that an act requires, the person is deemed to have rescinded that act.
(4) The other party to dealings involving a person with qualified legal capacity may lodge a demand with a person under curatorship or with a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1) to demand that the person get the curator or assistant to ratify an act within the fixed period referred to in paragraph (1). In such a case, if the person under curatorship or person under assistance does not send notice within that period indicating that the person has gotten the curator or assistant to ratify the act in question, the person is deemed to have rescinded that act."	"With respect to an act which may be rescinded on the grounds of the limited capacity, the person who is the counterparty to a person with limited capacity may, after such person with limited capacity has become a person with capacity, 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."	riteval_H25_en.xml
0	H25-3-3	Y	"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."	In cases where any claim which was extinguished by a prescription had been suitable for set-off prior to such extinguishment, the relevant obligee may effect the set-off.	riteval_H25_en.xml
0	H25-3-4	N	"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."	Even if the statutory agent of a person who made the manifestation of intention ratifies the rescindable act on the grounds of fraud, such person may rescind such act when he/she does not know the ratification.	riteval_H25_en.xml
0	H25-3-5	Y	"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."	A contract concluded by a person without authority of agency may not be ratified by the principal, after the time when the counterparty rescindes the contract.	riteval_H25_en.xml
0	H25-4-U	N	"Article 109
(1) A person who indicates to a third party that the person granted certain authority to represent to another person is liable for an act performed between that other person and that third party within the scope of the authority to represent;provided, however, that this does not apply if the third party knew or did not know due to negligence that the other person has not been granted the authority to represent.
(2) If a person who indicates to a third party that the person granted authority to represent to another person is, pursuant to the provisions of the preceding paragraph, liable for acts performed by that other person in relation to the third party within the scope of the authority to represent, and the other person performs in relation to the third party an act beyond the scope of the authority to represent, the person who makes the indication is liable for that act only if the third party has reasonable grounds for believing that the other person has authority to represent in that act.
Article 110
The provisions of the main clause of paragraph (1) of the preceding Article apply mutatis mutandis if an agent performs an act exceeding the agent's authority to represent and a third party has reasonable grounds for believing that the agent has the authority as an agent.
Article 112
(1) A person that grants authority to represent to another person is liable towards a third party for an act performed between that other person and the third party within the scope of the authority to represent after the extinction of the authority to represent if that third party does not know the fact that the authority to represent has ceased to exist;provided, however, that this does not apply if the third party does to not know due to negligence the fact.
(2) If a person that grants authority to represent to another person is, pursuant to the provisions of the preceding paragraph, liable for an act performed between that other person and a third party within the scope of the authority to represent after the extinction of that authority to represent, and the other person performs in relation to the third party an act beyond the scope of the authority to represent, the person that grants authority to represent is liable for that act only if the third party has reasonable grounds for believing that the other person has authority to represent for the act."	In the case where a child who was not authorized by his/her father sells the real property of the father as an agent of the father, if the other party believe that the child was authorized and has reasonable grounds for believing that the agent has the authority, apparent authority shall be effected.	riteval_H25_en.xml
0	H25-6-E	N	"Article 169
(1) The period of prescription of a right determined by a final and binding judgment or anything that has the same effect as a final and binding judgment is 10 years even if a period of prescription shorter than 10 years is provided for.
(2) The provisions of the preceding paragraph do not apply to a claim which is not yet due and payable at the time when it is determined."	Even if a right to demand compensation for damages due to torts is established in a settlement in a court proceeding, and due date is fixed one year after the settlement, such right shall be extinguished by the operation of prescription if it is not exercised by the victim within ten years from the time when such settlement had been mentioned in the record of settlement.	riteval_H25_en.xml
0	H25-8-1	Y	"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."	In the case where a person concluded the sales contract with a minor and bought his/her movable, after that such contract was rescinded on the grounds of the limited capacity to act, even if the person is in good faith and faultless with respect to the fact that the seller is a minor, the person may not acquire the ownership of such movavle on the grounds of the immediate acquisition.	riteval_H25_en.xml
0	H25-8-3	N	"Article 246
(1) If a person (hereinafter in this Article referred to as ""processor"") adds labor to another person's movables, the ownership of the processed thing belongs to the owner of the material; provided, however, that if the value derived from the work significantly exceeds the value of the material, the processor acquires ownership of the processed thing.
(2) In the cases prescribed in the preceding paragraph, if the processor provides a portion of the materials, the processor acquires ownership of the processed thing only if the value of provided materials added to the value derived from the labor exceeds the value of the other person's materials.
Article 91
If a party to a juridical act manifests an intention that is inconsistent with the provisions of laws and regulations that are not related to public policy, that intention prevails."	"If a person contributes work to the movables of others, ownership of the Thing so worked up shall vest in the person who is determined pursuant to the provisions in Civil Code.
Even if the owner and the processor make other agreement which is different from the provisions in Civil Code, such agreement shall not be take effect."	riteval_H25_en.xml
0	H25-8-4	Y	"Article 284
(1) If one of the co-owners of land acquires a servitude by prescription, the other co-owners also acquire the same servitude.
(2) Renewal of prescription period does not become effective against co-owners unless it is made against each co-owner that exercises the servitude.
(3) If there are two or more co-owners that exercise a servitude, even if there is any ground for postponement of expiry of prescription period with respect to one of them, the prescription runs in favor of each co-owner."	If one of the co-owners of land acquires a servitude by prescription, the other co-owners shall also acquire the same.	riteval_H25_en.xml
0	H25-8-5	N	"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 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."	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, the owner of secondary movable shall co-own the composite Thing in proportion to the respective price current at the time of the accession.	riteval_H25_en.xml
0	H25-11-A	N	"Article 369
(1) A mortgagee has the right to have the mortgagee's claim satisfied prior to other obligees out of the immovables that the obligor or a third party provided to secure the obligation without transferring possession.
(2) Superficies and farming rights may be the subject matter of a mortgage.In this case, the provisions of this Chapter apply mutatis mutandis."	Superficies may not be the subject matter of a mortgage.	riteval_H25_en.xml
0	H25-11-U	N	"Article 280
A servitude holder has the right to use another person's land for the convenience of their own lands in accordance with purposes prescribed in the act establishing the servitude;provided, however, that this right must not violate the provisions (limited to those that relate to public policy) under Section 1 of Chapter 3 (Extent of Ownership)."	A servitude holder must pay for benefit to the owner of the servient land.	riteval_H25_en.xml
0	H25-11-E	N	"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."	A person who acquires Statutory Superficies need not to pay the rent to the owner of the land.	riteval_H25_en.xml
0	H25-11-O	Y	"Article 266
(1) The provisions of Articles 274 through 276 apply mutatis mutandis if the superficiary must pay periodical rent to the owners of the land.
(2) Beyond what is provided for in the preceding paragraph, provisions on leasehold apply mutatis mutandis to rent to the extent that application is not inconsistent with the nature of the same.
Article 276
If a farming right holder fails to pay the rent for two or more consecutive years, the landowner may demand the extinction of the farming right."	If a superficiary fails to pay the rent for two or more consecutive years, the landowner may demand the extinction of the superficies.	riteval_H25_en.xml
0	H25-13-1	Y	"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 exercise his/her rights against the whole of the Thing retained until his/her claim is satisfied in its entirety.	riteval_H25_en.xml
0	H25-13-2	Y	"Article 335
(1) Holders of general statutory liens cannot be paid out of immovables unless they are first paid out of property other than immovables and a claim that is not satisfied remains.
(2) With respect to immovables, holders of general statutory liens must first be paid out of those that are not the subject matters of special security.
(3) If holders of general statutory liens fail to participate in distributions in accordance with the provisions of the preceding two paragraphs, they may not exercise their statutory liens against registered third parties with respect to amounts that would have been paid to them if they had participated in the distribution.
(4) The provisions of the preceding three paragraphs do not apply if the proceeds of immovables are distributed prior to the proceeds of assets other than immovables, or if the proceeds of immovables that are the subject matter of a special security are distributed prior to the proceeds of other immovables."	Holders of general statutory liens cannot be paid out of immovable properties unless they are first paid out of property other than immovable properties and a claim that is not satisfied remains, unless cases where the proceeds of immovable properties are distributed prior to the proceeds of assets other than immovable properties.	riteval_H25_en.xml
0	H25-13-3	N	"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."	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.	riteval_H25_en.xml
0	H25-13-4	Y	"Article 394
(1) A mortgagee may receive payment from assets other than the mortgaged immovables only for the portion of that mortgagee's claim that is not paid from the proceeds of the relevant mortgaged immovables.
(2) The provisions of the preceding paragraph do not apply if the proceeds of other assets are to be distributed prior to the proceeds of the mortgaged immovables. In these cases, each other obligee may demand that the amount to be distributed to the mortgagee be deposited in order to have the mortgagee receive payment under the provisions of that paragraph."	In the case where the proceeds of other assets are to be distributed prior to the proceeds of the auction as the execution of mortgage, each other obligee may demand that the amount to be distributed to the mortgagee be deposited.	riteval_H25_en.xml
0	H25-13-5	Y	"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)."	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.	riteval_H25_en.xml
0	H25-14-A	N	"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."	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.	riteval_H25_en.xml
0	H25-14-I	Y	"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."	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.	riteval_H25_en.xml
0	H25-14-U	Y	"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."	Statutory liens for employer-employee relationships shall exist with respect to salaries and other claims that arose under the employer-employee relationship between the obligor and his/her employee.	riteval_H25_en.xml
0	H25-14-E	N	"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."	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.	riteval_H25_en.xml
0	H25-15-4	N	"Article 499
A person that has performed the obligation for the benefit of the obligor is subrogated to the claim of the obligee.
Article 500
The provisions of Article 467
apply mutatis mutandis in the case referred to in the preceding Article (unless a person with a legitimate interest in making performance is subrogated to the claim of the obligee)."	In the case where the first mortgage and the second mortgage were created on the same real property of the obligor, if the obligor pay the obligation which was secured by the first mortgage, the obligor shall obtain the first mortgage by subrogation by performance.	riteval_H25_en.xml
0	H25-16-3	Y	"Article 398-3
(1) A revolving mortgagee may exercise the relevant revolving mortgage up to the maximum amount with respect to all of crystallized principal as well as periodic payments including interest and compensation for loss or damage resulting from failure to perform obligations.
(2) If a claim under a negotiable instrument or check or electronically recorded monetary claim acquired from causes other than the transactions with the obligor is agreed to be treated as a claim to be secured by a revolving mortgage, and any of the following grounds exist, that revolving mortgage may be exercised only with respect to claims acquired before those grounds arose;provided, however, that even with respect to claims acquired after the grounds arose, the exercise of the revolving mortgage is not precluded as far as the claims were acquired without knowledge of those grounds:
(i) the suspension of payments by the obligor;
(ii) a petition to commence bankruptcy proceeding, the commencement of rehabilitation proceeding, the commencement of reorganization proceeding or the commencement for special liquidation with respect to the obligor; or
(iii) a petition for commencement of auction procedure in relation to a mortgaged immovables or attachment for disposition of delinquency."	A revolving mortgagee may exercise his/her Revolving Mortgage up to the maximum amount with respect to all fixed payments of principal as well as periodical payments including interest and compensation for damages resulting from failure to perform obligations.	riteval_H25_en.xml
0	H25-16-4	N	"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."	A mortgage shall extend to the buildings on the mortgaged land as long as the mortgage provides otherwise.	riteval_H25_en.xml
0	H25-21-U	Y	"Article 499
A person that has performed the obligation for the benefit of the obligor is subrogated to the claim of the obligee.
Article 500
The provisions of Article 467
apply mutatis mutandis in the case referred to in the preceding Article (unless a person with a legitimate interest in making performance is subrogated to the claim of the obligee).
Article 501
(1) A person that is subrogated to the claim of the obligee pursuant to the provisions of the preceding two Articles may exercise any and all rights possessed by the obligee as the effect of, and as a security for, the claim held by the obligee.
(2) The exercise of rights under the provisions of the preceding paragraph is allowed only to the extent that the person that is subrogated to the claim of the obligee is entitled to seek reimbursement from the obligor based on the person's own rights (if one of the guarantors is subrogated to the claim of the obligee in relation to other guarantors, only to the extent that the guarantor is entitled to seek reimbursement from the other guarantors based on that guarantor's own rights).
(3) In the case referred to in paragraph (1), the following provisions apply in addition to the provisions of the preceding paragraph:
(i) a third party acquirer (meaning a person that has acquired from the obligor the property that is the subject of security; hereinafter the same applies in this paragraph) is not subrogated to the claim of the obligee in relation to any guarantors or third-party collateral providers;
(ii) one of the third party acquirers is subrogated to the claim of the obligee in relation to other third party acquirers in proportion to the price of each property;
(iii) the provisions of the preceding item apply mutatis mutandis if one of the third-party collateral providers is subrogated to the claim of the obligee in relation to other third-party collateral providers;
(iv) between a guarantor and a third-party collateral provider, the subrogation to the claim of the obligee is effected depending on the number of these persons involved;provided, however, that if there are two or more third-party collateral providers, they are subrogated to the claim of the obligee in proportion to the price of each property with respect to the amount which remains after deduction of the share of the guarantor; and
(v) a person that has acquired from a third party acquirer the property that is the subject of security is deemed to be a third party acquirer, and the provisions of items (i) and (ii) apply thereto; and a person that has acquired from a third-party collateral provider the property that is the subject of security is deemed to be a third-party collateral provider, and the provisions of items (i) and (iii) and the preceding item apply thereto."	In the case where a third person mortgagor owns both of Land X and Land Y which a joint mortgage is taken out on, if the obligation ceased to exist by distributing the value of Land X ahead, the third person mortgagor may exercise the mortgage took out on Land Y to within the right to indemnification to the obligator.	riteval_H25_en.xml
0	H25-21-E	N	"Article 501
(1) A person that is subrogated to the claim of the obligee pursuant to the provisions of the preceding two Articles may exercise any and all rights possessed by the obligee as the effect of, and as a security for, the claim held by the obligee.
(2) The exercise of rights under the provisions of the preceding paragraph is allowed only to the extent that the person that is subrogated to the claim of the obligee is entitled to seek reimbursement from the obligor based on the person's own rights (if one of the guarantors is subrogated to the claim of the obligee in relation to other guarantors, only to the extent that the guarantor is entitled to seek reimbursement from the other guarantors based on that guarantor's own rights).
(3) In the case referred to in paragraph (1), the following provisions apply in addition to the provisions of the preceding paragraph:
(i) a third party acquirer (meaning a person that has acquired from the obligor the property that is the subject of security; hereinafter the same applies in this paragraph) is not subrogated to the claim of the obligee in relation to any guarantors or third-party collateral providers;
(ii) one of the third party acquirers is subrogated to the claim of the obligee in relation to other third party acquirers in proportion to the price of each property;
(iii) the provisions of the preceding item apply mutatis mutandis if one of the third-party collateral providers is subrogated to the claim of the obligee in relation to other third-party collateral providers;
(iv) between a guarantor and a third-party collateral provider, the subrogation to the claim of the obligee is effected depending on the number of these persons involved;provided, however, that if there are two or more third-party collateral providers, they are subrogated to the claim of the obligee in proportion to the price of each property with respect to the amount which remains after deduction of the share of the guarantor; and
(v) a person that has acquired from a third party acquirer the property that is the subject of security is deemed to be a third party acquirer, and the provisions of items (i) and (ii) apply thereto; and a person that has acquired from a third-party collateral provider the property that is the subject of security is deemed to be a third-party collateral provider, and the provisions of items (i) and (iii) and the preceding item apply thereto."	In the case where there is a guarantor on an obligation and a mortgage is taken out on land X which a third party mortgagor owns for the same obligation, if the guarantor performed and extinguished the guarantee obligation, he/she exercise the mortgage for the full amount of the right to reimbursement to an obligor.	riteval_H25_en.xml
0	H25-21-O	N	"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."	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.	riteval_H25_en.xml
0	H25-22-1	N	"Article 417
Unless a particular intention is manifested, the amount of the compensation for loss or damage is determined with reference to monetary value."	Regardless of whether there is other agreement, the amount of the damages of non-performance shall be determined with reference to monetary value.	riteval_H25_en.xml
0	H25-22-2	N	"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)."	The obligor shall take on responsibilities which arise from default of monetary debt unless he/she may raise the defense of force majeure.	riteval_H25_en.xml
0	H25-22-3	N	"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."	In the case where the parties agree on the amount of the liquidated damages with respect to the failure to perform the obligation, the court only may increase the amount thereof but may not decrease the amount thereof.	riteval_H25_en.xml
0	H25-22-4	Y	"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."	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.	riteval_H25_en.xml
0	H25-23-I	Y	"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 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.	riteval_H25_en.xml
0	H25-23-U	N	"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."	A condition may be added to manifestation of set-offs.	riteval_H25_en.xml
0	H25-23-O	N	"Article 519
If an obligee manifests the intention to release an obligor from an obligation to that obligor, the obligee's claim is extinguished."	An obligee may not release an obligation without an obligor's consent.	riteval_H25_en.xml
0	H25-24-A	N	"Article 564
The provisions of the preceding two Articles do not preclude the buyer from claiming compensation for loss or damage pursuant to the provisions of Article 415
or exercising the right to cancel pursuant to the provisions of Articles 541 and 542.
Article 541
If one of the parties does not perform that party's obligation, and the other party demands performance of that obligation, specifying a reasonable period of time, but no performance is completed during that period, the other party may cancel the contract;provided, however, that this does not apply if the non-performance of the obligations upon the passage of the period is minor in light of the contract and the common sense in the transaction.
Article 542
(1) In the following cases, the obligee may immediately cancel the contract without making the demand referred to in the preceding Article:
(i) if the performance of the whole of the obligation is impossible;
(ii) if the obligor unequivocally manifests the intention to refuse to perform the obligation in whole;
(iii) if the performance of part of the obligation is impossible, or if the obligor clearly manifests the intention to refuse to perform part of the obligation and the purpose of the contract cannot be achieved by the performance of the remaining part of the obligation;
(iv) if, due to the nature of the contract or a manifestation of intention by the parties, the purpose of the contract cannot be achieved unless the obligation is performed at a specific time on a specific date or within a certain period of time, and the obligor fails to perform the obligation at that time or before that period of time expires; or
(v) beyond the cases set forth in the preceding items, if the obligor does not perform the obligation and it is obvious that the obligor is unlikely to perform the obligation to the extent necessary to achieve the purpose of the contract even if the obligee makes the demand referred to in the preceding Article.
(2) In the following cases, the obligee may immediately cancel a part of the contract without making the demand referred to in the preceding Article:
(i) the performance of the part of the obligation is impossible; or
(ii) the obligor clearly manifests the intention to refuse to perform the part of the obligation."	In cases where the seller, at the moment of the contract, does not know that the land the seller has sold do not belong to him/her, even if the seller cannot acquire the land and transfer the same to the buyer, the seller may cancel the contract.	riteval_H25_en.xml
0	H25-24-I	Y	"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.
Article 563
(1) In the case prescribed in the main clause of paragraph (1) of the preceding Article, if the buyer demands that the seller cure the non-conformity of performance by specifying a reasonable period of time but the non-conformity of performance is not cured within that period, the buyer may request a reduction of the price in proportion to the degree of non-conformity.
(2) Notwithstanding the provisions of the preceding paragraph, in the following cases, a buyer in good faith may request a reduction of the price immediately without making demand referred to in that paragraph:
(i) if it is impossible to cure the non-conformity of performance;
(ii) if the seller unequivocally manifests the intention to refuse to cure the non-conformity of performance;
(iii) if, due to the nature of the contract or a manifestation of intention by the parties, the purpose of the contract is unable to be achieved unless the performance is carried out at a specific time on a specific date or within a certain period of time, and the seller fails to cure the non-conformity of the performance at the time or before the period expires; or
(iv) beyond the cases set forth in the preceding items, it is obvious that the seller is unlikely to cure the non-conformity of the performance even if the buyer makes the demand referred to in the preceding paragraph.
(3) If the non-conformity referred to in paragraph (1) is due to grounds attributable to the buyer, the buyer may not request a reduction of the price under the provisions of the preceding two paragraphs."	A buyer may demand a reduction of the purchase money in proportion to the value of the part in shortage in cases where part of a real estate  was already lost at the time of the contract, if the buyer did not know the fact of the loss.	riteval_H25_en.xml
0	H25-24-E	N	"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."	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.	riteval_H25_en.xml
0	H25-24-O	N	"Article 568
(1) The successful bidder at an auction based on the provisions of the Civil Execution Act and other laws (hereinafter referred to as an ""auction"" in this Article) may cancel the contract or demand a reduction of the price against the obligor pursuant to the provisions of Articles 541 and 542 and the provisions of Article 563
(including as applied mutatis mutandis pursuant to Article 565).
(2) In the cases referred to in the preceding paragraph, if the obligor is insolvent, the successful bidder may demand total or partial reimbursement of the proceeds against the obligees that received the distribution of the proceeds.
(3) In the cases set forth in the preceding two paragraphs, if obligors knew of the absence of the object or right and did not disclose the same, or if obligees knew of the absence but demanded an auction, the successful bidder may claim compensation for loss or damage against those persons.
(4) The provisions of the preceding three paragraphs do not apply to the non-conformity with respect to the kind or quality of the subject matter of an auction.
Article 565
The provisions of the preceding three Articles apply mutatis mutandis if the right transferred by the seller to the buyer does not conform to the terms of the contract (including the case in which the seller fails to transfer part of a right that belongs to another person).
Article 564
The provisions of the preceding two Articles do not preclude the buyer from claiming compensation for loss or damage pursuant to the provisions of Article 415
or exercising the right to cancel pursuant to the provisions of Articles 541 and 542.
Article 541
If one of the parties does not perform that party's obligation, and the other party demands performance of that obligation, specifying a reasonable period of time, but no performance is completed during that period, the other party may cancel the contract;provided, however, that this does not apply if the non-performance of the obligations upon the passage of the period is minor in light of the contract and the common sense in the transaction.
Article 542
(1) In the following cases, the obligee may immediately cancel the contract without making the demand referred to in the preceding Article:
(i) if the performance of the whole of the obligation is impossible;
(ii) if the obligor unequivocally manifests the intention to refuse to perform the obligation in whole;
(iii) if the performance of part of the obligation is impossible, or if the obligor clearly manifests the intention to refuse to perform part of the obligation and the purpose of the contract cannot be achieved by the performance of the remaining part of the obligation;
(iv) if, due to the nature of the contract or a manifestation of intention by the parties, the purpose of the contract cannot be achieved unless the obligation is performed at a specific time on a specific date or within a certain period of time, and the obligor fails to perform the obligation at that time or before that period of time expires; or
(v) beyond the cases set forth in the preceding items, if the obligor does not perform the obligation and it is obvious that the obligor is unlikely to perform the obligation to the extent necessary to achieve the purpose of the contract even if the obligee makes the demand referred to in the preceding Article.
(2) In the following cases, the obligee may immediately cancel a part of the contract without making the demand referred to in the preceding Article:
(i) the performance of the part of the obligation is impossible; or
(ii) the obligor clearly manifests the intention to refuse to perform the part of the obligation."	In the case where the object of compulsory auction is retained by the right of retention, the successful bidder may not cancel the contract, even if he/she did not know the fact and cannot achieve the purpose of the purchase because of the right of retention.	riteval_H25_en.xml
0	H25-26-1	N	"Article 651
(1) A mandate may be cancelled by either party at any time.
(2) In the following cases, a party that has cancelled a mandate pursuant to the provisions of the preceding paragraph must compensate for damage suffered by the other party;provided, however, that this does not apply if there was a compelling reason for the cancellation:
(i) if the party cancels the mandate at a time that is detrimental to the other party; or
(ii) if the mandator cancels the mandate for which the purpose includes the interests for the mandatary (excluding the profit to be obtained exclusively by receiving remuneration)."	A mandate shall not be canceled by a mandatary unless an anavoidable reason to do so.	riteval_H25_en.xml
0	H25-26-2	Y	"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."	A mandatary must, if so requested by the mandator, report the current status of the administration of the mandated business at any time.	riteval_H25_en.xml
0	H25-26-3	Y	"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."	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.	riteval_H25_en.xml
0	H25-26-4	Y	"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."	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.	riteval_H25_en.xml
0	H25-26-5	Y	"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."	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.	riteval_H25_en.xml
0	H25-27-1	N	"Article 663
(1) If the parties have not specified the timing of the return of the bailed thing, the bailee may return the same at any time.
(2) If the timing of the return is specified, the bailee may not return the deposited thing prior to the due date unless there is a compelling reason to do so."	Even if the due date of the return is specified in an onerous deposit contract, the depositary may return the deposited goods prior to the due date by refunding a storage fee.	riteval_H25_en.xml
0	H25-27-2	Y	"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."	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.	riteval_H25_en.xml
0	H25-27-4	Y	"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."	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.	riteval_H25_en.xml
0	H25-28-A	Y	"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."	A partner may not seek the division of the partnership property before the same is liquidated.	riteval_H25_en.xml
0	H25-29-A	Y	"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."	In a contract of employment, remuneration specified with reference to a period may be claimed on the expiration of that period.	riteval_H25_en.xml
0	H25-29-I	N	"Article 632
A contract for work become effective when one of the parties promises to complete work and the other party promises to pay remuneration for the outcome of the work."	The contractor may not claim his/her remuneration without the specified consent of remuneration amount.	riteval_H25_en.xml
0	H25-29-U	Y	"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."	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.	riteval_H25_en.xml
0	H25-29-E	N	"Article 656
The provisions of this Section apply mutatis mutandis to entrustments of business that do not constitute juridical acts.
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."	A mandatary of a quasi-mandate contract may not claim remuneration from a mandator before performance, even with special agreements that a mandatary may claim remuneration before he/she administers the mandated business.	riteval_H25_en.xml
0	H25-29-O	Y	"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."	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.	riteval_H25_en.xml
0	H25-30-3	N	"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."	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.	riteval_H25_en.xml
0	H25-30-4	Y	"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."	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.	riteval_H25_en.xml
0	H24-1-A	N	"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)."	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.	riteval_H24_en.xml
0	H24-1-U	Y	"Article 13
(1) A person under curatorship must obtain the consent of the curator in order to perform any of the following acts;provided, however, that this does not apply to an act provided for in the proviso of Article 9:
(i) receiving or using any property producing civil fruit;
(ii) borrowing money or guaranteeing an obligation;
(iii) performing an act with the purpose of acquiring or losing any right regarding immovables or other significant property;
(iv) suing any procedural act;
(v) giving a gift, reaching a settlement, or entering into an arbitration agreement (meaning an arbitration agreement as provided in Article 2, paragraph (1) of the Arbitration Act (Act No. 138 of 2003));
(vi) accepting or renouncing a succession or dividing an estate;
(vii) refusing an offer of a gift, renouncing a legacy, accepting an offer of gift with burden, or accepting a legacy with burden;
(viii) constructing a new building, renovating, expanding, or undertaking major repairs;
(ix) granting a lease for a term that exceeds the period set forth in Article 602; or
(x) performing any of the acts set forth in the preceding items as a legal representative of a person with qualified legal capacity (meaning a minor, adult ward, or person under curatorship or a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1); the same applies hereinafter).
(2) At the request of a person as referred to in the main clause of Article 11
or the curator or curator's supervisor, the family court may decide that the person under curatorship must also obtain the consent of the curator before performing an act other than those set forth in each of the items of the preceding paragraph;provided, however, that this does not apply to an act provided for in the proviso to Article 9.
(3) If the curator does not consent to an act for which the person under curatorship must obtain the curator's consent even though it is unlikely to prejudice the interests of the person under curatorship, the family court may grant permission that operates in lieu of the curator's consent at the request of the person under curatorship.
(4) An act for which the person under curatorship must obtain the curator's consent is voidable if the person performs it without obtaining the curator's consent or a permission that operates in lieu of it."	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 person under curatorship may make a claim to the family court for a permission in lieu of the consent of the curator.	riteval_H24_en.xml
0	H24-1-E	N	"Article 19
(1) If the family court decides to commence a guardianship and the person in question is a person under curatorship or a person under assistance, it must rescind the decision for commencement of the curatorship or commencement of assistance respecting that person.
(2) The provisions of the preceding paragraph apply mutatis mutandis if the court decides to commence a curatorship and the person in question is an adult ward or a person under assistance or if the court decides to commence an assistance and the person in question is an adult ward or a person under curatorship."	In cases any ruling for commencement of guardianship to a person under assistance is to be made, the family court need not to rescind the ruling of commencement of assistance pertaining to such person.	riteval_H24_en.xml
0	H24-2-1	N	"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."	With respect to contracts concluded by the person with limited capacity, if the person with limited capacity and the statutory agent have the right to rescind, the counterparty also has.	riteval_H24_en.xml
0	H24-2-2	N	"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 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.	riteval_H24_en.xml
0	H24-2-4	N	"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."	In cases where a person with limited capacity manipulates any fraudulent means to induce others to believe that he/she is a person with capacity, his/her jusistic act has effect even if there is a mistake in any element of the juristic act in question.	riteval_H24_en.xml
0	H24-4-A	Y	"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."	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.	riteval_H24_en.xml
0	H24-4-I	Y	"Article 111
(1) The authority to represent ceases to exist upon:
(i) death of the principal; and
(ii) death of the agent, or being given an order commencing bankruptcy proceeding or a decision for commencement of guardianship against the agent.
(2) The authority to represent by mandate ceases to exist, other than on the grounds set forth in the respective items of the preceding paragraph, upon the termination of the mandate."	The authority of agency shall be terminated when the agent is subject to an order for the commencement of guardianship.	riteval_H24_en.xml
0	H24-4-U	N	"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."	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.	riteval_H24_en.xml
0	H24-4-E	N	"Article 116
Ratification is retroactive to the time of the conclusion of the contract unless a particular intention is manifested;provided, however, that this may not prejudice the rights of a third party."	In cases where the principal ratifies the contract concluded by a person without authority of agency, the contract shall be effective toward the future from the time of the rarification, unless other intention is manifested.	riteval_H24_en.xml
0	H24-4-O	Y	"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."	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.	riteval_H24_en.xml
0	H24-5-1	Y	"Article 109
(1) A person who indicates to a third party that the person granted certain authority to represent to another person is liable for an act performed between that other person and that third party within the scope of the authority to represent;provided, however, that this does not apply if the third party knew or did not know due to negligence that the other person has not been granted the authority to represent.
(2) If a person who indicates to a third party that the person granted authority to represent to another person is, pursuant to the provisions of the preceding paragraph, liable for acts performed by that other person in relation to the third party within the scope of the authority to represent, and the other person performs in relation to the third party an act beyond the scope of the authority to represent, the person who makes the indication is liable for that act only if the third party has reasonable grounds for believing that the other person has authority to represent in that act."	"(A) broke into a stranger (B)'s house to steal B's seal and documents relating to registration, and forged the proxy which is manifested that B granted certain authority of agency to A in order to sell B's real property.
In such case, B shall not be liable for the contract concluded by A as a agent of B that B sells his/her real property to (C), even if C knew, or were negligent in not knowing, that A was not granted the authority of agency."	riteval_H24_en.xml
0	H24-5-3	Y	"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."	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.	riteval_H24_en.xml
0	H24-5-4	Y	"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 an unauthorized argent is unable to obtain the ratification of the principal, the counterparty who did not konw and without negligence in not knowing that the agent had no authorigy of agency claim damages against him/her.	riteval_H24_en.xml
0	H24-6-A	Y	"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."	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.	riteval_H24_en.xml
0	H24-6-I	N	"Article 132
A juridical act subject to an unlawful condition is void. The same applies to a juridical act subject to the condition that an unlawful act not be performed."	Juristic act which is subject to an unlawful condition shall be void, however jusistic act which is subject to the condition that an unlawful act not be performed shall not be void.	riteval_H24_en.xml
0	H24-6-U	N	"Article 129
While it is uncertain whether or not a condition will be fulfilled, the rights and obligations of the party concerned may be disposed of, inherited or preserved, or a security may be provided therefor, in accordance with the general provisions."	Conditional rights may not be inherited while it is uncertain whether or not such condition has been fulfilled.	riteval_H24_en.xml
0	H24-7-A	N	"Article 147
(1) If any of the following grounds exists, the period of prescription does not expire until the ground ceases to exist (if the ground ceases to exist while the right remains undetermined by a final and binding judgment or anything that has the same effect as a final and binding judgment, until six months have passed from the time of cessation):
(i) demand by litigation;
(ii) demand for payment;
(iii) settlement referred to in Article 275, paragraph (1) of the Code of Civil Procedure or mediation under the Civil Conciliation Act (Act No. 222 of 1951) or the Domestic Relations Case Procedure Act (Act No. 52 of 2011); or
(iv) participation in bankruptcy proceeding, rehabilitation proceeding or reorganization proceeding.
(2) In the case referred to in the preceding paragraph, if a right is determined by a final and binding judgment or anything that has the same effect as a final and binding judgment, a new period of prescription commences to run at the time when the grounds set forth in the items of that paragraph cease to exist;."	In cases where the obligor who has the debt by oneself was dead and there are more than one heirs, the extinctive prescription of the debt shall be nullified until the time when the applicable heir is identified.	riteval_H24_en.xml
0	H24-7-E	Y	"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."	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.	riteval_H24_en.xml
0	H24-7-O	Y	"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."	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.	riteval_H24_en.xml
0	H24-8-3	Y	"Article 189
(1) A possessor in good faith acquires fruits derived from the thing under possession.
(2) If a possessor in good faith is defeated in an action on the title that legally supports the possession, that possessor is deemed to be a possessor in bad faith as from the time when the action is filed."	"If a possessor in good faith is defeated in an action on the title, he/she shall be deemed to be a possessor in bad faith as from the time when such action was brought.
89-2"	riteval_H24_en.xml
0	H24-8-5	N	"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."	An obligee (B) against (A) may demand the court against (D) who succeeds to benefits as defendant to rescind the gift from A to (C) by the reason of fraudulent act, if D knew, at the time of the gift, the fact that B is to be prejudiced.	riteval_H24_en.xml
0	H24-9-1	N	"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."	A claim may be extinguished by extinctive prescription; however, a real right may not.	riteval_H24_en.xml
0	H24-9-4	N	"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."	A claim may be the subject of another claim; howver, a claim may not be subject of a real right.	riteval_H24_en.xml
0	H24-10-1	Y	"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."	"(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."	riteval_H24_en.xml
0	H24-10-2	N	"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."	"(A) bought the movable ""a"" from (B) and A aquired possessory right by constructive transfer, however B also sold the movalbe ""a"" to (C) and delivered in actual.
In this case, C may assert against A to aquire the ownership the movable ""a"" without unknowlegde and negligence regarding to the trade of the movable ""a"" between A and B."	riteval_H24_en.xml
0	H24-10-3	N	"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."	"(A) bought the movable ""a"" which he/she had borrowed and possessed from (B).
In such case, A may not asserted against B to aquire the ownership of the movable ""a"", unless A returns it to B and B delivers again it to A in actual."	riteval_H24_en.xml
0	H24-10-4	N	"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."	"(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."	riteval_H24_en.xml
0	H24-10-5	N	"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."	"In cases where (A) bought the movable ""a"" which (B) had owned and deposited to the depositary, if A orders the depositary to thenceforward possess it on behalf of A, and such depositary consents thereto, A shall acquire the possessory right."	riteval_H24_en.xml
0	H24-11-1	N	"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."	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.	riteval_H24_en.xml
0	H24-11-4	Y	"Article 249
Each co-owner may use the entire property in co-ownership in proportion to each co-owner's interest."	"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."	riteval_H24_en.xml
0	H24-12-1	N	"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."	"In cases where (A) have created the (B)'s supercify over A's land and registered such fact,
the supercify shall be extinguished if B acquires the ownership of A's land, even if the supecify was the object of the mortgage of a third party."	riteval_H24_en.xml
0	H24-12-2	N	"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."	"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."	riteval_H24_en.xml
0	H24-12-3	Y	"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."	"In cases where (B) has the superficy over (A)'s land, which had already been the subject of the mortgage, and registered such fact,
the supecify shall be extinguished if B acquires the ownership of A's land."	riteval_H24_en.xml
0	H24-12-5	N	"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."	"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."	riteval_H24_en.xml
0	H24-14-A	N	"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."	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.	riteval_H24_en.xml
0	H24-14-U	Y	"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."	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.	riteval_H24_en.xml
0	H24-15-1	Y	"Article 371
If there is a default with respect to a claim secured by a mortgage, the mortgage extends to the fruits of the mortgaged immovables derived after the default."	If there is a default with respect to a claim secured by a mortgage, the mortgage shall extend to the fruits of the Mortgaged Immovable Properties derived after the default.	riteval_H24_en.xml
0	H24-15-3	N	"Article 380
No principal obligor, guarantor or successor of the same may make a claim for the extinguishment of a mortgage."	A primary obligor may not make a claim for the extinction of a mortgage; however, a jointly and severally liable guarantor with respect to the obligation may make that claim.	riteval_H24_en.xml
0	H24-15-4	N	"Article 395
(1) A person that uses or profits from a building subject to a mortgage by virtue of a lease that cannot be duly asserted against the mortgagee, and that is set forth as follows (in the following paragraph referred to as ""mortgaged building user"") is not required to deliver that building to the purchaser thereof until six months have passed from the time when the purchaser purchased that building at auction:
(i) a person that has been using or profiting from the building since prior to the commencement of auction procedures; or
(ii) a person that is using or profiting from the building by virtue of a lease given after the commencement of auction procedures by the administrator of compulsory administration or execution against earnings from immovable collateral.
(2) The provisions of the preceding paragraph do not apply if the purchaser, specifying a reasonable period of time, issues a notice to the mortgaged building user demanding payment of consideration for a period of one month or more with respect to the use of the building referred to in that paragraph that has been made after the time of purchase by the purchaser, and no payment is made within that reasonable period of time.
Article 703
A person that has benefited (hereinafter in this Chapter referred to as ""beneficiary"") from the property or labor of another person without legal cause and has thereby caused a loss to another person bears the duty to return that benefit, to the extent the benefit exists."	In cases where a mortgage with respect to a building is exercised, if there is a person who has been using the building since prior to the commnecement of auction procedures and posterior to the registration of the mortgage, he/she shall not be required to deliver that building to the purchaser thereof until six months have elapsed from the time when the purchaser purchased that building at auction without paying consideration with respect to the use of the building.	riteval_H24_en.xml
0	H24-15-5	Y	"Article 389
(1) If a building is constructed on a mortgaged land after the creation of a mortgage, the mortgagee may auction the building together with the land;provided, however, that the right of priority of that mortgagee may be exercised solely against the proceeds of the land.
(2) The provisions of the preceding paragraph do not apply if the owner of that building has rights with respect to the possession of the mortgaged land that may be duly asserted against the mortgagee."	If a building is constructed on motgaged land by a third party afer creation of a mortgage, the mortgagee may auction the building together with the land.	riteval_H24_en.xml
0	H24-16-1	N	"Article 398-2
(1) Mortgages may be created, by an establishing act, in order to secure unspecified claims of a certain scope, up to the limit of a maximum amount.
(2) The scope of the unspecified claims to be secured by the mortgage under the provisions of the preceding paragraph (hereinafter referred to as ""revolving mortgage"") must be prescribed by limiting the scope to claims arising from specific contracts with the obligor for continuous transactions or other claims arising from certain kinds of transactions with the obligor.
(3) Claims that arise continuously with the obligor pursuant to a specific cause, claims under negotiable instruments or checks, or electronically recorded monetary claims (meaning electronically recorded monetary claims prescribed in Article 2, paragraph (1) of the Electronically Recorded Monetary Claims Act (Act No. 102 of 2007); the same applies in paragraph (2) of the following Article) may be treated as claims that are to be secured by a revolving mortgage, notwithstanding the provisions of the preceding paragraph."	Even if claims on negotigable instruments or checks are specified as claims that are to be secured by Revolving Mortgage,  any claim on negotigable instruments or checks which issued by a third pary and endorsed by the obligor may not be treated as claims that are to be secured by Revolving Mortgage.	riteval_H24_en.xml
0	H24-16-2	Y	"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."	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.	riteval_H24_en.xml
0	H24-16-3	N	"Article 398-4
(1) The scope of the claims to be secured by a revolving mortgage may be changed if the change is effected before the principal is crystallized. The same applies with respect to change of obligors.
(2) In order to effect the changes referred to in the preceding paragraph, it is not required that the approval of third parties including subordinated mortgagee be obtained.
(3) If the change under paragraph (1) is not registered before the principal is crystallized, it is deemed that the change was not effected."	In order to effect the alterations with respect to the scope and the obligor of the claims to be secured by a Revolving Mortgage, it is not required that the approval of third parties including subordinated obligees be obtained.	riteval_H24_en.xml
0	H24-16-4	Y	"Article 398-8
(1) If succession involving a revolving mortgagee commences before the principal is crystallized, the revolving mortgage secures the claims that exist at the time of the commencement of succession and otherwise secures claims that were agreed upon by the heirs and the mortgagor of the revolving mortgage and that an heir acquires after the commencement of succession.
(2) If succession involving an obligor commences before the principal is crystallized, the revolving mortgage secures the obligations that exist at the time of the commencement of succession and otherwise secures the claims that were agreed upon by the revolving mortgagee and the mortgagor of the revolving mortgage and that an heir assumes after the commencement of succession.
(3) The provisions of Article 398-4, paragraph (2) apply mutatis mutandis if an agreement as referred to in the preceding two paragraphs is reached.
(4) If the agreements referred to in paragraph (1) and paragraph (2) are not registered within six months of the commencement of succession, the principal secured is deemed to have been crystallized at the time of the commencement of succession."	If an inheritance of a revolving mortgagee commences before the principal is fixed, the principal secured by a Revolvoing Mortgage shall be fixed at the time of the commencement of the inheritance, unless there is the agreement between the heirs and the revolving mortgagor to success the Revolving Mortgage.	riteval_H24_en.xml
0	H24-16-5	Y	"Article 398-3
(1) A revolving mortgagee may exercise the relevant revolving mortgage up to the maximum amount with respect to all of crystallized principal as well as periodic payments including interest and compensation for loss or damage resulting from failure to perform obligations.
(2) If a claim under a negotiable instrument or check or electronically recorded monetary claim acquired from causes other than the transactions with the obligor is agreed to be treated as a claim to be secured by a revolving mortgage, and any of the following grounds exist, that revolving mortgage may be exercised only with respect to claims acquired before those grounds arose;provided, however, that even with respect to claims acquired after the grounds arose, the exercise of the revolving mortgage is not precluded as far as the claims were acquired without knowledge of those grounds:
(i) the suspension of payments by the obligor;
(ii) a petition to commence bankruptcy proceeding, the commencement of rehabilitation proceeding, the commencement of reorganization proceeding or the commencement for special liquidation with respect to the obligor; or
(iii) a petition for commencement of auction procedure in relation to a mortgaged immovables or attachment for disposition of delinquency."	A revolving mortgagee after the principal is fixed may exercise his/her Revolving Mortgage up to the maximum amount with respect to all fixed payments of principal, as well as perioical payments including interest and compensation for damages resulting from failure to perform obligations that have fallen due in the most recent two years.	riteval_H24_en.xml
0	H24-17-1	Y	"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."	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.	riteval_H24_en.xml
0	H24-17-2	N	"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."	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.	riteval_H24_en.xml
0	H24-17-3	N	"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."	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.	riteval_H24_en.xml
0	H24-17-4	N	"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."	The mortgage shall extand to the building on the mortgaged land, in cases where there is a special provision that the mortgage extends to the building on the mortgage land.	riteval_H24_en.xml
0	H24-19-1	N	"Article 423
(1) An obligee may exercise the right of the obligor (hereinafter referred to as the ""subrogor's right"") when it is necessary to do so in order to preserve the obligee's own claim; provided, however, that this does not apply to rights which belong exclusively to and are personal to the obligor or rights which are immune from attachment.
(2) The obligee may not exercise the subrogor's right unless and until the obligee's claim becomes due;provided, however, that this does not apply to an act of preservation.
(3) The obligee may not exercise the subrogor's right if the obligee's claim is not enforceable by compulsory execution."	In cases where the obligee (C) exercises the credit of sale value vested in the obligor (A) against (B), and filing the action regarding to the credit, if the upholding judgement of the action is established, the credit is deemed to extinguish by the performance	riteval_H24_en.xml
0	H24-20-A	Y	"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 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."	No contract for revolving guarantee on loans shall be effective unless it is made in writing.	riteval_H24_en.xml
0	H24-20-I	N	"Article 465-3
(1) If a contract for revolving guarantee by an individual under which the scope of the principal obligation includes an obligation to be borne as a result of loans or receiving a discount of a negotiable instrument (hereinafter referred to as a ""loan obligation""; and this contract is hereinafter referred to as a ""contract for revolving guarantee by an individual for loans"") provides for the date on which the principal of the principal obligation should be crystallized (hereinafter referred to as the ""principal crystallization date""), and it also provides that the principal crystallization date is to fall on or after the day on which five years have passed after the day of the conclusion of the contract for the revolving guarantee by an individual for loans, the provisions concerning the principal crystallization date do not become effective.
(2) If a contract for revolving guarantee by an individual for loans does not provide for a principal crystallization date (or if the provisions concerning the principal crystallization date do not become effective pursuant to the provisions of the preceding paragraph), the principal crystallization date is to fall on the day on which three years have passed from the day of the conclusion of the contract for revolving guarantee by an individual for loans.
(3) If a change of the principal crystallization date provided for in a contract for revolving guarantee by an individual for loans is to be effected, and the principal crystallization date as changed falls on a day later than the day on which five years have passed after the day of the change, that change of the principal crystallization date does not become effective;provided, however, that this does not apply if the change of the principal crystallization date is effected within two months immediately preceding the principal crystallization date, and the principal crystallization date as changed falls on a day within five years from the original principal crystallization date.
(4) The provisions of Article 446, paragraphs (2) and (3) apply mutatis mutandis to the provisions concerning a principal crystallization date in a contract for revolving guarantee by an individual for loans and a change thereof (excluding provisions to the effect that the principal crystallization date is to fall on a day within three years from the day of the conclusion of that contract for revolving guarantee by an individual for loans, and any change which is intended to change the principal crystallization date to a day preceding the original principal crystallization date).
Article 2
This Code must be construed so as to honor the dignity of individuals and the essential equality of both sexes."	If three years have elapsed from the day of the conclusion of the relevant contract for a revolving guarantee on loans, the guarantor may request the fixing of the principal of the relevant principal obligation.	riteval_H24_en.xml
0	H24-20-U	Y	"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."	No contract for revolving guarantee on loans shall be effective unless the maximum amount is stipulated.	riteval_H24_en.xml
0	H24-20-E	Y	"Article 465-4
(1) The principal of the principal obligation under a contract for revolving guarantee by an individual is crystallized in the following cases;provided, however, that in the case set forth in item (i), it is crystallized only if the procedure for compulsory execution or enforcement procedure of a security right is commenced:
(i) if an obligee files a petition for compulsory execution or enforcement of any security right for a claim for payment of money with regard to any property of the guarantor;
(ii) if the guarantor receives an order commencing bankruptcy proceeding; or
(iii) the relevant principal obligor or guarantor has died.
(2) Beyond the case prescribed in the preceding paragraph, the principal of the principal obligation under a contract for revolving guarantee by an individual for loans is crystallized in the following cases;provided, however, that in the case set forth in item (i), it is crystallized only if the procedure for compulsory execution or enforcement procedure of a security right is commenced:
(i) if the obligee files a petition for compulsory execution or enforcement of a security right for a claim for payment of money with regard to property of the principal obligor; or
(ii) if the principal obligor receives an order commencing bankruptcy proceeding."	The principal for the principal obligation under a contract for revolving guarantee on loans shall be determined if an obligee has filed a petition for compulsory exection with respect to a claim the subject- matter of which is payment of money on any property of the guarantor, in cases where the proceedings for the compulsory exection have been commenced.	riteval_H24_en.xml
0	H24-20-O	N	"Article 465-4
(1) The principal of the principal obligation under a contract for revolving guarantee by an individual is crystallized in the following cases;provided, however, that in the case set forth in item (i), it is crystallized only if the procedure for compulsory execution or enforcement procedure of a security right is commenced:
(i) if an obligee files a petition for compulsory execution or enforcement of any security right for a claim for payment of money with regard to any property of the guarantor;
(ii) if the guarantor receives an order commencing bankruptcy proceeding; or
(iii) the relevant principal obligor or guarantor has died.
(2) Beyond the case prescribed in the preceding paragraph, the principal of the principal obligation under a contract for revolving guarantee by an individual for loans is crystallized in the following cases;provided, however, that in the case set forth in item (i), it is crystallized only if the procedure for compulsory execution or enforcement procedure of a security right is commenced:
(i) if the obligee files a petition for compulsory execution or enforcement of a security right for a claim for payment of money with regard to property of the principal obligor; or
(ii) if the principal obligor receives an order commencing bankruptcy proceeding."	The principal for the principal obligation under a contract for revolving guarantee on loans shall not be determined even if the relevant principal obligor has died.	riteval_H24_en.xml
0	H24-22-1	N	"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 495
(1) The deposit under the provisions of the preceding Article must be made with the official depository having jurisdiction over the place where the relevant obligation is performed.
(2) If there is no specific provision in laws and regulations with respect to the official depository, the court, at the request of the performer, must designate the depository and appoint a custodian of the thing to be deposited.
(3) A person that has effected a deposit pursuant to the provisions of the preceding Article must notify the obligee of the deposit without delay."	If the lessor refuses to accept the rent by causing the dispute about the completion of the lease of building, the lessee may make the deposit with the official depository having jurisdiction over the domicile of the lessee or the lessor.	riteval_H24_en.xml
0	H24-22-3	Y	"Article 520
If a claim and obligation becomes vested in the same person, such claim is extinguished;provided, however, that this does not apply if such a claim is the subject matter of the right of a third party."	In cases where a mortgage is created with respect to (B)'s land to secure (A)'s claim against B, after that, other mortgage is created with repect to the same to secure (C)' claim against B, if A inherits from B by oneself, the mortgage to secure A's claim shall be extinguished.	riteval_H24_en.xml
0	H24-22-4	Y	"Article 489
(1) If the obligor is liable to pay interest and expenses in addition to principal with respect to one or more obligations (if the obligor bears two or more obligations, limited to when the obligor bears these obligations requiring the same kind of payment or delivery to the same obligee), and the person that performs the obligations makes payment or delivery which is not sufficient to extinguish the obligation in its entirety must be appropriated first to expenses, and then to interest and principal, in this order.
(2) The provisions of the preceding Article apply mutatis mutandis in the case referred to in the preceding paragraph in which the person makes payment or delivery which is not sufficient to extinguish any of expenses, interest or principal in whole."	In cases where the obligor should pay the principal as well as the applicable interest and expenses with respect to one or more obligation(s), if the person who must perform tenders any performance which is not sufficient to extinguish such obligation in its entirety, such performance shall be allocated first to the expense, and then to the interest and principal, in this order.	riteval_H24_en.xml
0	H24-22-5	N	"Article 519
If an obligee manifests the intention to release an obligor from an obligation to that obligor, the obligee's claim is extinguished."	If an obligee manifests his/her intention to release an obligation to the obligor, such obligation shall not be extinguished unless the obligor consents.	riteval_H24_en.xml
0	H24-23-1	Y	"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."	In cases where a guarantor has given a guarantee as entrusted by the principal obligor, if he/she has, without negligence, had a judgment ordering him/her to perform the obligation to the obligee, such guarantor shall have a right to obtain reimbursement from the principal obligor.	riteval_H24_en.xml
0	H24-23-3	Y	"Article 443
(1) If one of the joint and several obligors performs the obligation or otherwise obtains a common discharge in exchange for that obligor's own property, while knowing the existence of other joint and several obligors but without giving notice of the common discharge to the other joint and several obligors, another joint and several obligor has a defense that can be duly asserted against the obligee, the other joint and several obligor may duly assert that defense against the joint and several obligor that obtained the discharge to the extent of the other obligor's share of the obligation. In such a case, if the other joint and several obligor duly asserts a set-off as defense against the joint and several obligor that obtained the discharge, the joint and several obligor may request the obligee to perform the obligation which should have been extinguished due to set-off.
(2) If one of the joint and several obligors that has performed the obligation or otherwise obtained a common discharge in exchange for that obligor's own property, while knowing the existence of other joint and several obligors, fails to give notice of the acquisition of the discharge to the other joint and several obligors, and as a result, another joint and several obligor performs the obligation or performs another act in good faith to obtain discharge in exchange for that obligor's own property, the other joint and several obligor may deem that the act performed to obtain the discharge is valid."	When one joint and several obligor (C) performs his/her obligation without giving to the other joint and several obligor (A) a notice, if A may has a claim vis-a-vis the obligee (B) and may set it off, A may refuse the reimbursement from C.	riteval_H24_en.xml
0	H24-24-U	Y	"Article 533
A party to a bilateral contract may refuse to perform that party's own obligation until the other party tenders the performance of that other party's obligation (including the performance of an obligation to compensate for loss or damage in lieu of the performance of an obligation);provided, however, that this does not apply if the obligation of the other party is not yet due."	With respect to the contract for sales of a land, the obligation that the seller registers the transfer of ownership and the buyer's obligation of payment shall have the relationship of simutaneous performances.	riteval_H24_en.xml
0	H24-25-1	Y	"Article 587
A loan for consumption becomes effective when a first party receives money or any other thing from a second party, having promised to return a thing of the same type, quality, and quantity."	Properties other than money may be made the subject of a loan for consumption.	riteval_H24_en.xml
0	H24-25-5	Y	"Article 589
(1) In the absence of any special agreement, the lender may not demand interest from the borrower.
(2) If there is any special agreement referred to in the preceding paragraph, the lender may demand from the borrower interest that accrues from the day on which the borrower receives the thing such as money."	The pre-contract of a loan for consumption shall lose its effect if a ruling for the commencement of bankruptcy procedures is subsequently made against one of the parties.	riteval_H24_en.xml
0	H24-27-A	N	"Article 634
In the following cases, if the party ordering work receives any benefit from the performance of any divisible portion of the outcome of the work that the contractor has already completed, that portion is deemed to be the completed work; in this case, the contractor may demand remuneration in proportion to the benefit to be received by the party ordering work:
(i) if the contractor is no longer able to complete the work due to any grounds not attributable to the party ordering work; or
(ii) if the contract for work is cancelled before the completion of work.
Article 536
(1) If the performance of an obligation becomes impossible due to grounds not attributable to either party, the obligee may refuse to perform counter-performance.
(2) If the performance of an obligation becomes impossible due to grounds attributable to the obligee, the obligee may not refuse to complete counter-performance. In such a case, if the obligor benefits from being released from that obligation, the obligor must reimburse the obligee for the benefit."	If the contract for work terminates during performance due to reasons not attributable to the  contractor, he/she may demand remuneration in proportion to the performance already completed.	riteval_H24_en.xml
0	H24-27-I	Y	"Article 641
The party ordering work may cancel the contract at any time whilst the contractor has not completed the work by paying compensation for loss or damage."	The party ordering work may cancel the contract at any time whilst the contractor has not completed the work by compensating any damages.	riteval_H24_en.xml
0	H24-27-E	Y	"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."	Even if there is any defect in the subject matter of work performed, the party ordering the work may not demand that the contractor repair the defect, in the cases where the defect is not significant and excessive costs would be required for the repair.	riteval_H24_en.xml
0	H24-27-O	N	"Article 637
(1) In the case prescribed in the main clause of the preceding Article, if the party ordering work fails to notify the contractor of the non-conformity to the terms of the contract within one year from the time when the party becomes aware of it, the party ordering work may not demand cure of the non-conformity of performance, demand a reduction of the remuneration, claim compensation for loss or damage, or cancel the contract.
(2) The provisions of the preceding paragraph do not apply if the contractor knew or did not know due to gross negligence the non-conformity referred to in that paragraph at the time when the contractor delivers the subject matter of work (in the case of the subject matter of work that is not required to be delivered, when the work is finished)."	Where delivery of the subject matter is required, the demand for repair must be made within one year from the time of the delivery of the subject matter of the work.	riteval_H24_en.xml
0	H24-28-1	Y	"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."	If the parties do not define the time of return, a borrower may terminate a money loan for consumption without charging any interest by returning the borrowed money at any time.	riteval_H24_en.xml
0	H24-28-2	Y	"Article 597
(1) If the parties specify a period of a loan for use, the loan for use is terminated upon the expiration of the period.
(2) If the parties do not specify a period of a loan for use, but they specify the purpose of using and making profit from the borrowed thing, the loan for use is terminated when the borrower finishes using and making profit from the thing in line with the purpose.
(3) A loan for use is terminated upon the death of the borrower."	A loan for use shall terminate when a borrower dies.	riteval_H24_en.xml
0	H24-28-3	N	"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."	If a lease contract is canceled, the lease shall terminate retroactively as of the time of the conclusion of the contract.	riteval_H24_en.xml
0	H24-28-4	N	"Article 679
Beyond the cases referred to in the preceding Article, partners withdraw on the following grounds:
(i) the partner dies;
(ii) the partner is subject to an order commencing bankruptcy proceeding;
(iii) the partner is subject to a decision for the commencement of guardianship;
(iv) the partner has been expelled."	Even in cases where the duration of the partnership is specified, if a partner dies, an heir of the partner may withdraw from the partnership.	riteval_H24_en.xml
0	H24-28-5	Y	"Article 663
(1) If the parties have not specified the timing of the return of the bailed thing, the bailee may return the same at any time.
(2) If the timing of the return is specified, the bailee may not return the deposited thing prior to the due date unless there is a compelling reason to do so."	If the parties have not specified the timing of the return of the Thing deposited, the depositary who has undertaken a deposit gratuitously may return the same and terminate the contract at any time.	riteval_H24_en.xml
0	H24-29-1	N	"Article 712
If a minor has inflicted damage on another person but did not have sufficient intellectual capacity to appreciate their own liability for that act, that minor is not liable to compensate for that act."	A plaintiff shall prove that the opponent has responsibility capacity at the time of the tortious act to claim compensation of damages by a tort of a minor.	riteval_H24_en.xml
0	H24-29-3	N	"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."	Parents of a person who died by a tort may claim compensation for their own mental damages against a wrongdoer.	riteval_H24_en.xml
0	H24-30-1	N	"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."	In cases where an obligee A demands performance of a guarantee obligation which is not joint and several guarantee from a guarantor B in a lawsuit, A shall prove that he/she had demanded perfomance from a principal as revived cause of action.	riteval_H24_en.xml
0	H24-30-2	N	"Article 633
Remuneration must be paid simultaneously with delivery of the subject matter of work performed;provided, however, that if no delivery of a thing is required, the provisions of Article 624, paragraph (1) apply mutatis mutandis."	In the cases where delivery of the subject matter of a contract for work between A and B is required, if a contractor A intends to claim remuneration against a party ordering B, A shall prove that the subject matter of a contract has been delivered as revived cause of action.	riteval_H24_en.xml
0	H24-30-3	N	"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."	In cases where A claims purchase money of movables in a lawsuit, A shall prove that A tendered the delivery of the subject matter as revived cause of action.	riteval_H24_en.xml
0	H26-1-E	Y	"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."	The family court may order the commencement of curatorship without the consent of the person in question.	riteval_H26_en.xml
0	H26-1-G	Y	"Article 13
(1) A person under curatorship must obtain the consent of the curator in order to perform any of the following acts;provided, however, that this does not apply to an act provided for in the proviso of Article 9:
(i) receiving or using any property producing civil fruit;
(ii) borrowing money or guaranteeing an obligation;
(iii) performing an act with the purpose of acquiring or losing any right regarding immovables or other significant property;
(iv) suing any procedural act;
(v) giving a gift, reaching a settlement, or entering into an arbitration agreement (meaning an arbitration agreement as provided in Article 2, paragraph (1) of the Arbitration Act (Act No. 138 of 2003));
(vi) accepting or renouncing a succession or dividing an estate;
(vii) refusing an offer of a gift, renouncing a legacy, accepting an offer of gift with burden, or accepting a legacy with burden;
(viii) constructing a new building, renovating, expanding, or undertaking major repairs;
(ix) granting a lease for a term that exceeds the period set forth in Article 602; or
(x) performing any of the acts set forth in the preceding items as a legal representative of a person with qualified legal capacity (meaning a minor, adult ward, or person under curatorship or a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1); the same applies hereinafter).
(2) At the request of a person as referred to in the main clause of Article 11
or the curator or curator's supervisor, the family court may decide that the person under curatorship must also obtain the consent of the curator before performing an act other than those set forth in each of the items of the preceding paragraph;provided, however, that this does not apply to an act provided for in the proviso to Article 9.
(3) If the curator does not consent to an act for which the person under curatorship must obtain the curator's consent even though it is unlikely to prejudice the interests of the person under curatorship, the family court may grant permission that operates in lieu of the curator's consent at the request of the person under curatorship.
(4) An act for which the person under curatorship must obtain the curator's consent is voidable if the person performs it without obtaining the curator's consent or a permission that operates in lieu of it."	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.	riteval_H26_en.xml
0	H26-1-I	Y	"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)."	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.	riteval_H26_en.xml
0	H26-2-A	Y	"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 cases any third party commits any fraud inducing any person to make a manifestation of intention to the other party, such manifestation of intention may be rescinded if the other party knew such fact.
On the other hand, in cases any third party commits any duress inducing any person to make a manifestation of intention to the other party, such manifestation of intention may be rescinded even if the other party did not know such fact."	riteval_H26_en.xml
0	H26-2-G	Y	"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."	Any person may assert a manifestation of intention is not only void by a mistake but also rescinded by fraud if he/she made the manifestation of intention by a mistake in any element of the juristic act in question which the other party induced by fraud.	riteval_H26_en.xml
0	H26-3-G	Y	"Article 104
An agent appointed by mandate may not appoint a subagent unless the authorization of the principal is obtained or there is a compelling reason to do so."	A privately appointed agent may appoint its sub-agent if the authorization of the principal is obtained or there is an unavoidable reason to do so.	riteval_H26_en.xml
0	H26-4-G	N	"Article 113
(1) A contract concluded by a person who acts as the agent of another person but has no authority to represent does not bind the principal unless the principal ratifies it.
(2) The ratification or refusal to ratify may not be duly asserted against the counterparty unless it is made to that counterparty;provided, however, that this does not apply if the counterparty has come to know the ratification or refusal to ratify."	Even if a principal ratified the act of unauthorized agency against the unauthorized agent, the principal may not assert the ratificatoin vis-a-vis even the unauthorized agent.	riteval_H26_en.xml
0	H26-5-C	Y	"Article 140
When a period is provided for in days, weeks, months, or years, the first day of the period is not included in the computation;provided, however, that this does not apply when the period commences at twelve midnight."	In cases of calculation of the period of prescription, the first day of the period shall not be included for the purpose of the calculation unless the sases where the period commences at twelve midnight.	riteval_H26_en.xml
0	H26-6-A	Y	"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."	The extinctive prescription of claims assigned unspecified due date commences to run when the obligee becomes aware of the arrival of such time limit.	riteval_H26_en.xml
0	H26-10-1	Y	"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."	"A library of a university A has a book ""P"", and a professor B borrowes the same and uses his/her office in the same campus.
In cases where a third party C steals and possesses ""P"" during B's absence to go abroad on business trip, B may claim for the restoration of ""P"" by bringing an action for recovery of possession against C."	riteval_H26_en.xml
0	H26-10-2	Y	"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."	"A library of a university A has a book ""P"", and a professor B borrowes the same and uses his/her office in the same campus.
D stole ""P"" the moment B took his/her eyes, in addition, D sold and delivered ""P"" to E under false ownership.
Even if ""P"" is stamped the ownership mark by the library, and E thinks that D embezzled ""P"", B may not claim for the restoration of ""P"" by bringing an action for recovery of possession against E."	riteval_H26_en.xml
0	H26-10-3	N	"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."	"A library of a university A has a book ""P"", and a professor B borrowes the same and uses his/her office in the same campus.
In the case where B left ""P"" in a train on the way home, and F found and possesses the same, B may claim for the restoration of ""P"" by bringing an action for recovery of possession against F."	riteval_H26_en.xml
0	H26-11-A	N	"Article 374
(1) The order of priority of mortgages may be changed with the agreement of all mortgagees;provided, however, that if there are interested persons, the consent of the same must be obtained.
(2) The changes in order referred to in the preceding paragraph do not become effective unless registered."	The order of priority of mortgages may be changed only with the agreement of all mortgagees; provided, however, the changes may not be asserted against third parties unless registered.	riteval_H26_en.xml
0	H26-11-E	N	"Article 375
(1) If a mortgagee has the right to demand periodic payments including interest, that mortgagee may exercise the mortgage solely with respect to payments of the last two years before maturity;provided, however, that with respect to prior periodic payments, if special registration is effected after maturity, the mortgagee is not precluded from exercising the mortgage as from the time of that registration.
(2) If the mortgagee has the right to claim compensation for loss or damage resulting from defaults in obligations, the provisions of the preceding paragraph also apply mutatis mutandis to the loss or damage of the most recent two years;provided, however, that the aggregate period including the interest and other periodic payments may not exceed two years."	If they created, by an establishing act, their mortgagees which secured the entire amount of periodic payments including interest, mortgagees may exercise their mortgages in prior to other obligees in accordance with act of establishment.	riteval_H26_en.xml
0	H26-11-G	Y	"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.
Article 176
The creation and transfer of a real right becomes effective solely by the manifestations of intention of the parties."	In a sale, the ownership of the subject matter transfers at the time of formation of the contract in principle, but the relevant parties may stipulate that the ownership is transferred at other time.	riteval_H26_en.xml
0	H26-11-I	N	"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."	Pledgees of immovable property may not use and receive the profits from the immovable property that is the subject matter of a pledge unless he/she obtains the consent of the pledgor.	riteval_H26_en.xml
0	H26-12-A	Y	"Article 209
(1) An owner of land may request the use of the neighboring land to the extent necessary for constructing or repairing walls or buildings on or in the vicinity of the boundary;provided, however, that the owner may not enter the dwelling house of the neighbor without the approval of the same.
(2) In the case referred to in the preceding paragraph, if the neighbor sustained damage, the neighbor may claim compensation."	An owner of land may request the use of the neighboring land to the extent necessary for constructing or repairing walls or buildings on or in the vicinity of the boundary; provided, however, that, if the neighbor sustained damages, the owner must pay compensation for the same.	riteval_H26_en.xml
0	H26-12-C	Y	"Article 213
(1) If the partition of land creates a parcel of land that has no access to public roads, the owner of that parcel of land may pass to the public roads only through the lands owned by another person that participated in the partition.In this case, it is necessary to pay compensation.
(2) The provisions of the preceding paragraph apply mutatis mutandis if the owner of land transfers part of the land to another person."	"If the partition of land creates a parcel of land that has no access to public roads, the owner of such parcel of land may pass to the public roads only through the lands owned by others who participated in the partition.
In such cases, it shall not be necessary to pay compensation."	riteval_H26_en.xml
0	H26-12-E	N	"Article 218
A landowner may not install a roof or other structures that discharge rainwater directly onto neighboring land."	A landowner may install a roof that discharges rainwater directly onto neighboring land if there are unavoidable reasons; provided, however, if a neighbor suffers damage, the landowner must pay compensation for the same.	riteval_H26_en.xml
0	H26-12-G	N	"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."	Even in cases where a building must be constructed 50 centimeters or more distant away from the boundary line, the owner of the neighboring land may not have construction suspended or changed when a person attempts to construct a building in contact with the boundary.	riteval_H26_en.xml
0	H26-12-I	N	"Article 233
(1) If a tree or bamboo branch from neighboring land crosses a boundary line, the landowner may have the owner of that tree or bamboo sever that branch.
(2) If a tree or bamboo root from neighboring land crosses a boundary line, the owner of the land may sever that root."	If a tree or bamboo branch from neighboring land crosses a boundary line, the landowner may sever that branch and claim reimbursement of those costs from the owner of the neighboring land.	riteval_H26_en.xml
0	H26-13-A	N	"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."	The Statutory Lien cannot be created by agreement between obligee and obligor; however, the Rights of Retention may be created by agreement between obligee and obligor.	riteval_H26_en.xml
0	H26-13-E	Y	"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 a holder of a right of retention leased the Thing retained unless he/she obtains the consent of the obligor, the obligor may demand that the right of retention be extinguished.	riteval_H26_en.xml
0	H26-13-G	Y	"Article 300
The exercise of a right of retention does not preclude the running of extinctive prescription of claims."	If the contractor refuses to deliver of the subject matter of work performed, based on the right of retention that the secured claim is the claim of remuneration against the party ordering the work, the running of extinctive prescription of the claim of remuneration shall not be preclude.	riteval_H26_en.xml
0	H26-13-I	N	"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."	A holder of a right of retention may exercise against Things including monies that the obligor is to receive as a result of the loss of the subject matter.	riteval_H26_en.xml
0	H26-14-E	Y	"Article 378
If a third party that purchases the ownership or superficies of a mortgaged immovables pays the price of the same to a mortgagee at the request of the same mortgagee, that mortgage is terminated for the benefit of that third party."	If a third party who purchases a Mortgaged Immovable Properties pay the price of the same to the relevant mortgagee at the request of the mortgagee, the mortgage shall be extinguished for the benefit of that third party.	riteval_H26_en.xml
0	H26-14-G	N	"Article 397
If a person that is neither an obligor nor a mortgagor has possessed the mortgaged immovables in complete conformity with the requirements for acquisitive prescription, the mortgage is extinguished thereby.
Article 162
(1) A person that possesses the property of another for 20 years peacefully and openly with the intention to own it acquires ownership thereof.
(2) A person that possesses the property of another for 10 years peacefully and openly with an intention to own it acquires ownership thereof if the person was acting in good faith and was not negligent at the time when the possession started."	If twenty years has elapsed from the time when it becomes possible to execute the mortgage, a mortgagor may assert the extinction of the mortgage by prescription.	riteval_H26_en.xml
0	H26-14-I	Y	"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."	In case where B holds the mortgage ranked first and C holds the mortgage ranked second with respect to a building belonging to Aeven if B purchases the building from A, the mortgage ranked first shall not be extinguished.	riteval_H26_en.xml
0	H26-16-A	N	"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.
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."	In cases where the subject of sale, wine, is specified only with reference to a type, and the delivery of wine is effected at the domicile of the buyer; in case the buyer refuses to accept the performance even though the seller brings wine to the domicile of the buyer with the main purport of the obligationeven if the seller has intentionally lost wine after that, he/she shall not be liable for damages for failure to perform the obligation of delivery of wine.	riteval_H26_en.xml
0	H26-16-C	Y	"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 401
(1) If the object of a claim is designated only with reference to a type and its quality cannot be determined in light of the nature of the juridical act or intention of the parties, the obligor must deliver a thing of medium quality.
(2) In the case referred to in the preceding paragraph, if the obligor has completed the acts necessary to deliver the thing, or has designated the thing the obligor is to deliver with the consent of the obligee, that thing thenceforth constitutes the subject matter of the claim."	In cases where the subject of sale, wine, is specified only with reference to a type, and the delivery of wine is effected at the domicile of the buyer; in case the buyer refuses to accept the performance even though the seller brings wine to the domicile of the buyer with the main purport of the obligationif the wine has been lost due to destruction of warehouse by arson by a third party after that, the seller shall be relieved of the obligation of delivery of wine.	riteval_H26_en.xml
0	H26-16-E	Y	"Article 536
(1) If the performance of an obligation becomes impossible due to grounds not attributable to either party, the obligee may refuse to perform counter-performance.
(2) If the performance of an obligation becomes impossible due to grounds attributable to the obligee, the obligee may not refuse to complete counter-performance. In such a case, if the obligor benefits from being released from that obligation, the obligor must reimburse the obligee for the benefit."	In cases where the subject of sale, wine, is specified only with reference to a type, and the delivery of wine is effected at the domicile of the buyer; in case the buyer refuses to accept the performance even though the seller brings wine to the domicile of the buyer with the main purport of the obligationif the wine has been lost due to negligence of the buyer after that, the buyer shall not be relieved of the obligation of payment of purchase money.	riteval_H26_en.xml
0	H26-16-I	Y	"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.
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."	In cases where the subject of sale, wine, is specified only with reference to a type, and the delivery of wine is effected at the domicile of the buyer; in case the buyer refuses to accept the performance in advancewhen the seller demands the acceptance thereof by a giving a notice that tender of the performance has been preparedeven if the seller brings wine to the domicile of the buyer with the main purport of the obligationhe/she shall not be liable for damages for failure to perform the obligation of delivery of wine.	riteval_H26_en.xml
0	H26-17-C	N	"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."	To demand the Rescission of Fraudulent Act must require that the obligor commits a juristic act with the intention to prejudice the obligee.	riteval_H26_en.xml
0	H26-18-1	Y	"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."	In cases where B, C and D bears a joint and several obligation of 3 million yen to A and where each of them have the equally proportionate obligations; even if A requests for performance to B, the prescription shall not be nullified with respect to C and D, who do not know that fact.	riteval_H26_en.xml
0	H26-18-2	N	"Article 434
If the obligor has a claim against one of the joint and several obligees, and the obligor invokes a set-off, the set-off becomes effective against other joint and several obligees as well."	In cases where B, C and D bears a joint and several obligation of 3 million yen to A and where each of them have the equally proportionate obligations; even if B effected the set-off intended to invoke his/her monetary claim against A, the set-off shall be void vis-a-vis C and D.	riteval_H26_en.xml
0	H26-18-4	Y	"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."	In cases where B, C and D bears a joint and several obligation of 3 million yen to A and where each of them have the equally proportionate obligations; even if the prescription is completed with respect to B, C and D shall bear a joint and several obligation of 3 million yen to A.	riteval_H26_en.xml
0	H26-19-A	N	"Article 447
(1) The guarantee obligation includes interest, penalty and compensation for loss or damage in connection with the principal obligation, and all other charges secondary to that obligation.
(2) A guarantor may stipulate the amount of penalty or compensation for loss or damage with regard to the guarantor's own guarantee obligation only."	In cases where the contract of guarantee between C and B is concluded with respect to monetary debt of A against B; if the penalty about the debt of A against B is not provided, C may not stipulate penalty with regard to the contract of guarantee between C and B.	riteval_H26_en.xml
0	H26-19-C	Y	"Article 449
If a guarantor that guarantees an obligation which may be voidable due to the principal obligor's limited capacity to act, is aware, at the time of entering into a guarantee contract, of the cause for its voidability, that guarantor is presumed to have assumed an independent obligation of the same subject matter in the event of non-performance by the principal obligor or rescission of the obligation."	In cases where the contract of guarantee between C and B is concluded with respect to monetary debt of A against B; in the case A is a minor and assumed the obligation against B without consent of the legal representative, C was aware, at the time of entering into a contract gurantee, of such fact, C shall be presumed to have assumed an independent obligation of the same subject in the event of rescission of the obligation of A.	riteval_H26_en.xml
0	H26-19-E	Y	"Article 463
(1) If a guarantor gives guarantee as requested by the principal obligor and performs an act for extinguishment of obligation without giving prior notice to the principal obligor, the principal obligor may assert against the guarantor any defense that could have been asserted against the obligee. In such a case, if the principal obligor asserts a set-off against the guarantor, the guarantor may request the obligee to perform the obligation which should have been extinguished due to the set-off.
(2) If a guarantor gives guarantee as requested by the principal obligor and performs an act for extinguishment of obligation in good faith because of the principal obligor's failure to notify the guarantor of the principal obligor's performance of an act for extinguishment of obligation, the guarantor may deem that the guarantor's own act for extinguishment of obligation is valid.
(3) If the principal obligor performs an act for extinguishment of obligation after the guarantor has performed an act for extinguishment of obligation, the principal obligor may deem that the guarantor's own act for extinguishment of obligation is valid, not only if the guarantor has given guarantee against the will of the principal obligor but also if the principal obligor has performed an act for extinguishment of obligation in good faith because of the guarantor's failure to notify the principal obligor of the guarantor's performance of act for extinguishment of obligation."	In cases where the contract of guarantee between C and B is concluded with respect to monetary debt of A against B; in case the amount of the monetary debt of A against B is 5 million yen and C has become a guarantor as entrusted by A, after that, A thought he/she was going to set off his/her obligation against his/her claim of 3 million yen against Bwhen C performs his/her obligation without giving to A  a notice, A may refuse reimbursement of 5 million yen from C to the extent of 3 million yen by asserting that A could set off.	riteval_H26_en.xml
0	H26-19-G	Y	"Article 462
(1) The provisions of Article 459-2, paragraph (1) apply mutatis mutandis if a person, that has given guarantee without the request of the principal obligor, performs an act for extinguishment of obligation.
(2) A person that has become a guarantor against the will of the principal obligor has the right to reimbursement only to the extent currently enriched.In this case, if the principal obligor asserts to have grounds for set-off against the obligee prior to the day of the demand for reimbursement, the guarantor may demand that the obligee perform the obligation which would have been extinguished by that set-off.
(3) The provisions of Article 459-2, paragraph (3) apply mutatis mutandis to the exercise of the right to reimbursement if the guarantor referred to in the preceding two paragraphs performs an act for extinguishment of obligation before the due date of the principal obligation."	In cases where the contract of guarantee between C and B is concluded with respect to monetary debt of A against B; when C, who has become a guarantor against the will of A, has performed the obligation, C shall have the right to obtain reimbursement only to the extent that A is actually enriched.	riteval_H26_en.xml
0	H26-20-1	Y	"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."	In case where the obligee refuses to accept such performance although a third party who has interest in an obligation tenders the performancehe/she may deposit the subject-matter of the performance with an official depository even if it is contrary to the intention of the obligor.	riteval_H26_en.xml
0	H26-20-2	N	"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."	If the obligor is unable to ascertain the obligeethe obligor may deposit the subject-matter of the performance with an official deposit, regardless of any negligence on the part of the obligor.	riteval_H26_en.xml
0	H26-20-3	N	"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 case where the obligor deposits the subject-matter of the performance with an official depository, the obligation shall not be extinguished unless the obligee accepts the relevant deposited property.	riteval_H26_en.xml
0	H26-20-4	N	"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 the obligor depositedhe/she mya not recover the deposited property without the consent of the obligee.	riteval_H26_en.xml
0	H26-20-5	Y	"Article 498
(1) If the property that is the subject matter of performance or the proceeds referred to in the preceding Article are deposited, the obligee may demand the return of the deposited thing.
(2) If the obligor is to effect performance in exchange for payment or delivery by the obligee, the obligee may not receive deposited thing without making that payment or delivery."	In cases where the obligor who has effected a deposit may assert defense for simultaneous performancethe obligee must tender his/her performance in return to the obligor, in order to accept the relevant deposited property.	riteval_H26_en.xml
0	H26-22-1	N	"Article 549
Gifts become effective by the manifestation of intention by one of the parties to give a certain property to the other party gratuitously, and the acceptance of the other party thereof."	Gifts is unilateral juristic act formed by the manifestation to give own property to the other party gratuitously.	riteval_H26_en.xml
0	H26-22-2	N	"Article 550
Gifts not in writing may be cancelled by either party;provided, however, that this does not apply to a portion of the gift for which performance has been completed."	Gifts not in writing may also be revoked with respect to any portion of the gift for which performance has been completed.	riteval_H26_en.xml
0	H26-22-3	Y	"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."	Until the completion of the delivery of a specific thing, the donor shall assume a duty to take custody of such property with due care of a prudent manager.	riteval_H26_en.xml
0	H26-22-4	N	"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."	If there is any defect in the specific gift, the donor shall assume a warranty identical to that borne by the seller.	riteval_H26_en.xml
0	H26-23-A	N	"Article 574
If price is to be paid simultaneously with delivery of the subject matter of a sale, payment must be made at the place of delivery.
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."	Even if the delivery of the subject matter of the sale is received prior to the purchase money, the payment must be made at the place of delivery.	riteval_H26_en.xml
0	H26-23-E	Y	"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."	If any mortgage, statutory lien or pledge is registered on immovable property that has been purchased, the buyer may refuse to pay the purchase money until the completion of the procedures of the claim for extinguishment of the morgage, the statutory lien or the pledge.	riteval_H26_en.xml
0	H26-23-G	N	"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."	When the buyer delivers earnest money to the sellerif the seller cancels the contract by reimbursing twice its amountit shall be sufficient if he/she demands the acceptance thereof by giving an oral notice that he/she reimburses twice the amount of the earnest money.	riteval_H26_en.xml
0	H26-24-A	N	"Article 598
(1) In the case prescribed in paragraph (2) of the preceding Article, upon the passage of a period that is sufficient for the borrower to use and make profit from the borrowed thing in line with the purpose referred to in that paragraph, the lender may cancel the contract.
(2) If the parties do not specify a period of a loan for use or a purpose of using and making profit from the borrowed thing, the lender may cancel the contract at any time.
(3) The borrower may cancel the contract at any time."	If the parties have not specified the timing of the return and the purposes of the using and taking profits, the lender may not demand the return of the subject matter of the loan for use unless the lender demands the return, specifying a reasonable period.	riteval_H26_en.xml
0	H26-24-E	Y	"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."	In the case where the lender knew that there is any latent defect in the subject matter of a loan for usehe/she is released from the warranty against defects if he/she disclosed its existence to the borrower.	riteval_H26_en.xml
0	H26-24-G	Y	"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."	A borrower must retain the subject matter of the loan for use with the care of a good manager.	riteval_H26_en.xml
0	H26-24-I	N	"Article 597
(1) If the parties specify a period of a loan for use, the loan for use is terminated upon the expiration of the period.
(2) If the parties do not specify a period of a loan for use, but they specify the purpose of using and making profit from the borrowed thing, the loan for use is terminated when the borrower finishes using and making profit from the thing in line with the purpose.
(3) A loan for use is terminated upon the death of the borrower."	If the borrower dies, his/her heir shall succeed the right to make use of and take the profits of the borrowed Thing as a borrower.	riteval_H26_en.xml
0	H26-25-2	Y	"Article 587
A loan for consumption becomes effective when a first party receives money or any other thing from a second party, having promised to return a thing of the same type, quality, and quantity.
Article 589
(1) In the absence of any special agreement, the lender may not demand interest from the borrower.
(2) If there is any special agreement referred to in the preceding paragraph, the lender may demand from the borrower interest that accrues from the day on which the borrower receives the thing such as money."	If the parties do not stipulate interest, a loans for consumption under the civil code shall become a loan for consumption without interest.	riteval_H26_en.xml
0	H26-25-3	Y	"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."	If there is any latent defect in any borrowed Thing in a loan for consumption with interest, the lender must replace it with another Thing without defect.	riteval_H26_en.xml
0	H26-25-4	N	"Article 587-2
(1) Notwithstanding the provisions of the preceding Article, a loan for consumption made in writing becomes effective when a first party promises to deliver money or any other thing and a second party promises to return a thing of the same type, quality, and quantity as the thing delivered.
(2) The borrower of a loan for consumption made in writing may cancel the contract until the borrower receives the money or other thing from the lender. In such a case, if the lender sustains any damage from the cancellation of the contract, the lender may claim compensation therefor.
(3) A loan for consumption made in writing ceases to be effective if either of the parties receives an order commencing bankruptcy proceedings before the borrower receives the thing such as money from the lender.
(4) If a loan for consumption is made by means of an electronic or magnetic record in which its content is recorded, the loan for consumption is deemed to have been made in writing, and the provisions of the preceding three paragraphs apply thereto."	The pre-contract of a loan for consumption shall not lose its effect if a ruling for the commencement of bankruptcy procedures is subsequently made against the borrower.	riteval_H26_en.xml
0	H26-25-5	Y	"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 borrower may return borrowed Things ealier than the time specified in the contract; however, that may not prejudice the interestof the lender.	riteval_H26_en.xml
0	H26-27-A	Y	"Article 697
(1) A person that has begun to manage a business for another person without being obligated to do so (hereinafter in this Chapter referred to as a ""manager"") must manage that business, in accordance with the nature of the business, in the way that best suits the interests of the principal (hereinafter referred to as ""benevolent intervention in another's business"").
(2) A manager must engage in benevolent intervention in another's business in accordance with the intentions of the principal if the manager knows, or is able to conjecture that intention.
Article 701
The provisions of Article 645
through Article 647
apply mutatis mutandis to the benevolent intervention in another's business.
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."	In cases where A found a collared dog whose owner is unknown, and took care of it for the unknown owner; if A took the dog to his/her house and takes care of it, he/she may not demand remuneration from the owner of the dog.	riteval_H26_en.xml
0	H26-27-C	N	"Article 698
If a manager engages in benevolent intervention in another's business in order to allow a principal to escape imminent danger to the principal's person, reputation, or property, the manager is not liable to compensate for damage resulting from this unless the manager has acted in bad faith or with gross negligence."	In cases where A found a collared dog whose owner is unknown, and took care of it for the unknown owner; if A took the dog to his/her house and takes care of it, it shall be sufficient if he/she takes care of it exercising care identical to that he/she exercises for his/her own property.	riteval_H26_en.xml
0	H26-27-E	N	"Article 701
The provisions of Article 645
through Article 647
apply mutatis mutandis to the benevolent intervention in another's business.
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 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."	"In cases where A found a collared dog whose owner is unknown, and took care of it for the unknown owner; A took the dog to his/her house and took care of it, then the dog pushed down a vase on a shoe cupboard and broke it.
In this case, if A was free from any negligence, A may claim compensation for the loss from the owner of the dog."	riteval_H26_en.xml
0	H26-27-I	Y	"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 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 A found a collared dog whose owner is unknown, and took care of it for the unknown owner; because the dog was injured when A found it, A had a veterinarian heal it and paid the fee.
If the owner subsequently claims for the restoration of the dog, A may refuse to deliver the dog until A obtains reimbursement of the fee A paid."	riteval_H26_en.xml
0	H26-29-2	Y	"Article 717
(1) If a defect in the installation or preservation of a structure on land causes damage to another person, the possessor of that structure is liable to the person incurring damage to compensate for the damage;provided, however, that if the possessor has exercised the necessary care to prevent the damage, the owner must compensate for the damage.
(2) The provisions of the preceding paragraph apply mutatis mutandis if there is a defect in the planting or supporting of bamboo or trees.
(3) In the cases referred to in the preceding two paragraphs, if there is another person that is liable for the cause of the damage, the possessor or owner may exercise their right to reimbursement against that person."	In case where any defect in the installation or preservation of any structure on land causes damages to A, when the possessor B has used necessary care to prevent the damages arising, the owner C shall be liable to the vicitm A to compensate for his/her damages.	riteval_H26_en.xml
0	H26-36-A	Y	"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 697
(1) A person that has begun to manage a business for another person without being obligated to do so (hereinafter in this Chapter referred to as a ""manager"") must manage that business, in accordance with the nature of the business, in the way that best suits the interests of the principal (hereinafter referred to as ""benevolent intervention in another's business"").
(2) A manager must engage in benevolent intervention in another's business in accordance with the intentions of the principal if the manager knows, or is able to conjecture that intention.
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."	In cases where a person who commences the management of a business for another person without being obligated to do so has incurred useful obligations on behalf of the principalif the obligation has fallen duehe/she may demand that the principal perform the obligation on his/her behalf.	riteval_H26_en.xml
0	H26-36-C	Y	"Article 196
(1) If a possessor returns a thing in the possession thereof, the possessor may have the person recovering the thing reimburse the possessor for the costs the possessor has paid for its preservation and other necessary expenses;provided, however, that if the possessor has acquired fruits, ordinary and necessary expenses are borne by the possessor.
(2) With respect to the costs paid for by a possessor to improve the thing in the possession thereof and other beneficial expenses, the possessor may have the person recovering the thing reimburse the possessor for either the costs the possessor has paid or the amount of the increased value, whichever the person recovering the thing chooses, but only if there is a current increase in value;provided, however, that with regard to a possessor in bad faith, the court may, at the request of the person recovering the thing, grant a reasonable period of time for the same."	Even in cases where a possesor paid ordinary necessary expenses with respect to Thing in his/her possessionhe/she may not have the person recovering the Thing reimburse them if the possessor has acquired fruits.	riteval_H26_en.xml
0	H26-36-E	N	"Article 350
The provisions of Articles 296 through 300 and those of Article 304
apply mutatis mutandis to pledges.
Article 299
(1) If the holder of a right of retention incurs necessary expenses with respect to the thing retained, that holder may have the owner reimburse the same.
(2) If the holder of a right of retention incurs beneficial expenses with respect to the thing retained, to the extent that there is currently an increase in value as a result of the same, that holder may have the expenses incurred or the increase in value reimbursed at the owner's choice;provided, however, that the court may, at the request of the owner, grant a reasonable period of time for the reimbursement of the same."	Even if a pledgee of a movable paid ordinary necessary expenses with respect to the Thing pledged which he/she is in continuous possession ofhe/she may not have the owner reimburse the same.	riteval_H26_en.xml
0	H26-36-G	Y	"Article 299
(1) If the holder of a right of retention incurs necessary expenses with respect to the thing retained, that holder may have the owner reimburse the same.
(2) If the holder of a right of retention incurs beneficial expenses with respect to the thing retained, to the extent that there is currently an increase in value as a result of the same, that holder may have the expenses incurred or the increase in value reimbursed at the owner's choice;provided, however, that the court may, at the request of the owner, grant a reasonable period of time for the reimbursement of the same."	If a holder of a right of retention incurs ordinary necessary expenses with respect to the Thing retained, he/she may have the owner reimburse the same.	riteval_H26_en.xml
0	H26-36-I	N	"Article 391
If a third party acquirer of a mortgaged immovables has incurred necessary or beneficial expenses with respect to the mortgaged immovables, that third party may obtain reimbursement of the same out of the proceeds of the mortgaged immovables prior to other obligees, in accordance with the distinctions in Article 196.
Article 196
(1) If a possessor returns a thing in the possession thereof, the possessor may have the person recovering the thing reimburse the possessor for the costs the possessor has paid for its preservation and other necessary expenses;provided, however, that if the possessor has acquired fruits, ordinary and necessary expenses are borne by the possessor.
(2) With respect to the costs paid for by a possessor to improve the thing in the possession thereof and other beneficial expenses, the possessor may have the person recovering the thing reimburse the possessor for either the costs the possessor has paid or the amount of the increased value, whichever the person recovering the thing chooses, but only if there is a current increase in value;provided, however, that with regard to a possessor in bad faith, the court may, at the request of the person recovering the thing, grant a reasonable period of time for the same."	In cases where a third party acquirer of Mortgaged Immovable Properties has incurred ordinary necessary expenses with respect to the Mortgaged Immovable Properties, even if he/she has acquired fruitshe/she shall be entitled to obtain reimbursement of the same out of the proceeds of the Mortgaged Immovable Properties prior to other obligees.	riteval_H26_en.xml
0	H26-37-A	Y	"Article 34
An not-for-profit association or foundation that is involved in academic activities, art, charity, worship, religion, or any other matter of public interest may be established as a juridical person with the permission of the competent government agency."	A general incorporated association shall have rights and assume duties to the extent of the purpose provided in the applicable articles of incorporation subject to the applicable provisions of the laws and regulations.	riteval_H26_en.xml
0	H26-37-C	N	"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."	Where a juridical person has assigned a nominative claim for payment of money, even if a registration of assignment is made in a claim assignment registration file with regard to the assignment of the claim, the assignment of the claim may not be asserted against a third party other than the obligor, unless the assignor gives a notice thereof to the obligor or the obligor has acknowledged the same using an instrument bearing a fixed date.	riteval_H26_en.xml
0	H26-37-E	Y	"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 Consumer Contract (a contract concluded between a Consumer and a Business Operator), manifestation of intention of Consumer which is induced by fraud of Business Operator may be rescinded.	riteval_H26_en.xml
0	H26-37-G	Y	"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 building lease, when registered, shall also be effective against a person who subsequently acquires real rights with respect to the building, even if the building is not delivered.	riteval_H26_en.xml
0	H27-3-U	N	"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 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 the case where B, who was granted authority of agency to buy a land as an agent of A, concluded a contract for sale of a land ""X"" with C representing that the same is made on behalf of A by the fraud of C to B, A may not rescind the contract for sale."	riteval_H27_en.xml
0	H27-3-E	N	"Article 108
(1) An act that a person performs as an agent of the counterparty or as agent of both parties for the same juridical act is deemed to be an act performed by a person without authority to represent;provided, however, that this does not apply to the performance of an obligation or to an act authorized by the principal in advance.
(2) Beyond what is provided for in the main clause of the preceding paragraph, an act for which the interest of the agent conflicts with the interest of the principal is deemed to be an act performed by a person without authority to represent;provided, however, that this does not apply to an act authorized by the principal in advance."	"In the case where B, who was granted authority of agency to buy a land as an agent of A, was granted authority of agency to sell the land by C, became the agent of C, and concluded a contract for sale of a land ""X"" between A and C, if B notified to both A and C in advance that B was the agent of both parties, the contract for sale binds A and C."	riteval_H27_en.xml
0	H27-5-U	Y	"Article 134
A juridical act subject to a condition precedent is void if the condition is dependent only upon the intention of the obligor."	"Even though A promised B that A would give his/her car ""X"" when A would feel like it, the contract for gifts shall be void."	riteval_H27_en.xml
0	H27-5-E	Y	"Article 128
While it is uncertain whether or not a condition will be fulfilled, a party to a juridical act that is subject to a condition may not prejudice the other party's interests that would arise from the juridical act upon fulfillment of the condition."	"In cases where A promised B that A would give his/her car ""X"" when B would pass a graduation examination of the medical department, if A sells his/her car ""X"" to a third party C, B may claim for the compensation for damages arising from A's act."	riteval_H27_en.xml
0	H27-6-1	N	"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."	In cases where an obligor who is a person under curatorship acknowledge the obligation without the consent of his/her curator, the prescription of the claim shall not be nullified.	riteval_H27_en.xml
0	H27-6-2	Y	"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."	In cases where the obligee assigned a claim to any third party before the lapse of the period of prescription, if the obligor has acknowledged the assignment of a claim to the assignee, the prescription of the claim shall be nullified.	riteval_H27_en.xml
0	H27-11-A	Y	"Article 293
If a servitude holder does not exercise a portion of that holder's rights, only that portion is extinguished by prescription."	If a person entitled to a servitude does not exercise a portion of his/her rights, only that portion shall be extinguished by prescription.	riteval_H27_en.xml
0	H27-11-I	N	"Article 280
A servitude holder has the right to use another person's land for the convenience of their own lands in accordance with purposes prescribed in the act establishing the servitude;provided, however, that this right must not violate the provisions (limited to those that relate to public policy) under Section 1 of Chapter 3 (Extent of Ownership)."	The owner of the dominant land may not assign the servitude apart from the dominant land.	riteval_H27_en.xml
0	H27-11-U	N	"Article 282
(1) One of the co-owners of land may not terminate, with respect to that owner's own interest, a servitude that exists on behalf of or in relation to the land.
(2) If the land is partitioned or a portion thereof is transferred to another person, the servitude exists on behalf of or in relation to the respective portions of the same;provided, however, that this does not apply if the servitude, by its nature, relates only to a portion of the land."	In cases where dominant land is co-owned by more than one person, one of the co-owners of dominant land may renounce his/her own share a servitude that exists on behalf of the land.	riteval_H27_en.xml
0	H27-11-E	Y	"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."	In cases where dominant land is co-owned by more than one person, if there is a interruption of prescription in favor of one co-owner, such interruption shall also be effective for the benefit of other co-owners.	riteval_H27_en.xml
0	H27-11-O	Y	"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."	A servitude may not be established with respect to the land, not neighboring a deminant land, as a servient land.	riteval_H27_en.xml
0	H27-12-E	N	"Article 334
If there is conflict between a statutory lien and a pledge on movables, the pledgee of those movables has the same rights as those of the holder of a statutory lien of the first rank under Article 330.
Article 330
(1) If there are competing special statutory liens against the same movables, the order of priority follows the order set forth below.In this case, if there are two or more preservers with respect to the statutory liens for preservation of movables set forth in item (ii), a new preserver has priority over previous preservers:
(i) statutory liens for leases of immovables, lodging at hotels and transportation;
(ii) statutory liens for the preservation of movables; and
(iii) statutory liens for the sale of movables, the supply of seeds and seedlings or fertilizer, agricultural labor and industrial labor.
(2) In the cases referred to in the preceding paragraph, if a holder of a statutory lien ranked first knew at the time of acquiring the relevant claim of the existence of a holder of a statutory lien of the second or third rank, that holder may not exercise the relevant rights of priority against those persons. The same applies to the exercise against persons that have preserved things on behalf of the holder of a statutory lien of the first rank.
(3) Regarding fruits, the first rank belongs to persons who engage in agricultural labor, the second rank belongs to persons that supply seeds and seedlings or fertilizer, and the third rank belongs to lessors of land."	In cases where a pledge is created with respect to the subject matter of the statutory lien for sale of movables, the statutory lien for sale of movables shall prevail over the pledge.	riteval_H27_en.xml
0	H27-19-I	Y	"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."	If the borrower in loan of consumption of monies tenders any performance which is not sufficient to extinguish the total amount of the principal, the interest and the expense, he/she may designate the principal to which such performance should be allocated before any others, and the designation of the allocation shall be effected unless the lender immediately raises his/her objection.	riteval_H27_en.xml
0	H27-19-U	N	"Article 485
Unless a particular intention is manifested with respect to the expenses of performance, those expenses are borne by the obligor;provided, however, that if the obligee caused the expenses of performance to increase by relocating the domicile thereof or taking any other act, the amount of increase due to this is borne by the obligee."	Unless any other intention is manifested with respect to the expense of performance, such expenses shall be borne equally by both the obligor and the obligee; however, in cases the relevant obligee caused the expense of performance to increase by relocating his/her domicile or taking any other actions, such incremental amount shall be borne by the obligee.	riteval_H27_en.xml
0	H27-19-O	N	"Article 489
(1) If the obligor is liable to pay interest and expenses in addition to principal with respect to one or more obligations (if the obligor bears two or more obligations, limited to when the obligor bears these obligations requiring the same kind of payment or delivery to the same obligee), and the person that performs the obligations makes payment or delivery which is not sufficient to extinguish the obligation in its entirety must be appropriated first to expenses, and then to interest and principal, in this order.
(2) The provisions of the preceding Article apply mutatis mutandis in the case referred to in the preceding paragraph in which the person makes payment or delivery which is not sufficient to extinguish any of expenses, interest or principal in whole."	Unless any other 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 such 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.	riteval_H27_en.xml
0	H27-20-A	N	"Article 511
(1) A third party obligor of a claim which has been attached may not assert sett-off as defense with any claim acquired after the attachment against the attaching obligee, but may duly assert against the same a set-off based using a claim acquired before the attachment.
(2) Notwithstanding the provisions of the preceding paragraph, if a claim acquired after the attachment has arisen from a cause that existed before the attachment, the third party obligor may use that claim for a set-off against the attaching obligee;provided, however, that this does not apply if the third party obligor acquires the claim of another person after the attachment."	"If B who had been enjoined from making payment with respect to A's claim ""X"" against B acquires the claim ""Y"" against A, B may set off the claim ""X"" against the claim ""Y""."	riteval_H27_en.xml
0	H27-20-E	Y	"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 any claim arises from a tortious act, the relevant obligee may assert the set-off against the obligor.	riteval_H27_en.xml
0	H27-21-E	N	"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.
Article 546
The provisions of Article 533
apply mutatis mutandis to the preceding Article.
Article 533
A party to a bilateral contract may refuse to perform that party's own obligation until the other party tenders the performance of that other party's obligation (including the performance of an obligation to compensate for loss or damage in lieu of the performance of an obligation);provided, however, that this does not apply if the obligation of the other party is not yet due."	In cases where, as a result of the cancellation of the contract for sale, each party assumes an obligation to restore the other party to that other party's original position, the obligations of both parties are not related to each other as simultaneous performance.	riteval_H27_en.xml
0	H27-22-1	N	"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.
Article 542
(1) In the following cases, the obligee may immediately cancel the contract without making the demand referred to in the preceding Article:
(i) if the performance of the whole of the obligation is impossible;
(ii) if the obligor unequivocally manifests the intention to refuse to perform the obligation in whole;
(iii) if the performance of part of the obligation is impossible, or if the obligor clearly manifests the intention to refuse to perform part of the obligation and the purpose of the contract cannot be achieved by the performance of the remaining part of the obligation;
(iv) if, due to the nature of the contract or a manifestation of intention by the parties, the purpose of the contract cannot be achieved unless the obligation is performed at a specific time on a specific date or within a certain period of time, and the obligor fails to perform the obligation at that time or before that period of time expires; or
(v) beyond the cases set forth in the preceding items, if the obligor does not perform the obligation and it is obvious that the obligor is unlikely to perform the obligation to the extent necessary to achieve the purpose of the contract even if the obligee makes the demand referred to in the preceding Article.
(2) In the following cases, the obligee may immediately cancel a part of the contract without making the demand referred to in the preceding Article:
(i) the performance of the part of the obligation is impossible; or
(ii) the obligor clearly manifests the intention to refuse to perform the part of the obligation.
Article 543
If non-performance of an obligation is due to grounds attributable to the obligee, the obligee may not cancel the contract under the preceding two Articles."	In the case of a contract for sale of a specified thing, if the performance of the delivery has become impossible due to reason attributable to the seller, the effect of the contract of sale shall be lost by operation of law, then the buyer shall be relieved of liability for payment of the purchase money.	riteval_H27_en.xml
0	H27-22-3	Y	"Article 632
A contract for work become effective when one of the parties promises to complete work and the other party promises to pay remuneration for the outcome of the work."	In the contract for work for the purpose of constructing a building, even if the building under construction has been lost due to reasons not attributable to either party, the contractor may not claim the entire remuneration from the party ordering the work unless he/she contructs any new builidng and complete the work.	riteval_H27_en.xml
0	H27-22-4	Y	"Article 665
The provisions of Articles 646 through 648, Article 649, and Article 650, paragraphs (1) and (2) apply mutatis mutandis to bailments.
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 536
(1) If the performance of an obligation becomes impossible due to grounds not attributable to either party, the obligee may refuse to perform counter-performance.
(2) If the performance of an obligation becomes impossible due to grounds attributable to the obligee, the obligee may not refuse to complete counter-performance. In such a case, if the obligor benefits from being released from that obligation, the obligor must reimburse the obligee for the benefit."	In the contract for deposit for value, if the performance of the obligation to return deposited Thing has become impossible due to reasons not attributable to the depositary, he/she may not claim remuneration from the depositor, with respect to the period after the impossibility of performance of the agreed duration.	riteval_H27_en.xml
0	H27-23-A	Y	"Article 601
A lease becomes effective if one of the parties promises to make a certain thing available for the other party to use and make profit, and the other party promises to pay rent for the leased thing and return the delivered thing when the contract is terminated.
Article 587
A loan for consumption becomes effective when a first party receives money or any other thing from a second party, having promised to return a thing of the same type, quality, and quantity."	In the cases where a lessor is the owner of the subject matter in a contract for lease, the ownership of the subject matter shall not be transfered to the lessee, on the other hand, in the cases where a lender is the owner of the subject matter in a contract for loan for consumption, the ownership of the subject matter shall be transfered to the borrower.	riteval_H27_en.xml
0	H27-23-I	N	"Article 601
A lease becomes effective if one of the parties promises to make a certain thing available for the other party to use and make profit, and the other party promises to pay rent for the leased thing and return the delivered thing when the contract is terminated.
Article 587
A loan for consumption becomes effective when a first party receives money or any other thing from a second party, having promised to return a thing of the same type, quality, and quantity."	"If the parties do not specify the term of a lease, the lessee may request to terminate it at any time.
On the other hand, if the parties do not define the time for return in a loan for consumption, the borrower may request to terminate it any time only in a loan for consumption without interest."	riteval_H27_en.xml
0	H27-23-U	Y	"Article 614
Rent must be paid at the end of the month with respect to movables, buildings and land for residential purpose, and at the end of the year with respect to other land;provided, however, that with respect to anything with a harvest season, the rent must be paid without delay after that season."	Both the timing of payment of rent in a contract for lease and the timing of payment of interest in a contract for loan for consumption may freely be determined by the agreement of the parties.	riteval_H27_en.xml
0	H27-23-E	N	"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 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."	In cases where the parties do not specify the term of a lease, if the lessor requests to terminate it, the lessee shall not be responsible for the delay within the statutory period without returning the Things; however, in cases where the parties do not define the time for return in a loan for consumption, if the lender demands their return, the borrower shall be resposible for the delay unless he/she returns the Things immediately.	riteval_H27_en.xml
0	H27-23-O	N	"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 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."	"A contract for lease is a consensual contract so that a contract for lease shall be formed by the agreement between the perties.
On the other hand, a contract for loan for consumption is a contract in kind, so that even if the perties promises that one of the parties will deliver money or other things and the other party will return by means of things that are the same in kind, quality and quantity, the agreement shall be void."	riteval_H27_en.xml
0	H27-24-1	Y	"Article 595
(1) The borrower bears the ordinarily necessary expenses of borrowed thing.
(2) The provisions of Article 583, paragraph (2) apply mutatis mutandis to costs other than the ordinarily necessary expenses referred to in the preceding paragraph.
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."	"The borrower shall bear the ordinarily necessary costs of borrowed Things.
The lessee shall not bear the ordinarily necessary costs of leased Things."	riteval_H27_en.xml
0	H27-24-2	N	"Article 594
(1) A borrower must make use of and take the profits of the thing in compliance with the method of use specified by the contract or by the nature of the thing which is the subject matter of the contract.
(2) A borrower may not allow third parties to make use of or take the profits of the thing without obtaining the approval of the lender.
(3) If a borrower has made use of or taken the profits of the thing in violation of the provisions of the preceding two paragraphs, the lender may cancel the contract.
Article 616
The provisions of Article 594, paragraph (1) apply mutatis mutandis to leases."	"A borrower must make use of and take the profits of the Thing which is the subject matter of the contract in compliance with the method of use specified by the contract or by the nature of the Thing which is the subject matter of the contract.
A lessee need not make use of and take the profits of the Thing which is the subject matter of the contract in compliance with the method of use specified by the contract or by the nature of the Thing which is the subject matter of the contract."	riteval_H27_en.xml
0	H27-24-3	N	"Article 597
(1) If the parties specify a period of a loan for use, the loan for use is terminated upon the expiration of the period.
(2) If the parties do not specify a period of a loan for use, but they specify the purpose of using and making profit from the borrowed thing, the loan for use is terminated when the borrower finishes using and making profit from the thing in line with the purpose.
(3) A loan for use is terminated upon the death of the borrower."	"Loans for use shall lose its effect on the death of the lender by operation of law.
Leases shall not lose its effect on the death of the lessor by operation of law."	riteval_H27_en.xml
0	H27-24-4	N	"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."	"A borrower must restore a borrowed Thing to its original condition on termination of the loan for use, but the borrower must obtain the consent of the lender to remove anything attached to the borrowed Thing.
A lessee must restore a leased Thing to its original condition on termination of the lease, but the lessee need not obtain the consent of the lessor to remove anything attached to the leased Thing."	riteval_H27_en.xml
0	H27-25-A	Y	"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 601
A lease becomes effective if one of the parties promises to make a certain thing available for the other party to use and make profit, and the other party promises to pay rent for the leased thing and return the delivered thing when the contract is terminated.
Article 606
(1) A lessor assumes an obligation to effect repairs necessary for using and making profit of the leased thing;provided, however, that this does not apply if repairs are necessary due to any grounds attributable to the lessee.
(2) A lessee may not refuse if the lessor seeks to engage in an act that is necessary for the preservation of the leased thing."	"A concluded the contract with B that A leases his/her two-storied building ""X"" at a charge of 500,000 yen a month, and delivered the building ""X"" to B.
After that, B concluded the contract with C that B subleases the building ""X"" at a charge of 500,000 yen a month with obtaining the approval of A, and delivered the building ""X"" to C.
After a while, C became unable to use the second story of the building ""X"" due to the leak caused by defect of the roof.
C may demand B to repair the defect of the roof of the building ""X""."	riteval_H27_en.xml
0	H27-26-A	N	"Article 641
The party ordering work may cancel the contract at any time whilst the contractor has not completed the work by paying compensation for loss or damage."	The party ordering work may cancel the contract by compensating any damages, even if the contractor has completed the work with the purpose of its obligation.	riteval_H27_en.xml
0	H27-26-U	Y	"Article 642
(1) If the party ordering work receives an order commencing bankruptcy proceeding, the contractor or the bankruptcy trustee may cancel the contract;provided, however, that this does not apply to the cancellation of the contract by the contractor after the work is completed.
(2) In the case prescribed in the preceding paragraph, the contractor may participate in the distribution of the bankruptcy estate with respect to the remuneration for the work already completed and expenses not included therein.
(3) In the cases referred to in paragraph (1), claims for compensation for loss or damage suffered as a result of the cancellation of the contract are permitted only for contractors under contracts cancelled by the bankruptcy trustee. In such a case, the contractors participate in the distribution of the bankruptcy estate with respect to such compensation for loss or damage."	In cases where the party ordering work is subject to a ruling for the commencement of bankruptcy procedures, the contractor may cancel the contract.	riteval_H27_en.xml
0	H27-27-A	N	"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 the case where the delivery of the subject matter of work performed is required, if the defect in the subject matter is evident at the time of the delivery of it, the contractor shall not be liable for the warranty against defects.	riteval_H27_en.xml
0	H27-27-I	Y	"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.
Article 564
The provisions of the preceding two Articles do not preclude the buyer from claiming compensation for loss or damage pursuant to the provisions of Article 415
or exercising the right to cancel pursuant to the provisions of Articles 541 and 542.
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."	Where no delivery of the subject matter is required, the duration of contractor's warranty commences to run from the time of the completion of the work.	riteval_H27_en.xml
0	H27-27-U	Y	"Article 636
If the contractor delivers to the party ordering work of a content the subject matter of work that does not conform to the terms of the contract with respect to the kind or quality (in the case of the subject matter of work that is not required to be delivered, if the subject matter of work does not conform to the terms of the contract with respect to the kind or quality when the work is finished), the party ordering work may not demand cure of the non-conformity of performance, demand a reduction of the remuneration, claim compensation for loss or damage, or cancel the contract, on the grounds of the non-conformity caused by the nature of the materials that the party ordering work has provided or any instructions that the relevant party has given;provided, however, that this does not apply if the contractor knew that the materials or instructions were inappropriate but did not notify the ordering party of this."	If the defect in the subject matter of the work arises due to the nature of the materials supplied by, or instructions given by, the party ordering the work, the contractor is not liable for the warranty against the defect unless the contractor knew that the materials or instructions were inappropriate but did not disclose the same.	riteval_H27_en.xml
0	H27-27-E	Y	"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 564
The provisions of the preceding two Articles do not preclude the buyer from claiming compensation for loss or damage pursuant to the provisions of Article 415
or exercising the right to cancel pursuant to the provisions of Articles 541 and 542."	In cases where there is any defect in the subject matter of work performed, if the repair of the defect is impossible, the party ordering the work may cancel the contract.	riteval_H27_en.xml
0	H27-27-O	N	"Article 637
(1) In the case prescribed in the main clause of the preceding Article, if the party ordering work fails to notify the contractor of the non-conformity to the terms of the contract within one year from the time when the party becomes aware of it, the party ordering work may not demand cure of the non-conformity of performance, demand a reduction of the remuneration, claim compensation for loss or damage, or cancel the contract.
(2) The provisions of the preceding paragraph do not apply if the contractor knew or did not know due to gross negligence the non-conformity referred to in that paragraph at the time when the contractor delivers the subject matter of work (in the case of the subject matter of work that is not required to be delivered, when the work is finished)."	If there is any defect in the subject matter of work performed, the party ordering the work may demand compensation for damages in lieu of, or in addition to, the repair of the defect.	riteval_H27_en.xml
0	H27-28-A	N	"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."	A person who has taken the life of another must compensate for damages only to heirs of the victim.	riteval_H27_en.xml
0	H27-28-U	Y	"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."	A person who employs others for a certain business shall be liable for damages inflicted on a third party by his/her employees with respect to the execution of that business, and this shall apply even if the employees have the sufficient financial resources to compensate.	riteval_H27_en.xml
0	H27-35-A	Y	"Article 20
(1) After a person with qualified legal capacity who is involved in dealings with another party becomes a person with the legal capacity to act (meaning a person whose legal capacity to act is not subject to restrictions; the same applies hereinafter), the other party to those dealings may fix a period of one month or longer and demand that the person give a definite answer within that period of time as to whether the person will ratify an act that the person may rescind. In such a case, if the person fails to send a definite answer within that period of time, the person is deemed to have ratified that act.
(2) The second sentence of the preceding paragraph also applies if, before the person with qualified legal capacity becomes a person with the legal capacity to act, the other party to dealings involving the person with qualified legal capacity lodges the demand prescribed in the preceding paragraph with the legal representative, curator, or assistant of that person with respect to an act within the scope of their authority, and they fail to send a definite answer within the fixed period of time referred to in that paragraph.
(3) If a person does not send notice within the period of time set forth in the preceding two paragraphs indicating that the person has completed any special formalities that an act requires, the person is deemed to have rescinded that act.
(4) The other party to dealings involving a person with qualified legal capacity may lodge a demand with a person under curatorship or with a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1) to demand that the person get the curator or assistant to ratify an act within the fixed period referred to in paragraph (1). In such a case, if the person under curatorship or person under assistance does not send notice within that period indicating that the person has gotten the curator or assistant to ratify the act in question, the person is deemed to have rescinded that act.
Article 13
(1) A person under curatorship must obtain the consent of the curator in order to perform any of the following acts;provided, however, that this does not apply to an act provided for in the proviso of Article 9:
(i) receiving or using any property producing civil fruit;
(ii) borrowing money or guaranteeing an obligation;
(iii) performing an act with the purpose of acquiring or losing any right regarding immovables or other significant property;
(iv) suing any procedural act;
(v) giving a gift, reaching a settlement, or entering into an arbitration agreement (meaning an arbitration agreement as provided in Article 2, paragraph (1) of the Arbitration Act (Act No. 138 of 2003));
(vi) accepting or renouncing a succession or dividing an estate;
(vii) refusing an offer of a gift, renouncing a legacy, accepting an offer of gift with burden, or accepting a legacy with burden;
(viii) constructing a new building, renovating, expanding, or undertaking major repairs;
(ix) granting a lease for a term that exceeds the period set forth in Article 602; or
(x) performing any of the acts set forth in the preceding items as a legal representative of a person with qualified legal capacity (meaning a minor, adult ward, or person under curatorship or a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1); the same applies hereinafter).
(2) At the request of a person as referred to in the main clause of Article 11
or the curator or curator's supervisor, the family court may decide that the person under curatorship must also obtain the consent of the curator before performing an act other than those set forth in each of the items of the preceding paragraph;provided, however, that this does not apply to an act provided for in the proviso to Article 9.
(3) If the curator does not consent to an act for which the person under curatorship must obtain the curator's consent even though it is unlikely to prejudice the interests of the person under curatorship, the family court may grant permission that operates in lieu of the curator's consent at the request of the person under curatorship.
(4) An act for which the person under curatorship must obtain the curator's consent is voidable if the person performs it without obtaining the curator's consent or a permission that operates in lieu of it."	In cases where the person who has concluded the contract for sale with the person under curatorship issues to the curator of 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, if the curator fails to send any definite answer within such period, he/she is deemed to have ratified the contract for sale.	riteval_H27_en.xml
0	H27-35-I	N	"Article 114
In the case referred to in the preceding Article, the counterparty may demand, by specifying a reasonable period of time, that the principal give a definite answer on whether or not the principal will ratify within that period of time.In this case, if the principal fails to give a definite answer within that period, the principal is deemed to have refused to ratify."	In cases where, with respect to a contract for sale concluded by a unauthorized agent, the counterparty requires the principal, by fixing a reasonable period of time, to make a definite answer on whether or not he/she will ratify within such period of time, if the principal fails to make any definite answer within such period, he/she is deemed to have ratified the contract for sale.	riteval_H27_en.xml
0	H27-35-U	Y	"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.
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."	In cases where the obligee refuses to accept the performance in advance, the obligor shall be released from the liability for default if he/she demands the acceptance thereof by giving a notice that the tender of the performance has been prepared.	riteval_H27_en.xml
0	H27-35-E	Y	"Article 547
If no period of time is specified for the exercise of the right to cancel, the other party may issue a notice of demand to the holder of the right to cancel, specifying a reasonable period of time, to the effect that the holder of the right to cancel is to give a definite answer as to whether the holder will cancel or not within that period of time.In this case, if no notice of cancellation is received within that period, the right to cancel is extinguished."	In cases where ,with respect to the right to cancel based on the failure to perform, the other party issues a notice of demand to the holder of the right to cancel, specifying a reasonable period, to the effect that the holder of the right to cancel is to give a definite answer as to whether or not the right will be exercised within that period, if no notice of cancellation is received within that period, the right to cancel shall be extinguished.	riteval_H27_en.xml
0	H27-36-A	N	"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 holder of a right of retention may collect fruits derived from the Thing retained, and appropriate the same to the satisfaction of his/her claim prior to other obligees, but the fruits must be appropriated to the payment of interest on the claim, and any remainder must not be appropriated to the satisfaction of the principal.	riteval_H27_en.xml
0	H27-36-I	Y	"Article 405
If the payment of interest corresponding to one year or more is delayed, and if the obligor does not pay that interest notwithstanding the demand by the obligee, the obligee may incorporate that interest into the principal."	In cases where the seller's obligation to deliver the subject matter of the sale must be performed prior to that of the buyer and a due date is provided for the payment of the purchase money in the contract for sale, it shall not be necessary for the buyer to pay the interest even after the delivery of the subject matter of the sale until that due date arrives.	riteval_H27_en.xml
0	H27-36-U	N	"Article 462
(1) The provisions of Article 459-2, paragraph (1) apply mutatis mutandis if a person, that has given guarantee without the request of the principal obligor, performs an act for extinguishment of obligation.
(2) A person that has become a guarantor against the will of the principal obligor has the right to reimbursement only to the extent currently enriched.In this case, if the principal obligor asserts to have grounds for set-off against the obligee prior to the day of the demand for reimbursement, the guarantor may demand that the obligee perform the obligation which would have been extinguished by that set-off.
(3) The provisions of Article 459-2, paragraph (3) apply mutatis mutandis to the exercise of the right to reimbursement if the guarantor referred to in the preceding two paragraphs performs an act for extinguishment of obligation before the due date of the principal obligation.
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.
Article 459-2
(1) If a guarantor gives guarantee as requested by the principal obligor and performs an act for extinguishment of obligation before the due date of the principal obligation, the guarantor has the right to reimbursement from the principal obligor to the extent that the principal obligor was enriched at the time of the act. In such a case, if the principal obligor alleges to have had grounds for set-off prior to the day of the act for extinguishment of obligation, the guarantor may request the obligee to perform the obligation which should have been extinguished due to the set-off.
(2) Reimbursement under the provisions of the preceding paragraph includes the statutory interest which accrues on and after the due date of the principal obligation and compensation for loss or damage including expenses which could not have been avoided even if an act for extinguishment of obligation were performed on or after the due date.
(3) The right to reimbursement referred to in paragraph (1) may not be exercised before the due date of the principal obligation."	If a person, who has become a guarantor without the entrustment of the principal obligor, has performed the obligation, the principal obligor must pay the statutory interest for the period from the day of that performance.	riteval_H27_en.xml
0	H27-36-E	Y	"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."	In cases where a seller canceled the contract for sale based on the failure to perform the obligation after he/she received the purchase money in part, if the money which the seller received as the purchase money in part are to be refunded, interest must accrue from the time of the receipt of that money.	riteval_H27_en.xml
0	H27-36-O	Y	"Article 575
(1) If the subject matter of a sale which has not yet been delivered bears fruits, the fruits vest in the seller.
(2) The buyer bears the obligation to pay interest on the price beginning from the day of delivery;provided, however, that if a due date is provided for the payment of the price, it is not necessary to pay the interest until that due date arrives."	In cases the obligor delays the payment of interest corresponding to one year or more, and if the obligor does not pay such interest notwithstanding the demand by the obligee, the obligee may incorporate such interest into the principal.	riteval_H27_en.xml
0	H28-1-3	Y	"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 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.	riteval_H28_en.xml
0	H28-1-4	Y	"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 minor may rescind the juristic act which is performed without the consent of his/her satutory agent individually.	riteval_H28_en.xml
0	H28-1-5	N	"Article 102
An act that a person with qualified legal capacity performs as an agent of another person may not be rescinded on the grounds of qualified legal capacity;provided, however, that this does not apply to an act performed by a person with qualified legal capacity as a legal representative of another person with qualified legal capacity."	A minor may not become an agent.	riteval_H28_en.xml
0	H28-2-1	N	"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."	Even if there is a mistake in any element of the juristic act in question and manifestation of intention is induced by the mistake, the person who made the manifestation of intention may not assert such nullity of the manifestation of intention by mistake if twenty years has elapsed from the time of the manifestation of intention.	riteval_H28_en.xml
0	H28-2-2	Y	"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."	If there is a mistake in any element of the juristic act which is induced by any fraud and manifestation of intention is induced by the mistake,the person who made the manifestation of intention may assert such nullity of the manifestation of intention by mistake.	riteval_H28_en.xml
0	H28-3-1	N	"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."	In the case where an adult ward, (A) purchased a daily household item from (B), even if (B) did not know that (A) was an adult ward, his/her guardian of adult, (C) may rescind the contract for sale of the daily household item.	riteval_H28_en.xml
0	H28-3-2	Y	"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."	In the case where (A) is an adult ward at the time when (A) receives a manifestation of intention of cancellation of a contract, the cancellation of the contract shall not take effect until (A)'s guardian of adult, (C) has acquired the knowledge of (B)'s manifestation of intention of cancellation of the contract.	riteval_H28_en.xml
0	H28-3-3	N	"Article 526
If an offeror dies, comes to be in a constant state wherein the offeror lacks mental capacity, or becomes subject to restrictions on legal capacity to act after issuing notice of the offer, and the offeror has manifested the intention not to make the offer effective should any of these facts occur, or the other party comes to know that any of these facts has occurred before issuing a notice of acceptance, that offer is not effective."	In the case where (A) loses his/her capacity to act after the dispatch of the notice of an offer of a contract to (B), who is a person at a distance, even if (B) knows such fact, the offer of the contract shall become effective.	riteval_H28_en.xml
0	H28-3-4	Y	"Article 97
(1) A manifestation of intention becomes effective at the time notice thereof reaches the other party.
(2) If the other party prevents notice of a manifestation of intention from reaching them without a legitimate reason, the notice is deemed to have reached that party at the time it would have normally reached them.
(3) The effect of a manifestation of intention is not impaired even if the person making it dies, loses mental capacity, or becomes subject to restrictions on their legal capacity to act after having sent the notice."	In the case where (A) loses his/her capacity to act after the dispatch of the notice of cancellation of a contract to (B), who is a person at a distance, even if (B) knows such fact, the cancellation of the contract shall become effective.	riteval_H28_en.xml
0	H28-3-5	Y	"Article 97
(1) A manifestation of intention becomes effective at the time notice thereof reaches the other party.
(2) If the other party prevents notice of a manifestation of intention from reaching them without a legitimate reason, the notice is deemed to have reached that party at the time it would have normally reached them.
(3) The effect of a manifestation of intention is not impaired even if the person making it dies, loses mental capacity, or becomes subject to restrictions on their legal capacity to act after having sent the notice."	In the case where (A) loses his/her capacity to act after the dispatch of the notice of acceptance of a contract to (B), who is a person at a distance, even if (B) knows such fact, the contract shall be formed.	riteval_H28_en.xml
0	H28-4-1	Y	"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 counterparty of unauthorized agency was negligent in not knowing that the person who concluded a contract holding himself/herself out as an agent of another person had no authority of agency,
he/she may not pursue the liability of the unauthorized agent in civil code."	riteval_H28_en.xml
0	H28-4-2	Y	"Article 111
(1) The authority to represent ceases to exist upon:
(i) death of the principal; and
(ii) death of the agent, or being given an order commencing bankruptcy proceeding or a decision for commencement of guardianship against the agent.
(2) The authority to represent by mandate ceases to exist, other than on the grounds set forth in the respective items of the preceding paragraph, upon the termination of the mandate."	The authority of agency shall be terminated upon ruling for commencement of guardianship against the agent.	riteval_H28_en.xml
0	H28-4-3	N	"Article 106
(1) A subagent represents the principal with respect to acts within the scope of the authority thereof.
(2) A subagent has the same rights and obligations as an agent in relation to the principal and third parties within the scope of that subagent's authority."	A guardian of adult may not appoint its sub-agent unless there is an unavoidable reason to do so.	riteval_H28_en.xml
0	H28-4-4	N	"Article 106
(1) A subagent represents the principal with respect to acts within the scope of the authority thereof.
(2) A subagent has the same rights and obligations as an agent in relation to the principal and third parties within the scope of that subagent's authority.
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 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."	"In cases where a privetely appointed agent appointed its sub-agent when there is an unavoidable reason to do so,
even if the sub-agent has incurred costs found to be necessary for the administration of the mandated business,
he/she may not claim reimbursement of those costs from the principal."	riteval_H28_en.xml
0	H28-4-5	N	"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 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 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 cases where the agent (B) for (A) concluded a contract for sale by (C)'s fraud,
(B) may rescind the contract for sale;
however, (A) may not rescind it."	riteval_H28_en.xml
0	H28-11-1	N	"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."	The order of priority of special statutory liens,pledges and mortgages with respect to the same immovable properties shall follow the chronological order of their registration.	riteval_H28_en.xml
0	H28-11-2	N	"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 350
The provisions of Articles 296 through 300 and those of Article 304
apply mutatis mutandis to pledges.
Article 372
The provisions of Article 296, Article 304
and Article 351
apply mutatis mutandis to mortgages."	Extension of security interest to proceeds of collateral may be done with respect to a right of retention, a statutory lien, a pledge and a mortgage.	riteval_H28_en.xml
0	H28-11-3	N	"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)."	A right of retention shall not be extinguished even if the holder of the right of retention loses possession of the Thing retained, but ,in this case, this right may not be asserted against third parties.	riteval_H28_en.xml
0	H28-11-5	N	"Article 334
If there is conflict between a statutory lien and a pledge on movables, the pledgee of those movables has the same rights as those of the holder of a statutory lien of the first rank under Article 330.
Article 330
(1) If there are competing special statutory liens against the same movables, the order of priority follows the order set forth below.In this case, if there are two or more preservers with respect to the statutory liens for preservation of movables set forth in item (ii), a new preserver has priority over previous preservers:
(i) statutory liens for leases of immovables, lodging at hotels and transportation;
(ii) statutory liens for the preservation of movables; and
(iii) statutory liens for the sale of movables, the supply of seeds and seedlings or fertilizer, agricultural labor and industrial labor.
(2) In the cases referred to in the preceding paragraph, if a holder of a statutory lien ranked first knew at the time of acquiring the relevant claim of the existence of a holder of a statutory lien of the second or third rank, that holder may not exercise the relevant rights of priority against those persons. The same applies to the exercise against persons that have preserved things on behalf of the holder of a statutory lien of the first rank.
(3) Regarding fruits, the first rank belongs to persons who engage in agricultural labor, the second rank belongs to persons that supply seeds and seedlings or fertilizer, and the third rank belongs to lessors of land."	The statutory lien over movables shall prevail over the pledge of movables.	riteval_H28_en.xml
0	H28-12-1	Y	"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."	For the formation of rights of retention under Civil Code, existence of a claim that has arisen with respect to the subject matter and possession of the subject matter by the obligee are required, but it is not required that the obligee possess the subject matter at the time of the formation of the claim.	riteval_H28_en.xml
0	H28-13-1	N	"Article 316
If a lessor has received a security deposit prescribed in Article 622-2, paragraph (1), the lessor has a statutory lien solely against the portion of the lessor's claim that will not be satisfied by that security deposit."	"In cases where the lessee does not pay rent,
even if the lessor of a building has received a security deposit and that security deposit will satisfy unpaid rent,
he/she shall have a statutory lien."	riteval_H28_en.xml
0	H28-13-2	N	"Article 330
(1) If there are competing special statutory liens against the same movables, the order of priority follows the order set forth below.In this case, if there are two or more preservers with respect to the statutory liens for preservation of movables set forth in item (ii), a new preserver has priority over previous preservers:
(i) statutory liens for leases of immovables, lodging at hotels and transportation;
(ii) statutory liens for the preservation of movables; and
(iii) statutory liens for the sale of movables, the supply of seeds and seedlings or fertilizer, agricultural labor and industrial labor.
(2) In the cases referred to in the preceding paragraph, if a holder of a statutory lien ranked first knew at the time of acquiring the relevant claim of the existence of a holder of a statutory lien of the second or third rank, that holder may not exercise the relevant rights of priority against those persons. The same applies to the exercise against persons that have preserved things on behalf of the holder of a statutory lien of the first rank.
(3) Regarding fruits, the first rank belongs to persons who engage in agricultural labor, the second rank belongs to persons that supply seeds and seedlings or fertilizer, and the third rank belongs to lessors of land."	"In cases where a lessee of a building has not paid the purchase money with respect to the sale of a dresser for a furniture store and has not paid the rent for the lessor,
the furniture store's statutory lien with respect to the dresser shall prevail over the lessor's statutory lien with respect to the same."	riteval_H28_en.xml
0	H28-13-3	Y	"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 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."	If a company does not pay salary, the employee shall have a statutory lien with respect to the salary, regardless of the unpaid period, over the entire property of the company.	riteval_H28_en.xml
0	H28-13-4	Y	"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."	"In cases where a company has not paid the purchase money with respect to the sale of refrigerators for an electronics store and it has not paid salaries for its employees,
the electronics store's statutory lien with respect to the refrigerators shall prevail over employees's statutory lien with respect to the same."	riteval_H28_en.xml
0	H28-13-5	N	"Article 335
(1) Holders of general statutory liens cannot be paid out of immovables unless they are first paid out of property other than immovables and a claim that is not satisfied remains.
(2) With respect to immovables, holders of general statutory liens must first be paid out of those that are not the subject matters of special security.
(3) If holders of general statutory liens fail to participate in distributions in accordance with the provisions of the preceding two paragraphs, they may not exercise their statutory liens against registered third parties with respect to amounts that would have been paid to them if they had participated in the distribution.
(4) The provisions of the preceding three paragraphs do not apply if the proceeds of immovables are distributed prior to the proceeds of assets other than immovables, or if the proceeds of immovables that are the subject matter of a special security are distributed prior to the proceeds of other immovables."	"In cases where an obligor owns an immovable property and a movable property which are not the subject of an agreed security interest, a right of retention and a special statutory lien,
the holders of general statutory liens are first paid out of the immovable property,
and they are paid out of the movable property only if the claim that is not satisfied remains."	riteval_H28_en.xml
0	H28-14-1	N	"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."	Because mortgages are rights which grasp value of the subject, even in the case where an amount of a secured claim exceeds the value of the Mortgaged Immovable Properties, a mortgage shall be extinguished if a third party pledgor pays an amount equivalent to value of the subject.	riteval_H28_en.xml
0	H28-14-2	N	"Article 371
If there is a default with respect to a claim secured by a mortgage, the mortgage extends to the fruits of the mortgaged immovables derived after the default."	Even if there is a default with respect to a claim secured by a mortgage, the mortgage shall not extend to the fruits of the Mortgaged Immovable Properties derived after the default.	riteval_H28_en.xml
0	H28-14-3	N	"Article 378
If a third party that purchases the ownership or superficies of a mortgaged immovables pays the price of the same to a mortgagee at the request of the same mortgagee, that mortgage is terminated for the benefit of that third party."	If a mortgagee demands that a third party who purchases the ownership of Mortgaged Immovable Properties pay the price of the same to the relevant mortgagee, the third party must respond to the request.	riteval_H28_en.xml
0	H28-16-1	N	"Article 398-12
(1) Before the principal is crystallized, a revolving mortgagee may assign a revolving mortgage, with the approval of the mortgagor of the revolving mortgage.
(2) A revolving mortgagee may divide the revolving mortgage into two revolving mortgages and assign either of the same pursuant to the provisions of the preceding paragraph.In this case, the rights for which that revolving mortgage is the subject matter is extinguished with respect to the revolving mortgage that was assigned.
(3) In order to effect an assignment under the provisions of the preceding paragraph, the approval of the person that holds the rights for which that revolving mortgage is the subject matter must be obtained.
Article 398-13
Before the principal is crystallized, a revolving mortgagee may, with the approval of the mortgagor of the revolving mortgage, effect a partial assignment of the revolving mortgage (meaning assignments of revolving mortgages that the assignor effects without dividing the revolving mortgage in order to co-own the same with the assignee; hereinafter the same applies in this Section)."	Before the principal is fixed, a revolving mortgagee may assign a Revolving Mortgage or effect a partial assignment of the Revolving Mortgage, without the approval of the revolving mortgagor.	riteval_H28_en.xml
0	H28-16-2	N	"Article 398-4
(1) The scope of the claims to be secured by a revolving mortgage may be changed if the change is effected before the principal is crystallized. The same applies with respect to change of obligors.
(2) In order to effect the changes referred to in the preceding paragraph, it is not required that the approval of third parties including subordinated mortgagee be obtained.
(3) If the change under paragraph (1) is not registered before the principal is crystallized, it is deemed that the change was not effected."	When the scope of the claims to be secured by a Revolving Mortgage is altered before the principal is fixed, the approval of subordinated obligees has to be obtained.	riteval_H28_en.xml
0	H28-16-3	Y	"Article 398-4
(1) The scope of the claims to be secured by a revolving mortgage may be changed if the change is effected before the principal is crystallized. The same applies with respect to change of obligors.
(2) In order to effect the changes referred to in the preceding paragraph, it is not required that the approval of third parties including subordinated mortgagee be obtained.
(3) If the change under paragraph (1) is not registered before the principal is crystallized, it is deemed that the change was not effected."	If the alteration of obligors with respect to a Revolving Mortgage is not registered before the principal is fixed, it shall be deemed that such alteration was not effected.	riteval_H28_en.xml
0	H28-16-4	N	"Article 398-6
(1) With respect to the principal secured by a revolving mortgage, the date when the principal is to be crystallized may be specified or changed.
(2) The provisions of Article 398-4, paragraph (2) apply mutatis mutandis to the cases referred to in the preceding paragraph.
(3) The date under paragraph (1) must be within five years of the day when the date was prescribed or changed.
(4) If registration with respect to a change in the date under paragraph (1) is not effected before the old date, the principal secured is crystallized on that old date."	"With respect to the principal secured by a Revolving Mortgage,
if the date when the principal is to be fixed is not prescribed,
the Revolving Mortgage shall be void."	riteval_H28_en.xml
0	H28-16-5	Y	"Article 398-3
(1) A revolving mortgagee may exercise the relevant revolving mortgage up to the maximum amount with respect to all of crystallized principal as well as periodic payments including interest and compensation for loss or damage resulting from failure to perform obligations.
(2) If a claim under a negotiable instrument or check or electronically recorded monetary claim acquired from causes other than the transactions with the obligor is agreed to be treated as a claim to be secured by a revolving mortgage, and any of the following grounds exist, that revolving mortgage may be exercised only with respect to claims acquired before those grounds arose;provided, however, that even with respect to claims acquired after the grounds arose, the exercise of the revolving mortgage is not precluded as far as the claims were acquired without knowledge of those grounds:
(i) the suspension of payments by the obligor;
(ii) a petition to commence bankruptcy proceeding, the commencement of rehabilitation proceeding, the commencement of reorganization proceeding or the commencement for special liquidation with respect to the obligor; or
(iii) a petition for commencement of auction procedure in relation to a mortgaged immovables or attachment for disposition of delinquency."	"The Revolving Mortgage which the principal is fixed secures
not only fixed payments of principal but also interest
up to the maximum amount."	riteval_H28_en.xml
0	H28-17-1	N	"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 monetary claim may not be made indivisible due to the manifestation of intention of the parties involved.	riteval_H28_en.xml
0	H28-17-3	Y	"Article 429
Even if there is a novation or release between one of the obligees of an indivisible claim and the obligor, other obligees may request the obligor to perform the obligation in whole. In such a case, the benefit which should have been allocated to that one obligee if that obligee did not lose the relevant right must be reimbursed to the obligor."	Even if one of the obligees of an indivisible claim releases the obligor from the claim, other obligees may request the obligor to perform the obligation in whole.	riteval_H28_en.xml
0	H28-17-5	N	"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."	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 obligee.	riteval_H28_en.xml
0	H28-20-1	Y	"Article 499
A person that has performed the obligation for the benefit of the obligor is subrogated to the claim of the obligee."	A third party who effects an effective performance not against the will of the obligor shall be subrogated by operation of law to the claim of the obligee by effecting performance.	riteval_H28_en.xml
0	H28-22-1	N	"Article 549
Gifts become effective by the manifestation of intention by one of the parties to give a certain property to the other party gratuitously, and the acceptance of the other party thereof."	"Gifts shall become effective by the manifestation by one of the parties of his/her intention to give his/her property to the other party gratuitously, and the acceptance of the other party thereof;
therefore, gifts shall not become effective if one of the parties to recieve property offers the gift and the other party accept the offer."	riteval_H28_en.xml
0	H28-22-2	Y	"Article 572
Even if the seller makes a special agreement to the effect that the seller does not warrant in the case prescribed in the main clause of Article 562, paragraph (1) or Article 565, the seller may not be released from that responsibility with respect to any fact that the seller knew but did not disclose, and with respect to any right that the seller personally created for or assigned to a third party."	"In cases where there is a special agreement, in a contract of sale, to the effect that the seller will not provide the warranties against defects,
if the seller knew but did not disclose that there is any latent defect in the subject matter of a sale,
he/she may not be released from the warranties against defects."	riteval_H28_en.xml
0	H28-22-4	N	"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."	"In cases where the parties do not define the time for return in a contract for value of deposit for consumption of money,
the depositor may not demand the return of money
unless he/she issues a notice of demand to the depositary, specifying a reasonable period."	riteval_H28_en.xml
0	H28-26-1	Y	"Article 652
The provisions of Article 620
apply mutatis mutandis to mandates.
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."	In cases where a mandate is cancelled for default, the cancellation shall be effective solely toward the future.	riteval_H28_en.xml
0	H28-26-2	N	"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."	A quasi-mandate shall be effective even if it is not made in writing but a mandate shall not be effective unless it is made in writing.	riteval_H28_en.xml
0	H28-27-1	Y	"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."	If a creditor of a partnership did not know, when his/her claim arose, the proportions of the partners' shares of losses, the creditor may exercise his/her rights against each partner in equal proportions.	riteval_H28_en.xml
0	H28-27-2	N	"Article 677
A partner's creditor may not exercise the rights of that creditor against the partnership property."	An obligor of a partnership may set off his/her obligation against his/her claim against the partners.	riteval_H28_en.xml
0	H28-27-4	N	"Article 679
Beyond the cases referred to in the preceding Article, partners withdraw on the following grounds:
(i) the partner dies;
(ii) the partner is subject to an order commencing bankruptcy proceeding;
(iii) the partner is subject to a decision for the commencement of guardianship;
(iv) the partner has been expelled.
Article 681
(1) Accounts as between the withdrawing partner and other partners must be settled according to the status of the partnership property as at the time of the withdrawal.
(2) The interest of the withdrawing partner may be refunded in money, regardless of the kind of the withdrawing partner's contribution.
(3) With respect to any matter not yet completed at the time of the withdrawal, accounts may be made up subsequent to the completion of that matter."	A partnership shall be dissolved on the successful completion of the business that is its object.	riteval_H28_en.xml
0	H28-28-1	N	"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."	A person who has tendered anything as performance of an obligation may not demand the return of the thing tendered if the person were negligent in not knowing that the obligation did not exist.	riteval_H28_en.xml
0	H28-35-1	N	"Article 369
(1) A mortgagee has the right to have the mortgagee's claim satisfied prior to other obligees out of the immovables that the obligor or a third party provided to secure the obligation without transferring possession.
(2) Superficies and farming rights may be the subject matter of a mortgage.In this case, the provisions of this Chapter apply mutatis mutandis."	Both superficies and rights to lease land cannot be the subject matter of a mortgage.	riteval_H28_en.xml
0	H28-35-2	Y	"Article 606
(1) A lessor assumes an obligation to effect repairs necessary for using and making profit of the leased thing;provided, however, that this does not apply if repairs are necessary due to any grounds attributable to the lessee.
(2) A lessee may not refuse if the lessor seeks to engage in an act that is necessary for the preservation of the leased thing."	An owner of the land shall not assume an obligation to a superficiary to make the land available, but a lessor shall assume an obligation to a lessee to make the land available.	riteval_H28_en.xml
0	H28-35-3	Y	"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 superficiary may assign the superficies without obtaining the approval of the owner of the land but a lessee may not assign the lessee's rights without obtaining the approval of the lessor or the court's permission in lieu of it.	riteval_H28_en.xml
0	H29-1-A	N	"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).
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."	"A is a nineteen-year-old male and subject to the parental authority of his parents.
In the case where A concluded a contract for sale without the consent of the persons who had parental authority in relation to him after he had been permitted to carry on business by the persons who had parental authority in relation to him, even if the contract for sale is not concerned with such business, A may not rescind the contract for sale."	riteval_H29_en.xml
0	H29-1-I	Y	"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."	"A is a nineteen-year-old male and subject to the parental authority of his parents.
In the case where the person who had parental authority in relation to A permitted A to dispose of the money which A acquired by a part-time job of delivering newspapers, and A purchased a bicycle by the money which he acquired by the part-time job, even if A did not obtain the consent of the person who had parental authority in relation to him when he concluded the contract for sale, A may not rescind the contract for sale."	riteval_H29_en.xml
0	H29-1-E	N	"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."	"A is a nineteen-year-old male and subject to the parental authority of his parents.
Even if A constantly lacks the capacity to discern right and wrong due to mental disability, the family court may not order the commencement of guardianship with respect to A until A has attained the age of majority."	riteval_H29_en.xml
0	H29-1-O	N	"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."	"A is a nineteen-year-old male and subject to the parental authority of his parents.
In the case where A concluded a contract not in writing to the effect that A would make B a gift of 1,000,000 yen from the property which A had obtained by inheritance, even if A revoked the gift on the ground that it was a gift not in writing, if A did not obtain the consent of the person who had parental authority in relation to him with respect to the revocation of the gift, A may rescind the revocation of the gift."	riteval_H29_en.xml
0	H29-2-A	N	"Article 20
(1) After a person with qualified legal capacity who is involved in dealings with another party becomes a person with the legal capacity to act (meaning a person whose legal capacity to act is not subject to restrictions; the same applies hereinafter), the other party to those dealings may fix a period of one month or longer and demand that the person give a definite answer within that period of time as to whether the person will ratify an act that the person may rescind. In such a case, if the person fails to send a definite answer within that period of time, the person is deemed to have ratified that act.
(2) The second sentence of the preceding paragraph also applies if, before the person with qualified legal capacity becomes a person with the legal capacity to act, the other party to dealings involving the person with qualified legal capacity lodges the demand prescribed in the preceding paragraph with the legal representative, curator, or assistant of that person with respect to an act within the scope of their authority, and they fail to send a definite answer within the fixed period of time referred to in that paragraph.
(3) If a person does not send notice within the period of time set forth in the preceding two paragraphs indicating that the person has completed any special formalities that an act requires, the person is deemed to have rescinded that act.
(4) The other party to dealings involving a person with qualified legal capacity may lodge a demand with a person under curatorship or with a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1) to demand that the person get the curator or assistant to ratify an act within the fixed period referred to in paragraph (1). In such a case, if the person under curatorship or person under assistance does not send notice within that period indicating that the person has gotten the curator or assistant to ratify the act in question, the person is deemed to have rescinded that act."	"The person under curatorship A sold A's land ""X"" to B without the consent of the curator or any permission of the family court in lieu thereof.
In the case where B issues to the curator of A a notice which demands, by establishing a certain period which is one month, that he/she should give a definite answer on whether or not such person will ratify that contract for sale, if there is a supervisor of the curator, it is deemed that such contract has been rescinded unless the curator issues a definite answer of the ratification with the consent of the supervisor of the curator within such period."	riteval_H29_en.xml
0	H29-2-I	Y	"Article 20
(1) After a person with qualified legal capacity who is involved in dealings with another party becomes a person with the legal capacity to act (meaning a person whose legal capacity to act is not subject to restrictions; the same applies hereinafter), the other party to those dealings may fix a period of one month or longer and demand that the person give a definite answer within that period of time as to whether the person will ratify an act that the person may rescind. In such a case, if the person fails to send a definite answer within that period of time, the person is deemed to have ratified that act.
(2) The second sentence of the preceding paragraph also applies if, before the person with qualified legal capacity becomes a person with the legal capacity to act, the other party to dealings involving the person with qualified legal capacity lodges the demand prescribed in the preceding paragraph with the legal representative, curator, or assistant of that person with respect to an act within the scope of their authority, and they fail to send a definite answer within the fixed period of time referred to in that paragraph.
(3) If a person does not send notice within the period of time set forth in the preceding two paragraphs indicating that the person has completed any special formalities that an act requires, the person is deemed to have rescinded that act.
(4) The other party to dealings involving a person with qualified legal capacity may lodge a demand with a person under curatorship or with a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1) to demand that the person get the curator or assistant to ratify an act within the fixed period referred to in paragraph (1). In such a case, if the person under curatorship or person under assistance does not send notice within that period indicating that the person has gotten the curator or assistant to ratify the act in question, the person is deemed to have rescinded that act."	"The person under curatorship A sold A's land ""X"" to B without the consent of the curator or any permission of the family court in lieu thereof.
In the case where B issues to A a notice which demands, by establishing a certain period which is one month, that he/she should obtain the ratification of his/her curator with respect to that contract for sale, if A fails to issue, within the applicable period, a notice to the effect that such ratification has been obtained, it is deemed that such contract for sale has been rescinded."	riteval_H29_en.xml
0	H29-2-U	Y	"Article 20
(1) After a person with qualified legal capacity who is involved in dealings with another party becomes a person with the legal capacity to act (meaning a person whose legal capacity to act is not subject to restrictions; the same applies hereinafter), the other party to those dealings may fix a period of one month or longer and demand that the person give a definite answer within that period of time as to whether the person will ratify an act that the person may rescind. In such a case, if the person fails to send a definite answer within that period of time, the person is deemed to have ratified that act.
(2) The second sentence of the preceding paragraph also applies if, before the person with qualified legal capacity becomes a person with the legal capacity to act, the other party to dealings involving the person with qualified legal capacity lodges the demand prescribed in the preceding paragraph with the legal representative, curator, or assistant of that person with respect to an act within the scope of their authority, and they fail to send a definite answer within the fixed period of time referred to in that paragraph.
(3) If a person does not send notice within the period of time set forth in the preceding two paragraphs indicating that the person has completed any special formalities that an act requires, the person is deemed to have rescinded that act.
(4) The other party to dealings involving a person with qualified legal capacity may lodge a demand with a person under curatorship or with a person under assistance who is subject to a decision as referred to in Article 17, paragraph (1) to demand that the person get the curator or assistant to ratify an act within the fixed period referred to in paragraph (1). In such a case, if the person under curatorship or person under assistance does not send notice within that period indicating that the person has gotten the curator or assistant to ratify the act in question, the person is deemed to have rescinded that act."	"The person under curatorship A sold A's land ""X"" to B without the consent of the curator or any permission of the family court in lieu thereof.
In the case where B, after A has become a person with capacity, issues to A a notice which demands, by establishing a certain period which is one month, that he/she should give a definite answer on whether or not such person will ratify that contract for sale, if A fails to send any definite answer within such period, it is deemed that he/she has ratified such contract for sale."	riteval_H29_en.xml
0	H29-2-O	Y	"Article 124
(1) The ratification of a voidable act does not become effective unless it is made after the circumstances that made the act voidable cease to exist and the person ratifying the act becomes aware of the right to rescind it.
(2) In the following cases, the ratification referred to in the preceding paragraph is not required to be made after the circumstances that made the act voidable cease to exist:
(i) if a legal representative or a curator or assistant of a person with qualified legal capacity ratifies the act; or
(ii) if a person with qualified legal capacity (excluding an adult ward) makes the ratification with the consent of a legal representative, curator or assistant.
Article 125
If, at or after the time when it becomes possible to ratify an act, any of the following facts occur with respect to a voidable act, it is deemed that the act has been ratified;provided, however, that this does not apply if an objection is reserved:
(i) full or partial performance;
(ii) request for the performance;
(iii) novation;
(iv) provision of a security;
(v) assignment of a part of or the whole of a right acquired by the voidable act; or
(vi) compulsory execution."	"The person under curatorship A sold A's land ""X"" to B without the consent of the curator or any permission of the family court in lieu thereof.
If, after A has become a person with capacity to act, A assigns the claim for the sale price of the land ""X"" to others, it is deemed that he/she has ratified such contract for sale."	riteval_H29_en.xml
0	H29-3-A	N	"Article 31
A person subject to a declaration of disappearance pursuant to the provisions of paragraph (1) of the preceding Article is deemed to have died when the period of time referred to in that paragraph ended, and a person subject to a declaration of disappearance pursuant to the provisions of paragraph (2) of that Article is deemed to have died when that danger had passed.
Article 30
(1) If it has been unclear for seven years whether an absentee is dead or alive, the family court may enter a declaration of disappearance at the request of an interested person.
(2) The provisions of the preceding paragraph also apply if it has been unclear whether a person who has entered a war zone, was aboard a vessel that has sunk, or was otherwise exposed to a danger likely to result in a person's death is dead or alive, for one year after the war has ended, the vessel sank, or such other danger has passed."	If the adjudication of disappearance is made with respect to A, who was aboard a vessel which later sank, A is deemed to have died upon elapse of one year after the sinking accident.	riteval_H29_en.xml
0	H29-3-I	Y	"Article 31
A person subject to a declaration of disappearance pursuant to the provisions of paragraph (1) of the preceding Article is deemed to have died when the period of time referred to in that paragraph ended, and a person subject to a declaration of disappearance pursuant to the provisions of paragraph (2) of that Article is deemed to have died when that danger had passed.
Article 30
(1) If it has been unclear for seven years whether an absentee is dead or alive, the family court may enter a declaration of disappearance at the request of an interested person.
(2) The provisions of the preceding paragraph also apply if it has been unclear whether a person who has entered a war zone, was aboard a vessel that has sunk, or was otherwise exposed to a danger likely to result in a person's death is dead or alive, for one year after the war has ended, the vessel sank, or such other danger has passed."	If the adjudication of disappearance is made with respect to A because it is not clear whether A is dead or alive for 7 years, A is deemed to have died upon elapse of the period of 7 years.	riteval_H29_en.xml
0	H29-3-O	N	"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."	In the case where, after the adjudication of disappearance had been made with respect to A and A had been deemed to have died because it had not been clear whether A had been dead or alive for 7 years, A was found to be alive, but the adjudication of disappearance was not rescinded and A died, the adjudication of disappearance may no longer be rescinded.	riteval_H29_en.xml
0	H29-4-A	Y	"Article 94
(1) A false manifestation of intention that a person makes in collusion with another person is void.
(2) The nullity of a manifestation of intention under the provisions of the preceding paragraph may not be duly asserted against a third party in good faith."	"In the case where, after A, who owns the land ""X"", had faked a transfer of the land ""X"" to B based on collusion with B and the transfer of ownership from A to B had been registered, B's obligee C attached the land ""X"", if C was without knowledge with respect to the fake transfer at the time of the attachment, A may not assert, against C, that the transfer to B is void."	riteval_H29_en.xml
0	H29-5-I	Y	"Article 109
(1) A person who indicates to a third party that the person granted certain authority to represent to another person is liable for an act performed between that other person and that third party within the scope of the authority to represent;provided, however, that this does not apply if the third party knew or did not know due to negligence that the other person has not been granted the authority to represent.
(2) If a person who indicates to a third party that the person granted authority to represent to another person is, pursuant to the provisions of the preceding paragraph, liable for acts performed by that other person in relation to the third party within the scope of the authority to represent, and the other person performs in relation to the third party an act beyond the scope of the authority to represent, the person who makes the indication is liable for that act only if the third party has reasonable grounds for believing that the other person has authority to represent in that act."	A person who manifested to third parties that he/she granted certain authority of agency to other person shall be relieved of liability for acts performed within the scope of such authority if the person makes allegations and shows proof that such third parties knew, or were negligent in not knowing, that such other person were not granted the authority of agency.	riteval_H29_en.xml
0	H29-5-U	N	"Article 110
The provisions of the main clause of paragraph (1) of the preceding Article apply mutatis mutandis if an agent performs an act exceeding the agent's authority to represent and a third party has reasonable grounds for believing that the agent has the authority as an agent."	Apparent authority of act exceeding authority shall not arise if the principal was not negligent as to the fact that the counterparty believed that the person who acted as an agent had the authority to perform the act.	riteval_H29_en.xml
0	H29-6-U	N	"Article 160
With respect to an estate, the prescription period does not expire until six months have passed from the time when the heir is identified, the administrator is appointed, or commencement of bankruptcy proceeding is ordered."	With respect to any inherited property, even if the administrator of the inherited property is appointed, the prescription shall not be completed until the applicable heir is identified.	riteval_H29_en.xml
0	H29-6-E	N	"Article 457
(1) The postponement of expiry of prescription period and the renewal of prescription period due to grounds such as a request for performance in relation to the principal obligor are also effective in relation to the guarantor.
(2) A guarantor may assert against the obligee a defense that can be raised by the principal obligor.
(3) If the principal obligor has a right to set-off, right to rescind or right to cancel against the obligee, the guarantor may refuse to perform the obligation to the obligee to the extent that the principal obligor should have been released from the obligation by exercising these rights.
Article 147
(1) If any of the following grounds exists, the period of prescription does not expire until the ground ceases to exist (if the ground ceases to exist while the right remains undetermined by a final and binding judgment or anything that has the same effect as a final and binding judgment, until six months have passed from the time of cessation):
(i) demand by litigation;
(ii) demand for payment;
(iii) settlement referred to in Article 275, paragraph (1) of the Code of Civil Procedure or mediation under the Civil Conciliation Act (Act No. 222 of 1951) or the Domestic Relations Case Procedure Act (Act No. 52 of 2011); or
(iv) participation in bankruptcy proceeding, rehabilitation proceeding or reorganization proceeding.
(2) In the case referred to in the preceding paragraph, if a right is determined by a final and binding judgment or anything that has the same effect as a final and binding judgment, a new period of prescription commences to run at the time when the grounds set forth in the items of that paragraph cease to exist;."	If the principal obligor waives the benefit of the prescription with respect to his/her obligation, the waiver shall also be effective vis-a-vis the guarantor.	riteval_H29_en.xml
0	H29-8-A	Y	"Article 255
If one of co-owners waives interest or dies without an heir, the-waived interest belongs to the other co-owners."	"In the case where A and B co-own the land ""X"", if A renounces his/her share, A's share shall vest in B."	riteval_H29_en.xml
0	H29-9-A	N	"Article 213
(1) If the partition of land creates a parcel of land that has no access to public roads, the owner of that parcel of land may pass to the public roads only through the lands owned by another person that participated in the partition.In this case, it is necessary to pay compensation.
(2) The provisions of the preceding paragraph apply mutatis mutandis if the owner of land transfers part of the land to another person."	"If the partition of the land co-owned by A and B creates the land ""X"", which has no access to public roads and the land ""Y"", which has access to public roads, A, the owner of the land ""X"", may pass to the public roads through B's land ""Y"", but it shall be necessary to pay compensation with respect to the passage."	riteval_H29_en.xml
0	H29-9-I	Y	"Article 225
(1) If two buildings are owned by different owners and there is an open lot between them, each owner may install a fence on the boundary, sharing the expenses with the other owner.
(2) If no agreement is reached between the parties, the fence referred to in the preceding paragraph must be a wooden fence, a bamboo fence or a fence made of similar material and must be two meters high."	If two buildings are owned by different owners and there is an open lot between them, each owner may install a fence on the boundary, sharing the expenses with the other owner.	riteval_H29_en.xml
0	H29-9-U	Y	"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 248
A person that suffers loss because of the application of the provisions of Article 242
through the preceding Article may demand compensation in accordance with the provisions of Article 703
and Article 704."	If the principal movable owned by A and the accessory movable owned by B 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 A and B may demand compensation against A.	riteval_H29_en.xml
0	H29-9-E	Y	"Article 253
(1) Each co-owner pays the expenses of management and bears burdens regarding the property in co-ownership, in proportion to each co-owner's interest.
(2) If a co-owner does not perform the obligations referred to in the preceding paragraph within one year, other co-owners may acquire that co-owner's interest by paying a reasonable compensation."	In the case where A and B co-own a building, if A has paid for B the expenses of management in proportion to B's share and has demanded B to perform the obligation of the reimbursement but B does not perform the obligation within one year, A may acquire B's share by paying reasonable compensation.	riteval_H29_en.xml
0	H29-9-O	N	"Article 221
(1) A landowner may use a structure installed by the owner of higher or lower land in order to cause water from the landowner's land to pass through that land.
(2) In the cases referred to in the preceding paragraph, the person using the other person's structure must bear the expenses of the installation and preservation of the structure in proportion to the benefit that person enjoys."	"In the case where, in order to cause drainage water from the land ""X"" owned by A to pass, A starts to use the drainage facility already established by B, owner of the land ""Y"", which is lower than the land ""X"", it is necessary for A to bear the expenses of the preservation of the facility in proportion to the benefit he/she enjoys, but it is not necessary for him/her to bear the expenses of the establishment of the facility."	riteval_H29_en.xml
0	H29-13-A	N	"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."	Statutory liens on expenses for the common benefit shall prevail over all special statutory liens.	riteval_H29_en.xml
0	H29-13-I	Y	"Article 330
(1) If there are competing special statutory liens against the same movables, the order of priority follows the order set forth below.In this case, if there are two or more preservers with respect to the statutory liens for preservation of movables set forth in item (ii), a new preserver has priority over previous preservers:
(i) statutory liens for leases of immovables, lodging at hotels and transportation;
(ii) statutory liens for the preservation of movables; and
(iii) statutory liens for the sale of movables, the supply of seeds and seedlings or fertilizer, agricultural labor and industrial labor.
(2) In the cases referred to in the preceding paragraph, if a holder of a statutory lien ranked first knew at the time of acquiring the relevant claim of the existence of a holder of a statutory lien of the second or third rank, that holder may not exercise the relevant rights of priority against those persons. The same applies to the exercise against persons that have preserved things on behalf of the holder of a statutory lien of the first rank.
(3) Regarding fruits, the first rank belongs to persons who engage in agricultural labor, the second rank belongs to persons that supply seeds and seedlings or fertilizer, and the third rank belongs to lessors of land."	With respect to natural fruits of agricultural land, statutory liens for agricultural labor shall prevail over statutory liens for leases of immovable properties.	riteval_H29_en.xml
0	H29-13-U	Y	"Article 339
Statutory liens registered in accordance with the provisions of the preceding two Articles may be exercised prior to mortgages.
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 construction work for immovable properties whose budgeted expenses were registered prior to the commencement of the same shall prevail over the mortgage whose creation was registered prior to those registrations.	riteval_H29_en.xml
0	H29-13-E	N	"Article 331
(1) If there is conflict among special statutory liens against the same immovables, the order of priority follows the order set forth in the items of Article 325.
(2) If the same immovables are subject to successive sales, the order of priority of the statutory liens for the sale of the immovables among sellers follows the chronological order of the sales.
Article 325
A person that has a claim arising from the causes set forth below has a statutory lien over specific immovables of the obligor:
(i) the preservation of immovables;
(ii) construction work for immovables; or
(iii) the sale of immovables."	In cases where there is conflict between statutory liens for preservation of immovable properties and statutory liens for construction work for immovable properties with respect to the same immovable properties, the order of priority shall be the same.	riteval_H29_en.xml
0	H29-13-O	Y	"Article 332
If there are two or more holders of statutory liens with the same priority with respect to the same object, the holders of statutory liens are paid in proportion to the amounts of their claims."	If there are two or more holders of statutory liens with the same priority with respect to the same object, the holders of statutory liens shall be paid in proportion to the amounts of their claims.	riteval_H29_en.xml
0	H29-14-U	N	"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."	In cases where the due date of the claim that is the subject matter of the pledge over a claim has arrived, even if the due date of the secured claim has not arrived, the pledgee may directly collect the claim that is the subject matter of the pledge over a claim.	riteval_H29_en.xml
0	H29-14-E	Y	"Article 520-7
The provisions of Article 520-2 through the preceding Article apply mutatis mutandis to the creation of a pledge on a negotiable instrument payable to order.
Article 520-2
Assignment of a negotiable instrument payable to order does not become effective unless the instrument is indorsed and delivered to the assignee."	When a pledges is to be created over a claim, and the delivery of an instrument evidencing it is required for its assignment, the creation of the pledge shall take effect by the delivery of such instrument.	riteval_H29_en.xml
0	H29-16-A	N	"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."	In cases where, after a contract for sale of movables was concluded and a portion of the purchase money was paid, the contract for sale was cancelled due to default, upon refunding the portion of the purchase money received, the seller does not have to pay interest from the time of the receipt of that money.	riteval_H29_en.xml
0	H29-16-U	N	"Article 547
If no period of time is specified for the exercise of the right to cancel, the other party may issue a notice of demand to the holder of the right to cancel, specifying a reasonable period of time, to the effect that the holder of the right to cancel is to give a definite answer as to whether the holder will cancel or not within that period of time.In this case, if no notice of cancellation is received within that period, the right to cancel is extinguished."	In the case where a contract for sale was concluded between A and B and A defaults, if, even though A issues a notice of demand to B, specifying a reasonable period, to the effect that B is to give a definite answer as to whether or not the right to cancel the contract will be exercised, B does not give the notice of cancellation within the period, A shall not be liable for the default after that.	riteval_H29_en.xml
0	H29-17-A	Y	"Article 423
(1) An obligee may exercise the right of the obligor (hereinafter referred to as the ""subrogor's right"") when it is necessary to do so in order to preserve the obligee's own claim; provided, however, that this does not apply to rights which belong exclusively to and are personal to the obligor or rights which are immune from attachment.
(2) The obligee may not exercise the subrogor's right unless and until the obligee's claim becomes due;provided, however, that this does not apply to an act of preservation.
(3) The obligee may not exercise the subrogor's right if the obligee's claim is not enforceable by compulsory execution."	Even if an obligee's claim has not become due, with respect to acts of preservation, the obligee may exercise the obligor's right in subrogation of the obligor.	riteval_H29_en.xml
0	H29-18-I	Y	"Article 438
If novation takes place between one of the joint and several obligors and the obligee, the claim is extinguished for the benefit of all joint and several obligors."	If there is any novation between one joint and several obligor and the obligee, other joint and several obligor(s) shall be relieved of the previous obligation and shall not be liable for the obligation which newly arises by novation.	riteval_H29_en.xml
0	H29-18-E	Y	"Article 440
If there is a merger between one of the joint and several obligors and the obligee, the joint and several obligor is deemed to have performed the obligation."	The nullification of prescription due to acknowledgement of the obligation by one joint and several obligor shall not affect other joint and several obligors.	riteval_H29_en.xml
0	H29-19-A	N	"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."	An obligee who assigned a claim against the special agreement prohibiting the assignment of the claim may assert the nullity of such assignment on the grounds of the existence of the special agreement unless the obligor has acknowledged the assignment.	riteval_H29_en.xml
0	H29-21-E	Y	"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 the case where, with respect to A's claim against B, B made the performance vis-a-vis C, who had no authority to receive the performance, and A was enriched as a result thereof, even if B knew that C had no authority to receive the performance, the performance shall have the effect to the extent A is enriched.	riteval_H29_en.xml
0	H29-21-O	Y	"Article 477
Performance made by making payment into the obligee's account for deposits becomes effective when the obligee acquires a right to demand the refund of the amount paid, against the obligor of the claim to be paid from deposits.
Article 475
If a person effecting performance has delivered a thing owned by another person in performance of the obligation, the person so effecting performance may not recover that thing without effecting valid performance de novo."	If A, who assumes an obligation to deliver a movable, delivered, to the obligee B, a movable owned by others as the performance of the obligation and B consumed the movable not knowing that the movable was owned by others, such performance shall be effective.	riteval_H29_en.xml
0	H29-23-A	Y	"Article 528
If the offeree has accepted the offer by adding a condition or making other modifications, it is deemed that the offeree has refused the offer and made a new offer."	If the offeree has accepted the offer by adding any condition or has accepted it by making any other modification, it shall be deemed that the offeree has refused the offer and has made a new offer.	riteval_H29_en.xml
0	H29-23-I	Y	"Article 526
If an offeror dies, comes to be in a constant state wherein the offeror lacks mental capacity, or becomes subject to restrictions on legal capacity to act after issuing notice of the offer, and the offeror has manifested the intention not to make the offer effective should any of these facts occur, or the other party comes to know that any of these facts has occurred before issuing a notice of acceptance, that offer is not effective."	In cases where no notice of acceptance is required due to the offeror's manifestation of intention or usage of trade, the contract shall be formed upon the occurrence of any fact which ought to be regarded as a manifestation of intention of acceptance.	riteval_H29_en.xml
0	H29-23-U	N	"Article 521
(1) Unless otherwise provided for in laws and regulations, any person may freely decide whether or not to conclude a contract.
(2) Parties to a contract may freely decide the terms of the contract, subject to the restrictions prescribed by laws and regulations."	In cases where the notice of acceptance of an offer that specify period for acceptance was dispatched within the period, the contract shall be formed and become effective even if the notice of acceptance did not arrive at the offeror.	riteval_H29_en.xml
0	H29-23-E	Y	"Article 523
(1) An offer which specifies a period for acceptance may not be revoked;provided, however, that this does not apply if the offeror reserves the right to revoke.
(2) If an offeror does not receive notice of acceptance of the offer referred to in the preceding paragraph within the period referred to in that paragraph, the offer ceases to be effective."	The offeror may deem a delayed acceptance to be a new offer.	riteval_H29_en.xml
0	H29-23-O	N	"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."	In cases where, after the notice of acceptance of the offer that had not specified period for acceptance had been dispatched, the notice to revoke the offer arrived at the offeree, if the offeree was in a position to know that the notice had been dispatched at a time which, under normal circumstances would have allowed the notice to arrive before the dispatch of the acceptance notice, it shall be deemed that no contract was formed regardless of whether or not the offeree dispatches to the offeror a notice to the effect that the notice to revoke the offer arrived late.	riteval_H29_en.xml
0	H29-25-U	N	"Article 552
A gift that is to be delivered periodically ceases to be effective on the death of the donor or the donee."	Periodic gifts shall lose its effect on the death of the donee, but they shall not lose its effect even if the donor dies.	riteval_H29_en.xml
0	H29-25-E	N	"Article 553
With respect to gifts with burden, beyond what is provided for in this Section, the provisions regarding bilateral contracts apply mutatis mutandis, to the extent those provisions are not inconsistent with the nature of gifts with burden."	With respect to gifts, even if they are with burden, the provisions regarding bilateral contracts shall not apply mutatis mutandis.	riteval_H29_en.xml
0	H29-26-2	Y	"Article 533
A party to a bilateral contract may refuse to perform that party's own obligation until the other party tenders the performance of that other party's obligation (including the performance of an obligation to compensate for loss or damage in lieu of the performance of an obligation);provided, however, that this does not apply if the obligation of the other party is not yet due."	In cases where the buyer alleges a defense for simultaneous performance, the seller may allege that there was an agreement that the payment of purchase money would be made prior to the delivery of the subject matter and the procedure for registration of transfer of the ownership, as re-defense.	riteval_H29_en.xml
0	H29-26-5	N	"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."	If any mortgage is registered on immovable property that is the subject matter of a sales contract, the buyer may refuse to pay the purchase money until the completion of the procedures of the claim for extinguishment of the mortgage.	riteval_H29_en.xml
0	H29-27-E	N	"Article 561
If the subject matter of a sale is another person's right (including a part of a right that belongs to another person), the seller bears an obligation to acquire the right and transfer it to the buyer."	"A contract to the effect that B would sell C a land ""X"" owned by A (hereinafter referred to as the ""Contract for Sale"") was concluded.
In the case where, at the time when the Contract for Sale was concluded, B did not know that the ownership of the land ""X"" did not belong to B and C knew that the ownership of the land ""X"" did not belong to B, if B cannot acquire the ownership of the land ""X"" and transfer the same to C, B may cancel the Contract for Sale by notifying C to the effect that B cannot transfer the ownership of the land ""X""."	riteval_H29_en.xml
0	H29-27-O	N	"Article 542
(1) In the following cases, the obligee may immediately cancel the contract without making the demand referred to in the preceding Article:
(i) if the performance of the whole of the obligation is impossible;
(ii) if the obligor unequivocally manifests the intention to refuse to perform the obligation in whole;
(iii) if the performance of part of the obligation is impossible, or if the obligor clearly manifests the intention to refuse to perform part of the obligation and the purpose of the contract cannot be achieved by the performance of the remaining part of the obligation;
(iv) if, due to the nature of the contract or a manifestation of intention by the parties, the purpose of the contract cannot be achieved unless the obligation is performed at a specific time on a specific date or within a certain period of time, and the obligor fails to perform the obligation at that time or before that period of time expires; or
(v) beyond the cases set forth in the preceding items, if the obligor does not perform the obligation and it is obvious that the obligor is unlikely to perform the obligation to the extent necessary to achieve the purpose of the contract even if the obligee makes the demand referred to in the preceding Article.
(2) In the following cases, the obligee may immediately cancel a part of the contract without making the demand referred to in the preceding Article:
(i) the performance of the part of the obligation is impossible; or
(ii) the obligor clearly manifests the intention to refuse to perform the part of the obligation.
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."	"A contract to the effect that B would sell C a land ""X"" owned by A (hereinafter referred to as the ""Contract for Sale"") was concluded.
In the case where, at the time of conclusion of the Contract for Sale, C did not know that the ownership of the land ""X"" did not belong to B, if B cannot acquire the ownership of the land ""X"" and transfer the same to C, C may cancel the Contract for Sale only within one year from the time when he/she came to know that the ownership of the land ""X"" did not belong to B."	riteval_H29_en.xml
0	H29-28-A	N	"Article 633
Remuneration must be paid simultaneously with delivery of the subject matter of work performed;provided, however, that if no delivery of a thing is required, the provisions of Article 624, paragraph (1) apply mutatis mutandis."	If the delivery of the subject matter of work performed is required, the contractor may not claim the remuneration until and unless he/she has delivered the same.	riteval_H29_en.xml
0	H29-28-E	N	"Article 521
(1) Unless otherwise provided for in laws and regulations, any person may freely decide whether or not to conclude a contract.
(2) Parties to a contract may freely decide the terms of the contract, subject to the restrictions prescribed by laws and regulations."	The duration of contractor's warranty may not be extended by contract.	riteval_H29_en.xml
0	H29-29-A	Y	"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."	In the case where a depositary has undertaken a deposit gratuitously, it shall be sufficient if he/she retains the Thing deposited exercising care identical to that he/she exercises for his/her own property.	riteval_H29_en.xml
0	H29-29-I	Y	"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."	The depositor, regardless of making payment or not, must compensate the depositary for damages that occur due to the nature of or defects in the Thing deposited except when the depositor did not, without negligence, know of such nature or defect, or the depositary knew of the same.	riteval_H29_en.xml
0	H29-29-U	N	"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."	A depositary may not use, or allow third parties to retain, the Thing deposited without obtaining the consent of the depositor.	riteval_H29_en.xml
0	H29-29-E	N	"Article 663
(1) If the parties have not specified the timing of the return of the bailed thing, the bailee may return the same at any time.
(2) If the timing of the return is specified, the bailee may not return the deposited thing prior to the due date unless there is a compelling reason to do so."	Even in cases where the timing of the return of the deposited goods is specified, the depositary may return the deposited goods prior to the timing of the return if the reasonable period has elapsed after he/she notified the depositor of the return.	riteval_H29_en.xml
0	H29-29-O	N	"Article 666
(1) If a bailee may consume the bailed thing by contract, the bailee must return the thing that is the same kind, quality and quantity as the bailed thing.
(2) The provisions of Articles 591 and 592 apply mutatis mutandis to the case prescribed in the preceding paragraph.
(3) The provisions of Article 591, paragraphs (2) and (3) apply mutatis mutandis to the case of a bailment of money by a contract concerning deposits."	Even if the timing of the return of the Thing deposited is specified, the depositor in cases of a deposit for consumption may demand the return of the Thing deposited at any time.	riteval_H29_en.xml
0	H29-33-A	N	"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 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."	Even 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 curatorship if the person's spouse files a petition seeking the order of the commencement of curatorship.	riteval_H29_en.xml
0	H29-36-1	N	"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."	The creditor of a partnership may not exercise his/her rights against each partner.	riteval_H29_en.xml
0	H29-37-U	Y	"Article 106
(1) A subagent represents the principal with respect to acts within the scope of the authority thereof.
(2) A subagent has the same rights and obligations as an agent in relation to the principal and third parties within the scope of that subagent's authority.
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."	In cases where a privately appointed agent lawfully appointed its sub-agent, if the sub-agent has received monies and other Things during the course of administering the mandated business, the sub-agent shall assume an obligation to deliver to the principal the received Things.	riteval_H29_en.xml