朕商法ヲ裁可シ之ヲ公布セシム此法律ハ明治二十四年一月一日ヨリ施行スヘキコトヲ命ス
御名御璽
明治二十三年三月二十七日
內閣總理大臣兼內務大臣　伯爵　山縣有朋
海軍大臣　伯爵　西鄕從道
司法大臣　伯爵　山田顯義
大藏大臣　伯爵　松方正義
陸軍大臣　伯爵　大山巖
文部大臣　子爵　榎本武揚
遞信大臣　伯爵　後藤象二郞
外務大臣　子爵　靑木周藏
農商務大臣　岩村通俊
法律第三十二號
商法目錄
CONTENTS.
總則
GENERAL PROVISIONS.
第一編
商ノ通則
BOOK I. COMMERCE IN GENERAL.
第一章
商事及ヒ商人
CHAPTER I. -- Commercial Matters and Traders.
第二章
商業登記簿
CHAPTER II. -- Commercial Registers.
第三章
商號
CHAPTER III. -- Firm Names.
第四章
商業帳簿
CHAPTER IV. -- Trade Books.
第五章
代務人及ヒ商業使用人
CHAPTER V. -- Trade Procurators and Assistants.
第六章
商事會社及ヒ共算商業組合
CHAPTER VI. -- Commercial Partnerships and Companies and Joint Trade Associations.
商事會社總則
General Provisions for Commercial Partnerships and Companies.
第一節
合名會社
SECTION I. -- Ordinary Partnership (GomeiKwaisha).
第一款
會社ノ設立
SUBSECTION 1. -- Formation of the Partnership
第二款
會社契約ノ變更
SUBSECTION 2. -- Alteration of the Partnership Contract
第三款
社員間ノ權利義務
SUBSECTION 3. -- Rights and Duties of Partners among themselves.
第四款
第三者ニ對スル社員ノ權利義務
SUBSECTION 4. -- Rights and Duties of Partners with regard to Third Persons.
第五款
社員ノ退社
SUBSECTION 5. -- Cessation of Membership of Partners.
第六款
會社ノ解散
SUBSECTION 6. -- Dissolution of Partnership.
第二節
合資會社
SECTION II. -- Limited Partnership(GoshiKwaisha).
第三節
株式會社
SECTION III. -- Jointstock Companies(KabushikiKwaisha).
第一款
總則
SUBSECTION 1. -- General Provisions.
第二款
會社ノ發起及ヒ設立
SUBSECTION 2. -- Promotion and Formation of Joint-stock Companies.
第三款
會社ノ商號及ヒ株主名簿
SUBSECTION 3. -- Firm Name of Company and List of Shareholders.
第四款
株式
SUBSECTION 4. -- Shares.
第五款
取締役及ヒ監査役
SUBSECTION 5. -- Directors and Inspectors.
第六款
株主總會
SUBSECTION 6. -- General Meetings of Shareholders.
第七款
定款ノ變更
SUBSECTION 7. -- Alteration of the Regulations of a Company.
第八款
株金ノ拂込
SUBSECTION 8. -- Payment of Calls.
第九款
會社ノ義務
SUBSECTION 9. -- Duties of a Company.
第十款
會社ノ檢査
SUBSECTION 10. -- Investigation of Affairs.
第十一款
取締役及ヒ監査役ニ對スル訴訟
SUBSECTION 11. -- Proceedings against Directors and Inspectors.
第十二款
會社ノ解散
SUBSECTION 12. -- Dissolution of Companies.
第十三款
會社ノ淸算
SUBSECTION 13. -- Liquidation of Companies.
第四節
罰則
SECTION IV. -- Penal Provisions.
第五節
共算商業組合
SECTION V. -- Joint Trade Associations (KiosanshogioKumiai)
第七章
商事契約
CHAPTER VII. -- Commercial Contracts.
第一節
契約ノ種類
SECTION I. -- The Different Kinds of Contracts.
第二節
契約ノ取結
SECTION II. -- Conclusion of Contracts.
第三節
契約ノ履行
SECTION III. -- Performance of Contracts.
第四節
價額賠償、損害賠償及ヒ割引
SECTION IV. -- Compensation, Damages and Discount.
第五節
違約金
SECTION V. -- Penalties.
第六節
代理
SECTION VI. -- Agency.
第七節
時効
SECTION VII. -- Prescription.
第八節
交互計算
SECTION VIII. -- Accounts Current.
第九節
質權
SECTION IX. -- Pledge.
第十節
留置權
SECTION X. -- Lien.
第十一節
指圖證券及ヒ無記名證券
SECTION XI. -- Documents to Order and Documents to Bearer.
第八章
代辨人、仲立人、仲買人、運送取扱人及ヒ運送人
CHAPTER VIII. -- Public Agents,Brokers,Commission Agents, Forwarding Agents, and Inland Carriers.
第一節
總則
SECTION I. -- General Provisions.
第二節
代辨人
SECTION II. -- Public Agents.
第三節
仲立人
SECTION III. -- Brokers.
第四節
取引所仲立人
SECTION IV. -- Exchange Brokers.
第五節
仲買人
SECTION V. -- Commission Agents.
第六節
運送取扱人
SECTION VI. -- Forwarding Agents.
第七節
運送人
SECTION VII. -- Inland Carriers.
第八節
旅客運送
SECTION VIII. -- Inland Conveyance of Passengers.
第九章
賣買
CHAPTER IX. -- Sale.
第一節
賣買契約
SECTION I. -- Contracts of Sale.
第二節
供給契約
SECTION II. -- Contracts of Supply.
第三節
競賣
SECTION III. -- Auctions.
第四節
取戾權
SECTION IV. -- Stoppage in Transit.
第十章
信用
CHAPTER X. -- Credit.
第一節
消費貸借
SECTION I. -- Loan for Consumption.
第二節
信用約束
SECTION II. -- Promise of Credit.
第三節
寄託
SECTION III. -- Deposit.
第十一章
保險
CHAPTER XI. -- Insurance.
第一節
總則
SECTION I. -- General Provisions.
第二節
火災及ヒ震災ノ保險
SECTION II. -- Insurance against Fire and Earthquakes.
第三節
土地ノ產物ノ保險
SECTION III. -- Insurance of Products of the Soil.
第四節
運送保險
SECTION IV. -- Inland Transit Insurance.
第五節
生命保險、病傷保險及ヒ年金保險
SECTION V. -- Life Insurance, Insurance against Accidents,and Insurance of Annuities.
第六節
保險營業ノ公行
SECTION VI. -- Publicity of Insurance.
第十二章
手形及ヒ小切手
CHAPTER XII. -- Bills of Exchange, Promissory Notes and Cheques.
總則
General Provisions.
第一節
爲替手形
SECTION I. -- Bills of Exchange.
第一款
振出
SUBSECTION 1. -- Drawing.
第二款
裏書
SUBSECTION 2. -- Indorsement.
第三款
引受
SUBSECTION 3. -- Acceptance.
第四款
榮譽引受
SUBSECTION 4. -- Acceptance for Honour.
第五款
保證
SUBSECTION 5. -- Security.
第六款
支拂
SUBSECTION 6. -- Payment.
第七款
榮譽支拂
SUBSECTION 7. -- Payment for Honour.
第八款
償還請求
SUBSECTION 8. -- Recourse.
第九款
拒證書作成
SUBSECTION 9. -- Protest.
第十款
戾爲替手形
SUBSECTION 10. -- Return Bills.
第十一款
資金
SUBSECTION 11. -- Provision.
第二節
約束手形
SECTION II. -- Promissory Notes.
第三節
小切手
SECTION III. -- Cheques.
第二編
海商
BOOK II. MARITIME COMMERCE.
第一章
船舶
CHAPTER I. -- Ships.
第二章
船舶所有者
CHAPTER II. -- Shipowners.
第一節
船舶所有權ノ取得及ヒ移轉
SECTION I. -- Acquisition, and Transfer of Ownership in Ships.
第二節
船舶所有者ノ權利及ヒ義務
SECTION II. -- Rights and Obligations of Shipowners.
第三章
船舶債權者
CHAPTER III. -- Ship's Creditors.
第四章
船長及ヒ海員
CHAPTER IV. -- Masters and Crew.
第一節
船長
SECTION I. -- Masters.
第二節
海員
SECTION II. -- Crew.
第五章
運送契約
CHAPTER V. -- Contracts of Affreightment.
第一節
船舶賃貸借契約
SECTION I. -- Charterparty.
第二節
船荷證書
SECTION II. -- Bills of Lading.
第三節
運送賃
SECTION III. -- Freight.
第四節
旅客運送
SECTION IV. -- Conveyance of Passengers.
第六章
海損
CHAPTER VI. -- Average.
第七章
冒險貸借
CHAPTER VII. -- Bottomry.
第八章
保險
CHAPTER VIII. -- Insurance.
第一節
保險契約ノ取結
SECTION I. -- Conclusion of the Contract of Insurance.
第二節
保險者及ヒ被保險者ノ權利義務
SECTION II. -- Rights and Duties of Insurer and Insured.
第三節
委棄
SECTION III. -- Abandonment.
第九章
時効
CHAPTER IX. -- Prescription.
第三編
破產
BOOK III. BANKRUPTCY.
第一章
破產宣吿
CHAPTER I. -- Adjudication of Bankruptcy.
第二章
破產ノ効力
CHAPTER II. -- Effects of Bankruptcy.
第三章
別除權
CHAPTER III. -- Right of Separation.
第四章
保全處分
CHAPTER IV. -- Precautionary Measures.
第五章
財團ノ管理及ヒ換價
CHAPTER V. -- Administration and Realization of the Bankruptcy Estate.
第六章
債權者
CHAPTER VI. -- Creditors.
第一節
債權ノ屆出及ヒ確定
SECTION I. -- Notification and Establishment of Right of Claim.
第二節
特種ノ債權者
SECTION II. -- Particular Kinds of Creditors.
第三節
債權者集會
SECTION III. -- Meetings of Creditors.
第七章
協諧契約
CHAPTER VII. -- Composition.
第八章
配當
CHAPTER VIII. -- Distribution.
第九章
有罪破產
CHAPTER IX. -- Penal Bankruptcy.
第十章
破產ヨリ生スル身上ノ結果
CHAPTER X. -- Personal Consequences of Bankruptcy.
第十一章
支拂猶豫
CHAPTER XI. -- Respite.
商法
COMMERCIAL CODE.
總則
GENERAL PROVISIONS.
第一條　商事ニ於テ本法ニ規定ナキモノニ付テハ商慣習及ヒ民法ノ成規ヲ適用ス
ARTICLE 1.　In commercial matters, so far as in this Code not provided for, the usages of trade and the provisions of the Civil Code apply.
第二條　特種ノ商事又ハ商人ノ爲メニ發布シタル法律、命令及ヒ規則ノ効力ハ本法ニ因リ妨ケラルルコト無シ
2.　The validity of laws, ordinances, or regulations, promulgated with reference to particular classes of commercial matters or traders is not affected by this Code.
第一編　商ノ通則
BOOK I. COMMERCE IN GENERAL.
第一章　商事及ヒ商人
CHAPTER I. COMMERCIAL MATTERS AND TRADERS.
第三條　商事トハ商人又ハ其他ノ人ノ爲シタルニ拘ハラス總テノ商取引及ヒ其他本法ニ規定シタル事項ヲ謂フ
3.　Commercial matters are all commercial transactions, whether entered into by traders, or other persons, and such other matters as are in this Code provided for.
第四條　商取引トハ賣買、賃貸又ハ其他ノ取捌ノ方法ニ因リ產物、商品又ハ有價證券ノ轉換ヲ以テ利益ヲ得又ハ生計ノ爲メニスル旨趣ニテ直接又ハ間接ニ行フ所ノ總テノ權利行爲ヲ謂フ殊ニ左ニ揭クルモノハ商取引ニ屬ス
4.　Commercial transactions are all legal acts which are either directly or indirectly performed with the object of making a profit or earning a living by traffic in produce, merchandise, or documentary securities, by means of buying and selling, letting for hire, or any other mode of cession ; they include, in particular:--
第一　產物ノ交換、販賣ヲ目的トスル取引
i.　Transactions having for object the barter or sale of produce ;
第二　製造、工業及ヒ手職業ニ係ル作業及ヒ取引
ii.　Undertakings and transactions relating to manufacture, industry and handicraft ;
第三　人及ヒ物ノ運送ニ係ル作業及ヒ取引
iii.　Undertakings and transactions relating to the conveyance of persons and the carriage of goods ;
第四　航漕ニ係ル作業及ヒ取引
iv.　Undertakings and transactions relating to the navigation of ships and to conveyance and carriage thereby ;
第五　建築ニ係ル作業及ヒ取引
v.　Undertakings and transactions relating to building ;
第六　銀行營業ニ係ル作業及ヒ取引
vi.　Undertakings and transactions relating to banking ;
第七　流通シ得ヘキ信用證券ノ發行及ヒ流通ニ係ル作業及ヒ取引
vii.　Undertakings and transactions relating to the issue and circulation of negotiable instruments of credit ;
第八　商ノ爲メニ爲シ又ハ受クル倉庫寄託及ヒ其他ノ寄託ニ係ル作業及ヒ取引
viii.　Undertakings and transactions relating to warehousing and other modes of deposit, made or received for purposes of trade ;
第九　船舶ノ賣買、質入、抵當、構造、修繕、艤裝及ヒ乘組ニ係ル作業及ヒ取引
ix.　Undertakings and transactions relating to the buying, selling, pledging and mortgaging of ships, and to the building, repairing, outfitting and equipping thereof ;
第十　取引所ノ取引
x.　Transactions on Exchange ;
第十一　保險ニ係ル作業及ヒ取引
xi.　Undertakings and transactions relating to insurance.
第五條　其他左ニ揭クルモノハ之ヲ商取引ト看做ス
5.　The following are also to be deemed commercial transactions:--
第一　公ニ開キタル店舖、帳場若クハ其他ノ營業所ニ於テ又ハ公吿ヲ爲シテ營ム兩替及ヒ利息若クハ其他ノ報酬ヲ受クル金錢貸付
i.　Money changing, or money lending in return for interest or other remuneration, where it takes place in a public shop, office, or other place of business, or where it takes place in consequence of public advertisements ;
第二　新聞紙及ヒ其他ノ定期印刷物ノ發行
ii.　The publication of newspapers or other periodical prints ;
第三　商事ニ於ケル各般ノ代理及ヒ委任
iii.　Every act of agency or of instruction in commercial matters ;
第四　公ナル周旋所及ヒ代辨ノ營業
iv.　The carrying on of public business offices or of public agencies ;
第五　公ナル共歡場及ヒ娛遊場ノ營業
v.　The carrying on of public enterprises for entertainment or amusement ;
第六　受負作業ノ引受
vi.　The undertaking of any work by a contractor.
第六條　商人其營業上ニ於テ取結ヒ又ハ他ノ商人若クハ作業人ト取結ヒタル取引ハ反對ノ證ナキトキハ之ヲ商取引ト看做ス
6.　Transactions concluded by a trader in the course of his business, or concluded by him with some other trader or contractor, are, unless the contrary is proved, to be regarded as commercial transactions.
第七條　左ニ揭クルモノハ之ヲ商取引ト看做サス
7.　The following are not to be regarded as commercial transactions:--
第一　所有地又ハ借地ヨリ收穫シタル產物ヲ賣ルコト但營業ノ目的ヲ以テセサルモノニ限ル
i.　The selling of produce gathered by a person from his own land or from land leased, provided that it is not done for the purpose of carrying on a business ;
第二　戶戶ニ就キ又ハ道路ニ於テ物品ヲ賣リ又ハ勞役ヲ供スルコト但常設ノ營業所ヨリ出ツルモノハ此限ニ在ラス
ii.　The selling of wares or the offering of services, in a public street or from house to house, unless emanating from some established place of business ;
第三　專ラ勞力賃ノミヲ得ル目的ニテ物品ヲ製作シ又ハ勞役ヲ爲スコト
iii.　The making of wares or the rendering of services by persons whose remuneration consists merely in wages for their labour ;
第四　他人ノ爲メニ働作又ハ勞役ヲ賃約スルコト但本法中此等ノ契約ニ關スル規定ヲ揭ケサルトキニ限ル
iv.　Agreements for the hiring of labour or services, in so far as any such agreements are not provided for in this Code.
第八條　不動產ニ關スル權利ヲ目的トスル契約ハ商取引トセス但射利ヲ旨趣トスル買得及ヒ轉賣ハ此限ニ在ラス
8.　Contracts having for subject-matter rights to immovables are not commercial transactions, unless they relate to purchase or resale for the purpose of speculation.
第九條　商人トハ總テ商業ヲ營ム者ヲ謂ヒ商業ヲ營ムトハ常業トシテ商取引ヲ爲スコトヲ謂フ
9.　Traders are all persons who carry on a commercial business ; the carrying on of a commercial business is the engaging, as a profession, in commercial transactions.
農作、牧畜、養蠶、狩獵、捕漁及ヒ採藻ノ業ヲ營ムハ商業ヲ營ムト看做サス
The occupation of farmer, grazier, keeper of silkworms, hunter, fisher, or seaweed gatherer is not to be deemed a commercial business.
第十條　契約ニ因リ獨立シテ義務ヲ負フコトヲ得ル各人ハ一時ノ商取引ナルト常時ノ商業ナルトヲ問ハス總テ商ヲ爲スコトヲ得
10.　Every person can trade who can independently bind himself by contract, whether such trading is done by means of single commercial transactions or by means of an established commercial business.
獨立シテ義務ヲ負フコトヲ得サル者ト雖モ其後見人ニ依リ亦商ヲ爲スコトヲ得但後見人ハ商業登記簿ニ其登記ヲ受ク可シ
A person without capacity to bind himself independently can trade through his guardian. The guardian is to be entered in the Commercial Register.
第十一條　男女ヲ問ハス未成年者ニシテ年齡十八歲ニ滿チ且父、母又ハ後見人ノ承諾ヲ得テ獨立ノ生計ヲ立ツル者ハ商ヲ爲スコトヲ得
11.　Minors of either sex, who have completed their eighteenth year, and who have, with the consent of their father, mother, or guardian, established independent means of livelihood, are competent to trade.
右ノ未成年者自己ノ爲メ商ヲ爲サント欲スルトキハ前項ノ要件ヲ明記シ且自己及ヒ父、母又ハ後見人ノ署名捺印シタル陳述書ヲ管轄裁判所ニ差出シ登記ヲ受ク可シ然ルトキハ其登記ノ日ヨリ商事ニ於テ總テノ權利及ヒ義務ニ關シ成年者ト全ク同一ナルモノトス
Every such person, desiring to trade on his own account, is to hand in at the proper Court a statement in writing, setting forth the requisites specified in the preceding paragraph, and signed and sealed by himself, as well as by his father, mother or guardian, and is to have such statement registered. Every person depositing such statement stands, from the date of entry thereof in the register, on an equal footing with persons of full age with respect to rights and obligations in all commercial matters.
第十二條　婦ハ其夫ノ明示又ハ默示ノ承諾ヲ得テ商ヲ爲スコトヲ得此承諾ハ其婦カ夫ニ遺棄セラレ又ハ夫ヨリ必要ノ給養ヲ受ケサルトキハ之ヲ得ルコトヲ要セス
12.　Every married woman is entitled to trade who has obtained the consent, express or implied, of her husband thereto. No such consent is required where a married woman is deserted by her husband, or does not receive from him the necessary means of support.
婦カ其夫ノ商業ヲ助クルノミニテハ之ヲ商人ト看做サス
A married woman who merely assists her husband in his commercial business is not to be deemed a trader.
第十三條　商ヲ爲スコトヲ得ル婦ハ商事ニ於テハ獨立人ノ總テノ權利ヲ得義務ヲ負フ
13.　A married woman competent to trade has in commercial matters all the rights and duties of an independent person.
婦ハ商ノ債務ニ付テハ婦ノ財產ニ對シテ夫ニ屬スル管理權又ハ其他ノ權利アルニ拘ハラス自己ノ全財產ヲ以テ其責任ヲ負フ但夫ノ承諾ヲ得テ商ヲ爲ス場合ニ於テ夫婦間ニ財產共通ノ存スルトキハ共通財產モ亦其責任ヲ負フ
Her entire property is liable for her trade debts, without regard to the right of management, or other rights of her husband with respect to such property. Where a married woman trades with the consent of her husband, their common property is also liable, so far as community of property exists between them.
第十四條　夫婦ノ一方カ商ヲ爲シ夫婦間ニ財產共通ヲ爲ササルトキ又ハ之ヲ解キタルトキハ商業登記簿ニ登記ヲ受クル爲メ其事實ヲ管轄裁判所ニ屆出ツルコトヲ要ス
14.　Where husband and wife, one of whom is engaged in trade, exclude or abolish community of property between them, they must notify the fact to the proper Court for entry in the Commercial Register.
夫婦ハ共ニ同一商事會社ノ無限責任社員タルコトヲ得ス
Husband and wife cannot both at the same time be members with unlimited liability of one and the same commercial partnership.
第十五條　法律上禁セラレタル總テノ商取引又ハ法律上特ニ規定セラレタル別段ノ資格ヲ有セサル者ノ爲シタル總テノ商取引ハ無効タリ
15.　All commercial transactions are invalid which are prohibited by law, or which are entered into by persons who do not possess the special qualifications prescribed by law therefor.
公務ヲ帶フル者商業ヲ營ムコトヲ禁セラレタル場合ト雖モ其者ノ爲シタル取引ハ此理由ノ爲メ無効ト爲ルコト無シ
Where, however, persons charged with public functions are prohibited from carrying on a commercial business, transactions entered into by them are not invalid by reason thereof.
第十六條　一方ノ者ノミニ對シテ商取引タル取引ニ付テハ本法ノ規定ヲ雙方ニ適用ス但本法中商人ノ身分ニ關スル規定及ヒ反對ノ意ヲ表シタル規定ハ此限ニ在ラス
16.　Where a transaction is commercial with regard to only one party thereto, the provisions of this Code, with the exception of such as apply solely to the persons of traders or as express the contrary, are to be applied to both parties.
第十七條　會社及ヒ其他ノ法人カ商業ヲ營ムトキハ亦商業ニ付キ設ケタル規定ヲ遵守スルコトヲ要ス
17.　Provisions relating to commercial businesses apply also to partnerships, companies and other juridical persons carrying on a commercial business.
第二章　商業登記簿
CHAPTER II. COMMERCIAL REGISTERS.
第十八條　商號、後見人、未成年者、婚姻契約、代務及ヒ會社ニ關スル商業登記簿ハ當事者ノ營業所又ハ住所ノ裁判所ニ之ヲ備ヘ登記及ヒ之ニ關スル事務ハ其裁判所之ヲ行フ
18.　The Commercial Registers concerning firm names, guardians, minors, marriage contracts, procurations, and partnerships and companies are to be kept by the Court within whose district the parties concerned have their seat of business or domicile. Such Court makes the entries and manages all matters in connection therewith.
前項ノ營業所又ハ住所ヲ他ノ地ニ移シタルトキハ既ニ登記シタル事實カ尙ホ存スル場合ニ限リ移轉地ニ於テモ亦更ニ其登記ヲ受ク可シ
In the event of the seat of business or domicile being transferred to some other place, the facts entered in the register prior thereto, so far as they still exist, are to be registered also at such other place.
第十九條　登記ハ其度每ニ裁判所ヨリ其地ニ於テ發行スル新聞紙ヲ以テ速ニ之ヲ公吿ス可シ其新聞紙ハ豫メ一曆年ノ間之ヲ定メ置クコトヲ要ス若シ其地ニ發行ノ新聞紙ナキトキハ其公吿ノ方法ハ司法大臣ノ定ムル所ニ依ル又各人ニ商業登記簿ノ縱覽ヲ許シ且手數料ヲ納ムル者ニハ認證シタル謄本ヲ請フコトヲ許ス
19.　Every entry is to be published forthwith by the Court, in a newspaper appearing in the place where the Court has its seat. Such newspaper must be selected in advance for the space of one calendar year. In the event of no newspaper existing at the place in question, the mode of publication is to be determined by the Minister of Justice. The registers are open to public inspection, and a certified copy of any entry may be demanded on payment of fees.
登記及ヒ公吿ヲ受クル每ニ手數料ヲ納メシム其額ハ勅令ヲ以テ一定平等ニ之ヲ定ム
Fees are to be paid for every registration and publication. Such fees are to be settled by Imperial Ordinance at fixed and uniform rates.
第二十條　登記ヲ受ケントスルトキハ當事者ノ署名捺印シタル陳述書ヲ以テ自己又ハ委任狀ヲ受ケタル代理人ヨリ屆出ツルコトヲ要ス其登記ハ卽日又ハ翌日中ニ之ヲ爲ス
20.　Registration must in every case be applied for in person by the parties concerned, or by an agent authorized in writing for such purpose ; the application must be made by production of a declaration in writing, signed and sealed by such parties, and the entry is to be made on the same day or on the day next following.
第二十一條　若シ裁判所ニ於テ登記ヲ拒ミタルトキハ當事者ヨリ其命令ニ對シテ卽時抗吿ヲ爲スコトヲ得
21.　In the event of the Court refusing a registration, the parties concerned may raise immediate complaint against the order.
登記ノ變更又ハ取消ニ付テモ亦前項ニ同シ
The same applies in the case of alteration or cancellation of a previous entry.
第二十二條　登記シタル事項ハ公ニシテ且裁判所ノ認知シタルモノトス何人ト雖モ毫モ己レノ過失ニ非サルコトヲ證シ得ルニ非サレハ之ヲ知ラサルヲ以テ己レヲ保護スルコトヲ得ス然レトモ其事項ハ他ノ方法ニ因リ之ヲ知得タル者ニ對シテハ登記ノ前後ヲ問ハス其効用ヲ致サシム但權利關係カ登記ニ因リ始メテ生ス可キ例外ノ場合ハ其場所ニ於テ之ヲ定ム
22.　Every fact registered is deemed to be of public and judicial cognizance and no one is entitled to plead ignorance thereof, unless he can prove that such ignorance was in no way due to any fault of his own. Such facts may, however, be relied on, either before or after registration, against any person who has otherwise obtained knowledge thereof. The special cases in which the creation of certain legal relations is dependent on registration will be determined in their proper place.
第三章　商號
CHAPTER III. FIRM NAMES.
第二十三條　各商人ハ商號ヲ有シ總テ商業上ニ於テ自己ヲ表示スル爲メ之ヲ用ユ若シ一人ニシテ資本ヲ分チ數箇ノ營業ヲ爲ストキハ其各營業ニ付キ各別ノ商號ヲ有スルコトヲ要ス
23.　Every trader must have a firm name and must use the same to identify himself in all his transactions in the course of business. A person carrying on with separate capital more businesses than one must have a separate firm name for each one of them.
第二十四條　商號ハ從來屋號ト稱スルモノヲ以テスルヲ通例トスト雖モ營業者ノ氏又ハ氏名ヲ以テスルモ妨ナシ
24.　As a rule the so-called yago, hitherto in use, of a person carrying on a business is to form the firm name ; he may, however, use his family name, or his names, as firm name.
第二十五條　商號ノ登記ヲ請ハントスル者ハ商業登記簿ニ登記ヲ受クルコトヲ得支店アルトキハ其支店ニ付テモ亦同シ
25.　Firm names may be entered in the Commercial Register on application. The same applies with respect to branch establishments where such exist.
登記ヲ受ケタル商號ノ變更又ハ廢止ハ速ニ其登記ヲ受ク可シ
Entry is to be made forthwith of every alteration or discontinuance of a registered firm name.
第二十六條　商號ハ登記ニ因リ同一營業ニ付キ一地域內ニ於テ其專有ノ權利ヲ取得シ他人之ヲ用ユルコトヲ得ス但本法施行以前ヨリ有スル商號ハ從前ノ營業ヲ變セサルモノニ限リ一地域內ニ於テ同一ナルモ妨ナシ
26.　By registration the exclusive right is acquired of bearing the firm name in one and the same trade in one and the same district, and no one may in such trade in such district adopt the same firm name ; nevertheless, a firm name existing already prior to this Code coming into force may be continued so long as the description of trade carried on under such firm name remains unaltered, even though such firm name is identical with another in the same district.
第二十七條　相續ニ因リテ商業ヲ引受クル者又ハ契約ニ因リテ商業ト共ニ商號ヲ引受クル者ハ第七十五條ニ規定シタル場合ヲ除ク外從前ノ商號ヲ續用スルコトヲ得
27.　Any person inheriting a business, or acquiring a business by contract together with the firm name, may, subject to what is provided for in Article 75, continue the previous firm name.
第二十八條　商號ハ其營業ト共ニスルニ非サレハ他人ニ讓渡スコトヲ得ス
28.　A firm name can only be transferred to other persons together with the business carried on under such name.
營業ト商號トヲ併セテ讓渡ストキハ其商號ヲ續用スルト之ヲ變更スルトヲ問ハス取引ノ仕殘、債務、得意先及ヒ商業帳簿モ共ニ讓渡スモノト看做ス但特約アルトキハ此限ニ在ラス
Where a business is disposed of together with the firm name, the outstanding transactions, the debts, the good-will, and the trade books, are in the absence of any agreement to the contrary, and irrespective of whether the firm name is retained or altered, to be deemed to be disposed of together with such business.
商號引受ノ通知又ハ公吿ノ中ニ特約ヲ明揭セサルトキハ其特約ハ第三者ニ對シテ無効タリ
Any such agreement to the contrary, unless expressly mentioned in the notice or publication of the taking over of the firm name, is of no effect as against third persons.
第二十九條　營業ト商號トヲ併セテ讓渡ス者更ニ其營業ヲ爲ササル責務ヲ負擔シタルトキハ其責務ノ履行ハ爾後十个年間其一地域內ニ限ル
29.　Where a person, on disposing of his business together with the firm name, engages not to carry on another business of the same kind, such engagement is binding, but only for that particular district, and for a period which may in no case exceed the ten years next thereafter.
第三十條　既ニ登記シタル他人ノ商號ヲ濫用シタル者又ハ第二十八條第二項及ヒ第二十九條ニ記載シタル責務ニ背ク者アルトキハ被害者ハ其加害所爲ノ停止及ヒ損害賠償ヲ要求スルコトヲ得
30.　Any person improperly using the registered firm name of another or acting contrary to the obligations in the second paragraph of Article 28 and in Article 29 mentioned, may be proceeded against by the party injured thereby in order to be restrained from any further violation, as well as for damages.
第四章　商業帳簿
CHAPTER IV. TRADE BOOKS.
第三十一條　各商人ハ其營業部類ノ慣例ニ從ヒ完全ナル商業帳簿ヲ備フル責アリ殊ニ帳簿ニ日日其取扱ヒタル取引、他人トノ間ニ成立チタル自己ノ權利義務、受取リ又ハ引渡シタル商品、支拂ヒ又ハ受取リタル金額ヲ整齊且明瞭ニ記入シ又月月其家事費用及ヒ商業費用ノ總額ヲ記入ス
31.　Every trader is bound to keep books, in the manner usual in the branch of trade in which he is engaged, and fully setting forth the conduct of his business ; he is in particular, day by day, systematically and clearly to record all transactions effected, obligations entered into by and towards him, merchandise received and delivered, and payments made and received. He is further to enter, month by month, the amount of his household expenses and of the general expenses incurred in his business.
小賣ノ取引ハ現金賣ト掛賣トヲ問ハス逐一之ヲ記入スルコトヲ要セス日日ノ賣上總額ノミヲ記入ス
Individual sales in retail business need not be entered, but only the total amounts of each day's cash and credit sales.
第三十二條　各商人ハ開業ノ時及ヒ爾後每年初ノ三个月內ニ又合資會社及ヒ株式會社ハ開業ノ時及ヒ每事業年度ノ終ニ於テ動產、不動產ノ總目錄及ヒ貸方借方ノ對照表ヲ作リ特ニ設ケタル帳簿ニ記入シテ署名スル責アリ
32.　Every trader is, on commencing business operation and also within the first three months of each subsequent year, and partnerships with limited liability and joint-stock companies are, on commencing business operation and also at the end of each business year, bound to make out a complete inventory of the property, both movable and immovable, as well as a balance sheet showing the assets and liabilities, and to enter and sign both in a book specially kept for such purpose.
財產目錄及ヒ貸借對照表ヲ作ルニハ總テノ商品、債權及ヒ其他總テノ財產ニ當時ノ相場又ハ市場價直ヲ附ス辨償ヲ得ルコトノ確ナラサル債權ニ付テハ其推知シ得ヘキ損失額ヲ扣除シテ之ヲ記載シ又到底損失ニ歸ス可キ債權ハ全ク之ヲ記載セス
In preparing the inventory and balance sheet, all merchandise, rights of claim, and other property are to be estimated at the then ruling quotation or market value. In the case of rights of claim the satisfaction of which is doubtful, a deduction corresponding to the probable loss is to be made, and rights of claim upon which nothing is recoverable are to be written off for their full amount.
第三十三條　每半个年又ハ每半个年內ニ利息又ハ配當金ヲ社員ニ分配スル會社ハ每半个年ニ前條記載ノ責ヲ盡ス可シ
33.　Partnerships and companies distributing interest or dividends to their members half-yearly, or at shorter intervals, are bound to fulfil every half year the duties imposed by the preceding Article.
第三十四條　各商人ハ十个年間商業帳簿ヲ貯藏シ火災又ハ其他ノ意外ノ事變ニ因リテ喪失又ハ毀損セサルコトニ注意スル責アリ
34.　Every trader is bound to preserve his trade books for a period of ten years, and to take care that they are secured from loss or damage by fire and other accidents.
第三十五條　商人ノ商業帳簿ハ其一身ノ所有物ニシテ破產又ハ會社淸算ノ場合ヲ除ク外官權ヲ以テ之ヲ交付セシムルコトヲ得ス
35.　The trade books of a trader are his exclusive property, and no trader, except in the event of bankruptcy or liquidation, can be compelled by any authority of its own motion to deliver them up.
第三十六條　然レトモ相續ニ關スル事件、共通ニ關スル事件、分割ニ關スル事件及ヒ業務取扱ニ關スル爭訟ニ付キ當事者ノ申立ニ因リ裁判所ノ命令アルトキハ總テノ商業帳簿ヲ差出ササルコトヲ得ス
36.　In matters, however, of succession, community of property, or partition, as well as in disputes with respect to the conduct of business, a trader is obliged, if so ordered by the Court on the application of a party interested, to produce all his trade books.
第三十七條　爭訟中原吿又ハ被吿ノ申立アルトキハ受訴裁判所ハ相手方ノ商業帳簿ノ開示ヲ命シ其所有者ノ面前ニ於テ右爭訟事件ニ關スル記入ノ檢閱又ハ時宜ニ因リテ其謄寫ヲ爲サシム若シ其帳簿カ他ノ地ニ在ルトキハ右裁判所ハ其地ニ就キ又ハ其地ノ裁判所ニ囑託シテ檢閱又ハ謄寫ヲ爲サシム
37.　In the course of an action the Process Court, on the application of either party, may order production of the adversary's trade books for the purpose of such entries, as relate to the matter in dispute, being inspected in the presence of the owner, and, if necessary, of having copies taken. If the books are in some place other than that where the action is pending, such inspection or copying is to be effected either by the Process Court itself at such place, or by the Court of such place upon request of the Process Court.
第三十八條　何人ニテモ商業帳簿又ハ其中ノ一ヲ開示ス可キ裁判所ノ命令ニ從ハサル者ハ之ヲ以テ證ス可キ爭訟事件ニ付キ自己ノ不利ト爲ル推定ヲ受ク但其開示セサリシハ自己ノ過失ニ非サルコトヲ證シ又ハ疏明シ得ルトキハ此限ニ在ラス
38.　Where any person fails to comply with an order of the Court directing the production of his trade books or of any one of them, the fact in dispute, which it is desired to prove by such books or book, is to be presumed against him, unless he can prove that the non-production was in no way due to any fault of his own, or can render a statement to that effect credible.
第三十九條　商業帳簿ノ記入ノ證據力ハ裁判所事情ヲ斟酌シテ之ヲ判決ス然レトモ其記入ノミヲ以テ記入者ノ利益ト爲ル可キ十分ノ證ト爲スコトヲ得ス但相手方ニ於テモ亦其記入ヲ援用シタルトキ又ハ相手方カ商人ニシテ自己ノ帳簿ニ於ケル反對ノ記入ヲ以テ之ニ對抗シ能ハサルトキ又ハ相手方ニ於テ其不正ナルコトヲ少シニテモ信認セシメ得サルトキハ此限ニ在ラス
39.　It is for the Court to decide, according to the particular circumstances of the case, the value as evidence of entries in trade books ; nevertheless such entries can, of themselves, never form conclusive proof in favour of the person who made them, excepting in the case of entries relied upon by his adversary as well, or entries which cannot be contradicted by conflicting entries in the trade books of the adversary, where the latter is a trader, or entries the incorrectness of which the adversary is unable to show to be at least probable.
相手方其記入ヲ援用シタル場合ニ於テ之ト連絡セル記入アルトキモ亦同シ
The first made exception is to be extended to such entries as stand in connection with the entries relied upon by the adversary as well.
第四十條　原吿被吿雙方ノ商業帳簿ノ記入相牴觸シテ解明シ能ハサルトキニ於テモ亦裁判所ハ事情ヲ斟酌シテ其證據物ヲ全ク擲棄スルト否ト又ハ一方ノ帳簿ニ一層ノ信用ヲ置クト否トヲ判決ス
40.　It is for the Court, in the case of entries in the respective trade books of the contending parties contradicting each other to such an extent that it is impossible to explain them, to decide, according to the circumstances of the case whether such evidence is to be entirely rejected, or whether greater credence is to be attached to the books of one of the parties.
第四十一條　商業帳簿カ十分ノ證ト爲ラサル總テノ場合ニ於テハ裁判所カ事情ヲ斟酌シテ定ム可キ他ノ證據ヲ以テ之ヲ補充スルコトヲ得
41.　In all cases where trade books furnish only incomplete proof, it may be supplemented by other evidence ; as to this the Court decides according to the circumstances of each particular case.
第五章　代務人及ヒ商業使用人
CHAPTER V. TRADE PROCURATORS AND ASSISTANTS.
第四十二條　何人ニテモ商業ヲ營ム者ハ本店又ハ支店ニ明示ノ委任ヲ以テ一人又ハ數人ノ代務人ヲ置クコトヲ得但其委任ハ別ニ定式ヲ要セス
42.　Any person carrying on a commercial business may appoint one or more procurators for such business, or for any branch establishment thereof, by means of an express instruction for which, however, no particular form is required.
代務ノ委任及ヒ其解任ハ商業登記簿ニ其登記ヲ受ク可シ
Every grant and every revocation of a procuration is to be entered in the Commercial Register.
第四十三條　代務ハ何時ニテモ之ヲ解任シ又ハ代務人ヨリ之ヲ辭スルコトヲ得又其委任時期ノ滿了ニ因リ又ハ代務人ト取結ヒタル雇傭契約ノ絕止ニ因リ又ハ其委任ヲ爲シタル營業ノ讓渡若クハ廢止ニ因リテ自ラ消滅ス然レトモ商業主人ノ死亡ニ因リテハ消滅セス
43.　A procuration may at any time be revoked or the procurator may at any time renounce it. It also terminates of itself by expiration of time, by the contract of hiring out of services concluded with the procurator coming to an end, or by the disposal or dissolution of the business in respect of which the procuration was conferred, but a procuration is not terminated by the death of the principal.
代務人其委任ノ終リタル後ニ爲シタル取引ハ代務人其終リタルコトヲ知ラサルトキニ限リ有効タリ
Transactions undertaken by a procurator after his instruction has terminated are valid, if he was ignorant of such termination.
第四十四條　數人共同ニ委任ヲ受ケタル代務ハ總員共同ニ非サレハ之ヲ行フコトヲ得ス此代務ハ其一人ニ付テ消滅シタルトキハ他ノ各人ニ付テモ亦消滅ス
44.　A procuration granted to several persons collectively can only be exercised by all the grantees jointly. Such a procuration terminates for all, even where it comes to an end in the person of one of them only.
第四十五條　代務ノ委任ニハ商業主人ノ商號ヲ用井且之ニ代リ裁判上ト裁判外トヲ問ハス其商業ニ關スル總テノ商取引及ヒ權利行爲ヲ爲シ得ル權力ノ授與ヲ包含ス
45.　The grant of a procuration carries with it the authority to use the firm name of the principal and to undertake on his behalf judicially and extra-judicially all commercial transactions and legal acts connected with his business.
代務權ニ制限ヲ立ツルモ其制限ハ第三者ニ對シテ無効タリ但第三者其制限アルコトヲ知リタルトキハ此限ニ在ラス
A limitation of the powers of a procurator is of effect against such third persons only as had knowledge of the limitation.
第四十六條　代務ハ無期ニテモ又或ル時期ニ達シ若クハ或ル事件ノ生スルヲ限トシテモ又有期ニテモ之ヲ委任スルコトヲ得但解任及ヒ辭任ノ權利ハ此カ爲メニ妨ケラルルコト無シ
46.　A procuration may be granted for an indefinite period, until a certain date or the happening of a certain event, or for a fixed period. The rights of revocation and renunciation are not affected hereby.
第四十七條　代務人ハ代務權ノ全部若クハ一分ヲ他人ニ轉付スルコトヲ得ス但商業使用人ヲ置ク權アリ
47.　A procurator cannot transfer the procuration granted him, either wholly or in part, to another ; he is, nevertheless, entitled to engage trade assistants.
第四十八條　商業主人ハ代務人カ其主人ノ營業上ニ於テ爲シタル取引及ヒ行爲ニ因リテ特リ直接ニ權利ヲ得義務ヲ負フ但主人ノ之ヲ承諾シタルト否ト又ハ主人ノ名ヲ以テ爲シタルト否トヲ問フコト無シ又代務人カ其主人ノ營業上ニ於テ爲シタル不法ノ行爲又ハ代務人カ自己ノ名ヲ以テ取結ヒタル取引ト雖モ其時ノ情況及ヒ相手方ノ意思ニ因リ主人ノ計算ヲ以テ爲シタリトス可キモノニ付テハ亦同シ
48.　A principal directly and exclusively acquires the rights and incurs the obligations arising from all transactions and acts undertaken or done by a procurator in the principal's business, whether he sanctioned the same or whether his name was disclosed therein or not. The same applies to illegal acts done by a procurator in the business of his principal, and to transactions which, although concluded in the name of the procurator, are from the circumstances and the intention of the other party to the transaction to be taken as concluded on account of the principal.
第四十九條　何人ニテモ代務委任ヲ僞稱シ又ハ代務委任ヲ踰越シテ取引ヲ取結ヒタル者ハ相手方ニ對シテ其擇ニ從ヒ取引履行又ハ損害賠償ノ責任ヲ自己ニ負フ其代務委任踰越ノ場合ニ於テ第四十五條第二項ニ從ヒテ商業主人其義務ヲ負フ可キトキハ主人モ亦之カ責ニ任セサルコトヲ得ス然レトモ此場合ニ於テハ主人又ハ代務人ノ中一方ノミニ對シテ其取引ノ効用ヲ致サシムルコトヲ得
49.　Any person, who in concluding a transaction either falsely represents himself to be duly instructed as procurator, or exceeds his instructions under the procuration, is personally liable, at the option of the other party to the transaction, for performance or damages ; in the case, however, in which the procurator exceeds his instructions, the liability of the principal, in so far as it exists in conformity with the second paragraph of Article 45, is not to be excluded ; but in such case the transaction can only be enforced against either the principal or the procurator.
相手方ニ於テ代務委任ノ欠缺ヲ知テ爲シタル取引ハ雙方ニ在テ無効タリ
Where the other party had knowledge of the absence of instructions under the procuration, the transaction, as between the parties thereto, is of no effect.
第五十條　代務人ハ自己ノ計算ニテモ又第三者ノ計算ニテモ商ヲ爲スコトヲ得ス若シ此成規ニ背キタルトキハ第六十三條ニ定メタル結果ノ外商業主人ノ求ニ從ヒ其商取引ヲ主人ノ計算ニ移シ且損害アラハ之ヲ賠償スルコトヲ要ス
50.　A procurator may not trade either on his own account or on that of third persons ; if he violates this provision, he must, on demand of the principal, and apart from the further consequences laid down in Article 63, allow the commercial transaction so concluded to count as concluded on account of the principal, and must make good any damage sustained.
第五十一條　何人ニテモ商業上商業主人ノ業務ヲ辨センカ爲メニ商業使用人トシテ置カレタル者ハ特別ノ委任ヲ受ケスト雖モ通常其擔當職分ノ範圍內ニ屬ス可キ總テノ取引及ヒ行爲ヲ主人ノ爲メニ十分ノ効力ヲ以テ爲スコトヲ得使用人カ營業ノ全部若クハ一分ノ爲メニ置カレタルト否ト又ハ或種ノ取引若クハ一箇ノ取引ノ爲メニ置カレタルト否トヲ問ハス其取引及ヒ行爲ニ因リテ主人獨リ權利ヲ得義務ヲ負フ
51.　Any person engaged as trade assistant in a commercial business for the rendering of services to the principal may, without requiring a special instruction for the purpose, and with full effect for his principal, undertake all such transactions and do such acts as ordinarily come within the sphere of the duties entrusted to him. His principal alone acquires all the rights and incurs all the obligations consequent on such transactions and acts, whether the assistant is engaged for the whole of the business or for a department thereof, or only for certain kinds of transactions or for single transactions.
使用人カ主人ノ爲メニ訴訟ヲ爲シ又ハ裁判所ニ出テ或ル行爲ヲ爲スハ特別ノ委任ヲ受ケタルトキニ限ル
A trade assistant is not competent to carry on legal proceedings, or to do any individual act before a Court , unless he has been specially instructed for such purpose.
使用人署名スルトキハ主人ノ代理タル旨ヲ書添フルコトヲ要ス
A trade assistant must in signing, in addition to writing his name, indicate his representative capacity.
第五十二條　商業使用人カ商業主人ノ爲メニ店舖、倉庫及ヒ其他ノ營業場ニ於テ或ル業務ヲ辨スルトキ又ハ他所ニ送遣セラルルトキ又ハ帳場ニ於テ第三者ト取引ヲ爲スニ際シ主人ヨリ制止セラレス若クハ第三者ノ問ヲ受ケテ己レ之ヲ爲ス權アリト答ヘタルトキハ殊ニ其職分ノ範圍ニ付キ置カレタルモノト看做サル
52.　A trade assistant is, in particular, to be deemed engaged for a particular sphere of duties, where he is employed by his principal in carrying on particular transactions in a public shop, warehouse, or other place of business, or where he is employed away from the place of business, or where he enters into transactions with third persons in the office of the business without any objection being raised by his principal, or in answer to enquiries declares himself to be empowered to enter into the same.
第五十三條　商業使用人ヲ商業主人ノ代人トシテ之ト取引ヲ爲シタル第三者カ善意ナルニ於テハ使用人其受ケタル委任ニ依ラサルモ又指定セラレタル方法ニ依ラサルモ其取引ハ第三者ニ對シテ有効タリ
53.　Where third persons with whom trade assistants enter into transactions as representatives of their principal, act in good faith, such transactions are valid with regard to such third persons, even though the trade assistants failed to observe the limits of the instructions conferred or the manner of conducting business enjoined on them.
第五十四條　商業主人カ商業使用人ヲシテ商慣習ニ定マレル職分ノ範圍ヲ擴メテ其代理ヲ爲サシメントスルトキハ此カ爲メ特別ノ委任ヲ爲シ且相當ノ方法ヲ以テ之ヲ第三者ニ吿知スルコトヲ要ス殊ニ商業通信書又ハ手形及ヒ其他ノ債務證書ニ於ケル使用人ノ署名カ主人ヲ覊束ス可キトキハ右ノ規定ヲ遵守スルコトヲ要ス
54.　Where it is desired to entrust trade assistants with a more extensive capacity of representing their principal than that flowing, in accordance with the usages of trade, from the engagement for a particular sphere of duties, such intention must be effected by conferring on them a special instruction, which must be duly notified to third persons. This provision must, in particular, be observed in cases where it is intended that *the signature of the assistant shall bind the principal in correspondence, or on bills of exchange, promissory notes, and other documents evidencing indebtedness.
第五十五條　營業場ニ於テ第三者カ善意ヲ以テ商業使用人ニ對シテ金錢ノ受渡ヲ爲シタルトキハ何レノ場合ヲ問ハス商業主人之ヲ承認スル義務アリ商品、證券及ヒ其他ノ有價物ニ付テモ亦同シ
55.　Payments made or received in good faith by third persons to or from trade assistants at the place of business, must in all cases be recognized by the principal as received or made on his behalf. The same applies to merchandise, documents, and any other thing of value, accepted or delivered under like conditions.
受取ノ證アル勘定書及ヒ其他ノ受取證書ヲ持參スル者ハ拂金及ヒ其他書中記載ノ物ヲ受取ル權アルモノト看做サル但情況ニ因リテ右ニ異ナレル推定ヲ爲ス可キトキハ此限ニ在ラス
Any person bringing a receipted account, or any other acknowledgment of receipt, is to be deemed to be empowered to receive payment or the object named, unless the circumstances of the case admit of some other presumption.
第五十六條　商業使用人ハ其職分上ノ權ヲ他人ニ轉付スルコトヲ得ス又商業主人ノ承諾ヲ得ルニ非サレハ他人ヲ代理トシテ其權ノ全部若クハ一分ヲ行ハシムルコトヲ得ス但商慣習ニ於テ代理ヲ許スモノハ此限ニ在ラス
56.　No trade assistant can transfer his powers ; nor can he cause himself to be either entirely or partially represented in the exercise thereof by another without the consent of his principal, excepting where the usages of trade permit of his doing so.
第五十七條　第四十五條第二項、第四十八條、第四十九條及ヒ第五十條ノ規定ハ商業使用人ニモ亦之ヲ適用ス
57.　The provisions contained in the second paragraph of Article 45 and in Articles 48, 49, and 50 are also to be applied to trade assistants. *
第五十八條　商業主人ト商業使用人トノ間ノ權利關係ニシテ其雇傭ニ關スルモノハ本法ニ規定シタルモノヲ除ク外雇傭契約ノ原則ニ從ヒ之ヲ定ム
58.　The legal relations between a principal and trade assistant are, in so far as they are relations of service, and saving the provisions in this Code contained, to be determined by the principles governing contracts of hiring out of services.
第五十九條　期限ヲ定メスシテ取結ヒタル雇傭契約ハ雙方何時ニテモ之ヲ解ク豫吿ヲ爲スコトヲ得但其豫吿ハ一个月前ニ之ヲ爲スコトヲ要ス
59.　A contract of hiring out of services, where entered into for an indefinite time, may at any time be dissolved by a month's notice on either side.
商業主人若クハ商業使用人ノ終身ヲ期シ又ハ之ト同視ス可キ長キ期限ヲ定メテ取結ヒタル雇傭契約ハ期限ヲ定メサルモノト看做ス
Where such contract has been entered into for the life of one of the parties, or for such length of time as may be deemed equivalent thereto, it is to be deemed to have been entered into for an indefinite time.
第六十條　期限ヲ定メテ取結ヒタル雇傭契約ハ雙方ノ承諾アルニ非サレハ其期間滿了ノ前ニ之ヲ解クコトヲ得ス但法律ニ依リ其期限前ニ辭任又ハ解任ヲ爲シ得ヘキ場合ハ此限ニ在ラス
60.　A contract of hiring out of services entered into for a certain time cannot be dissolved before the expiration of such time unless by mutual consent, except in cases where retirement or dismissal at some earlier period is by law permitted.
雇傭期限中ハ商業主人ニ於テ商業使用人ヲ全ク使役セス又ハ僅カニ使役スト雖モ使用人ハ契約上ノ給料又ハ各地慣習ノ給料ヲ受クル權利アリ
During the continuance of his term of service an assistant is entitled to the receipt in full of the stipulated, or locally customary remuneration, even though his principal should fail to employ him at all, or should employ him only but little.
第六十一條　商業使用人カ雇傭期限中疾病ニ罹リ又ハ其他ノ事故ニ因リテ二个月以上業務ニ就クニ耐ヘサルトキハ之ヲ解任スルコトヲ得
61.　Where, during the stipulated term of service, an assistant has for two months or more by illness or otherwise been incapacitated from performing the duties incumbent on him, he may be dismissed.
第六十二條　商業使用人カ就業中疾病ニ罹リ又ハ傷痍ヲ被ムルモ商業主人ノ過失ニ因ラサルトキハ主人ヨリ治療費ヲ給シ又ハ償金ヲ與フル義務ナシ
62.　A principal is not bound to compensate an assistant for illness contracted or injuries incurred in his employment, nor is he liable for the medical expenses consequent thereon, unless such illness or injury was brought about by the fault of the principal himself.
第六十三條　商業使用人ヲ何時ニテモ解任シ得ヘキ場合左ノ如シ
63.　A trade assistant may be dismissed at any time :--
第一　不實ノ行爲ヲ爲シ又ハ己レニ受ケタル信任ニ背キタルトキ
i.　If he commits an act of unfaithfulness, or abuses the confidence reposed m him ;
第二　自己ノ計算又ハ第三者ノ計算ニテ取引ヲ爲シタルトキ但些少ノ取引ハ此限ニ在ラス
ii.　If he transacts business on his own account or on that of a third person, unless such business is of an insignificant character ;
第三　正當ノ理由ナクシテ其命セラレタル仕事ヲ爲スコト及ヒ總テ己レノ負擔シタル義務ヲ履行スルコトヲ拒ミ又ハ之ヲ怠リタルトキ
iii.　If, without lawful cause, he refuses or fails to carry out the work with which he is charged, and, generally, to perform the duties incumbent on him ;
第四　不當ノ擧動又ハ不品行ノ爲メニ指斥ヲ受ケタルトキ
iv.　If he gives offence by unseemly conduct or a disorderly course of life.
第六十四條　商業主人カ商業使用人ニ相當ノ給料ヲ與ヘス又ハ之ニ違法若クハ不善ノ業務ヲ命シ又ハ其身體ノ安全、健康若クハ名譽ヲ害シ若クハ害セントスル取扱ヲ爲ストキハ使用人ハ何時ニテモ辭任スルコトヲ得
64.　A trade assistant may at any time retire from his employment if he fails to receive proper remuneration, if unlawful or immoral services are expected of him, or if he is treated in a manner injurious or dangerous to his safety, health, or honour.
若シ使用人獨立シテ營業ヲ始メントスルトキハ期限前ト雖モ第五十九條ニ揭ケタル豫吿期間ニ從フニ於テハ亦辭任スルコトヲ得
A trade tassistant may at any time before the expiration of the term stipulated retire from his employment, but subject to the due observance of the period for notice in Article 59 specified, if he intends to establish himself independently.
第六十五條　雇傭契約ハ商業主人ノ死亡ニ因リテ終ラス然レトモ商業使用人ノ雇入レラレタル其營業ノ廢止ニ因リテ終ル但其營業ヲ他人ニ移サントスルトキハ第五十九條ニ從ヒ雙方豫吿ノ權利ヲ有ス
65.　A contract of hiring out of services does not terminate on the death of the principal, but it terminates on the business for which the trade assistant was engaged ceasing to exist. Where such business is to be transferred to other persons, both parties are entitled to give such notice as is in Article 59 provided.
第六章　商事會社及ヒ共算商業組合
CHAPTER VI. COMMERCIAL PARTNERSHIPS AND COMPANIES AND JOINT TRADE ASSOCIATIONS.
商事會社總則
GENERAL PROVISIONS FOR COMMERCIAL PARTNERSHIPS AND COMPANIES.
第六十六條　商事會社ハ共同シテ商業ヲ營ム爲メニノミ之ヲ設立スルコトヲ得
66.　Commercial partnerships and companies can only be formed for the purpose of carrying on jointly a commercial business.
第六十七條　法律ニ背キ又ハ禁止セラレタル事業ヲ目的トスル會社ハ初ヨリ無効タリ
67.　Partnerships and companies formed with the object of carrying on an illegal or prohibited business are void ab initio.
若シ會社ノ營業カ公安又ハ風俗ヲ害ス可キトキハ裁判所ハ檢事若クハ警察官ノ申立ニ因リ又ハ職權ニ依リ其命令ヲ以テ之ヲ解散セシムルコトヲ得但其命令ニ對シ卽時抗吿ヲ爲スコトヲ得
Partnerships and companies carrying on business contrary to public policy or good morals may be dissolved by order of the Court on the application of the Public Procurator or of the police authorities, or by the Court of its own motion. Immediate complaint may be raised against such order.
第六十八條　法律、命令ニ依リ官廳ノ許可ヲ受ク可キ營業ヲ爲サントスル會社ハ其許可ヲ得ルニ非サレハ之ヲ設立スルコトヲ得ス
68.　Partnerships and companies for the carrying on of whose business the consent of some public authority is by law or ordinance required cannot be formed unless such consent is obtained.
株式會社ニ關シテハ第三節ノ規定ヲ遵守スルコトヲ要ス
With regard to joint-stock companies the provisions of Section III must be observed.
第六十九條　會社ノ設立ハ適當ナル登記及ヒ公吿ヲ受クルニ非サレハ第三者ニ對シテ會社タル効ナシ
69.　The formation of a partnership or company is, with regard to third persons, of no effect as such, until it has been duly registered and published.
第七十條　會社ハ商號ヲ設ケ社印ヲ製シ定マリタル營業所ヲ設クルコトヲ要ス
70.　Every partnership and company must have a firm name and a seal of its own, and must have a definite seat of business.
第七十一條　社印ニハ商號ヲ刻シ其印鑑ヲ商業登記簿ニ添ヘテ保存スル爲メ之ヲ第十八條ニ揭ケタル裁判所ニ差出スコトヲ要ス社印ヲ變更シ又ハ改刻スルトキモ亦此手續ヲ爲ス
71.　The firm name must be engraven on the seal, and a copy of the seal must be deposited with the Commercial Register at the Court in Article 18 mentioned. The same formality is to be observed on any subsequent alteration of the seal taking place, or upon a new seal being adopted.
第七十二條　商號及ヒ社印ハ官廳ニ宛テタル文書又ハ報吿書、株券、手形及ヒ會社ニ於テ權利ヲ得義務ヲ負フ可キ一切ノ書類ニ之ヲ用ユ
72.　The firm name and seal are placed upon all communications addressed to public authorities, upon reports, certificates of shares, bills of exchange and promissory notes, and, generally, upon all documents by means of which the partnership or company acquires any rights or enters into any obligations.
第七十三條　會社ハ特立ノ財產ヲ所有シ又獨立シテ權利ヲ得義務ヲ負フ殊ニ其名ヲ以テ債權ヲ得債務ヲ負ヒ動產、不動產ヲ取得シ又訴訟ニ付キ原吿又ハ被吿ト爲ルコトヲ得
73.　Every partnership and company has its own separate property and independent rights and duties. It can, in particular, in its own name acquire rights of claim and incur liabilities, acquire property movable and immovable, and sue and be sued in Court.
第一節　合名會社
SECTION I. ORDINARY PARTNERSHIP (GOMEI-KWAISHA).
第一款　會社ノ設立
SUBSECTION 1. FORMATION OF THE PARTNERSHIP.
第七十四條　二人以上七人以下共通ノ計算ヲ以テ商業ヲ營ム爲メ金錢又ハ有價物又ハ勞力ヲ出資ト爲シテ共有資本ヲ組成シ責任其出資ニ止マラサルモノヲ合名會社ト爲ス
74.　Where two or more persons not exceeding seven combine money, or things of value, or their personal services, for the purpose of therewith undertaking a commercial business on joint account without their liability being limited to their contributions, they thereby constitute an ordinary partnership.
第七十五條　商號ニハ總社員又ハ其一人若クハ數人ノ氏ヲ用井之ニ會社ナル文字ヲ附ス可シ
75.　The firm name of the partnership is to contain the family names of all the partners, or of one or more of them, with the addition of the word “ Kwaisha.”
會社若シ現存セル他人ノ營業ヲ引受クルトキハ其舊商號ヲ續用スルコトヲ得ス
Where a partnership takes over a business that is already established, it cannot continue to bear the existing firm name.
第七十六條　社員ノ退社シタル後ト雖モ從前ノ商號ヲ續用スルコトヲ得但退社員ノ氏ヲ商號中ニ續用セントスルトキハ本人ノ承諾ヲ受クルコトヲ要ス
76.　After the retirement of individual partners the use of the firm name borne prior thereto may be continued, but only with the consent of the partner retiring, if his name is retained in the firm name.
第七十七條　會社ハ書面契約ニ因リテノミ之ヲ設立スルコトヲ得其契約書ハ總社員之ニ連署シ各自一通ヲ所持ス
77.　A partnership can only be formed by a contract in writing ; a copy of such contract signed by all the parties thereto is to be delivered to each partner.
右ノ規定ハ會社契約ノ變更ニ於テモ亦之ヲ遵守ス
These provisions are also to be observed on any subsequent alteration of the partnership contract taking place.
第七十八條　會社ハ設立後十四日內ニ本店及ヒ支店ノ地ニ於テ其登記ヲ受ク可シ
78.　The formation of every partnership is to be registered within the fourteen days next following at the place where the head office is situated, and also in every place where a branch is established.
第七十九條　登記及ヒ公吿ス可キ事項左ノ如シ
79.　The entry in the register and the publication are to contain :--
第一　合名會社ナルコト
i.　A declaration that the partnership is to be an ordinary partnership ;
第二　會社ノ目的
ii.　The object of the partniship ;
第三　會社ノ商號及ヒ營業所
iii.　The firm name of the partnership and the place of its seat of business ;
第四　各社員ノ氏名、住所
iv.　The names and place of residence of each partner ;
第五　設立ノ年月日
v.　The date of formation ;
第六　存立時期ヲ定メタルトキハ其時期
vi.　Where a term for the existence of the partnership has been fixed, the duration thereof ;
第七　業務擔當社員ヲ特ニ定メタルトキハ其氏名
vii.　The names of the managing partners, if any.
第八十條　前條ニ揭ケタル一箇又ハ數箇ノ事項ニ變更ヲ生シ又ハ合意ヲ以テ變更ヲ爲シタルトキハ七日內ニ其登記ヲ受ク可シ
80.　Whenever any subsequent alteration takes place or is agreed upon in one or more of the particulars in the preceding Article specified, such alteration is to be registered within seven days.
第八十一條　會社ハ登記前ニ開業スルコトヲ得ス之ニ違フトキハ裁判所ノ命令ヲ似テ其營業ヲ差止ム但其命令ニ對シテ卽時抗吿ヲ爲スコトヲ得
81.　No partnership may commence business operations until registration has taken place. Where a partnership fails to comply herewith, its operations are to be stayed by order of the Court. Immediate complaint may be raised against such order.
第八十二條　會社其登記ノ日ヨリ六个月內ニ開業セサルトキハ其登記及ヒ公吿ハ無効タリ
82.　Where operations are not commenced within six months from the date of registration, the registration and publication become inoperative.
第二款　會社契約ノ變更
SUBSECTION 2. ALTERATION OF THE PARTNERSHIP CONTRACT.
第八十三條　會社契約ハ總社員ノ承諾アルニ非サレハ之ヲ變更スルコトヲ得ス其承諾ナキトキハ契約ノ從前ノ規定ニ從フ
83.　A partnership contract cannot be altered without the consent of all the partners: where such consent is not obtained, the existing provisions of the contract remain in force.
第八十四條　會社契約ノ規定ニシテ會社ノ施行セサリシモノハ社員又ハ第三者ニ對シテ其効用ヲ致サシムルコトヲ得ス
84.　Where any provision of the partnership contract has not been carried out by the partnership, such provision cannot be relied on either against the partners or against third persons.
第三款　社員間ノ權利義務
SUBSECTION 3. RIGHTS AND DUTIES OF PARTNERS AMONG THEMSELVES.
第八十五條　社員間ノ權利義務ハ本法及ヒ會社契約ニ因リテ定マルモノトス
85.　The rights and duties of partners among themselves are determined by this Code and the partnership contract.
第八十六條　會社ノ目的ニ反セサルモ之ニ異ナル業務及ヒ事項ニ付テハ業務擔當ノ任アル總社員ノ承諾ヲ要ス
86.　For transactions and matters foreign to the object of the partnership, though not actually opposed thereto, the consent of all the partners entitled to management is required.
第八十七條　會社契約ノ規定ノ施行ニ關スル事項ハ業務擔當ノ任アル社員ノ多數ヲ以テ之ヲ決ス
87.　All matters relating to the execution of the provisions of the partnership contract are to be decided by a majority of the partners entitled to management.
第八十八條　會社ノ業務ヲ行ヒ及ヒ其利益ヲ保衞スルニ付テハ各社員同等ノ權利ヲ有シ義務ヲ負フ但會社契約ニ別段ノ定アルトキハ此限ニ在ラス
88.　In the conduct of the affairs and the protection of the interests of a partnership, all partners have equal rights and duties, unless it is otherwise provided by the partnership contract.
第八十九條　社員ノ議決權ハ其出資ノ額ニ應シテ等差ヲ立ツルコトヲ得ス
89.　The voting power of a partner is not to be measured by the relative amount of his contribution.
第九十條　業務擔當ノ任ナキ社員ハ何時ニテモ業務ノ實況ヲ監視シ會社ノ帳簿及ヒ書類ヲ檢査シ且此事ニ關シ意見ヲ述フルコトヲ得
90.　Partners not entitled to management may at all times look into the course of business, examine the books and papers of the partnership, and state their views with regard thereto.
第九十一條　業務擔當ノ任アル各社員ハ代務ノ委任又ハ解任ヲ爲ス權利アリ
91.　Each partner entitled to management has the right to grant and revoke trade procurations.
第九十二條　各社員ハ會社ニ對シ正整ナル商人ノ自己ノ事務ニ於テ爲スト同シキ勉勵注意ヲ爲ス責務アリ其責務ニ背キ會社ニ損害ヲ生セシメタルトキハ之ヲ賠償スルコトヲ要ス
92.　Every partner owes the partnership the same application and diligence as a regular man of business would give to his own affairs, and must make good to the partnership any damage he may by the violation of these duties have occasioned it.
第九十三條　社員ノ差入レタル金錢又ハ有價物ノ出資ハ契約ニ定メタル評價額ヲ附シテ會社ノ財產目錄ニ記入シ會社ノ所有ニ歸ス
93.　All contributions made by partners of money, or of things of value, are to be entered in the inventory of the partnership at the valuation fixed by agreement, and become partnership property.
第九十四條　社員其負擔シタル出資ヲ差入ルルコト能ハサルトキハ除名セラレタルモノト看做ス但總社員ノ承諾ヲ得テ他ノ出資ヲ差入ルルトキハ此限ニ在ラス
94.　Where it has become impossible for a partner to furnish the contribution due from him, he is to be deemed expelled from the partnership, unless he furnishes, with the consent of all the partners, some other contribution in lien thereof.
第九十五條　社員其負擔シタル出資ヲ差入レサルトキハ會社ハ之ヲ除名スルト年百分ノ七ノ利息ヲ拂ハシムルトヲ擇ミ尙ホ其孰レノ場合ニ於テモ損害賠償ヲ求ムルコトヲ得
95.　Where a partner fails to furnish the contribution due from him, the partnership may, at its option, either expel him therefrom, or require him to pay interest at the rate of seven per cent per annum, and may in either case claim damages from him.
第九十六條　社員ハ契約上ノ額外ニ出資ヲ增シ又ハ損失ニ因リテ減シタル出資ヲ補充スル義務ナシ
96.　No partner is bound to increase his contribution beyond the amount agreed on, or to make good any deficiency it may by loss have sustained.
第九十七條　社員ハ總社員ノ承諾ヲ得ルニ非サレハ其出資又ハ會社財產中ノ持分ヲ減スルコトヲ得ス
97.　No partner is permitted, without the consent of all the partners, to reduce his contribution or his share in the partnership property.
第九十八條　社員ハ總社員ノ承諾ヲ得ルニ非サレハ第三者ヲ入社セシメ又ハ第三者ヲシテ己レノ地位ニ代ハラシムルコトヲ得ス
98.　No partner can, without the consent of all the partners, introduce a third person into the partnership, or substitute any such person in his own place.
社員ノ相續人又ハ承繼人ハ契約ニ於テ反對ヲ明示セサルトキハ其社員ノ地位ニ代ハルコトヲ得但總社員ノ承諾ヲ得ルニ非サレハ業務ヲ擔當スル權利ナシ
The heir or other successor of a partner can succeed to his place, unless it is expressly provided to the contrary in the contract ; but he is only entitled to management with the consent of all the partners.
第九十九條　社員ヨリ他人ニ爲シタル持分ノ讓渡ハ會社及ヒ第三者ニ對シテ其効ナシ
99.　The disposal of a share in a partnership to another person is inoperative with regard to both the partnership and third persons.
第百條　社員其持分ニ他人ヲ加入セシムルトキハ其關係ハ共算商業組合ノ規定ニ依リテ之ヲ定ム
100.　Where a partner admits another person to participate in his share in the partnership, the relations thereby created are to be determined by the provisions relating to joint trade associations.
第百一條　社員カ會社ニ消費貸ヲ爲シ又ハ會社ノ爲メニ立替金ヲ爲シタルトキハ年百分ノ七ノ利息ヲ求ムルコトヲ得又社員カ業務施行ノ爲メ直接ニ受ケタル損失ニ付テハ其補償ヲ求ムルコトヲ得
101.　A partner is entitled to interest at the rate of seven per cent per annum on all loans made by him to the partnership, and on all disbursements made by him on its behalf ; he can claim to be indemnified for losses directly sustained by him in conducting its affairs.
第百二條　會社契約ニ於テ明示ノ合意ナキトキハ社員ハ業務施行ノ勤勞ニ付キ其報酬ヲ求ムルコトヲ得ス然レトモ勞力ヲ出資ト爲シタル社員其負擔シタル出資外ニ爲シタル勞力ニ付テハ相當ノ報酬ヲ求ムルコトヲ得
102.　No partner is entitled to remuneration for services rendered by him in the conduct of the affairs of the partnership, unless it is expressly so agreed in the partnership contract ; but a partner whose contribution consists of his personal services can claim suitable remuneration for services rendered to the partnership over and above what is properly due from him.
第百三條　社員カ會社ノ爲メニ受取リタル金錢ヲ相當ノ時日內ニ會社ニ引渡サス又ハ會社ノ金錢ヲ自己ノ用ニ供シタルトキハ會社ニ對シテ年百分ノ七ノ利息ヲ拂ヒ且如何ナル損害ヲモ賠償スル義務アリ
103.　Where a partner fails to hand over to the partnership within a proper time monies received by him on its behalf, or applies its monies to his own use, he is bound to pay interest thereon to the partnership at the rate of seven per cent per annum and to pay damages, if any.
第百四條　社員ハ總社員ノ承諾ヲ得ルニ非サレハ自己ノ計算ニテモ又第三者ノ計算ニテモ會社ノ商部類ニ屬スル取引ヲ爲シ又ハ之ニ與カルコトヲ得ス之ニ背キタルトキハ會社ハ其擇ニ從ヒ其社員ヲ除名シ又ハ其取引ヲ會社ニ引受ケ尙ホ其孰レノ場合ニ於テモ損害賠償ヲ求ムルコトヲ得
104.　No partner can without the consent of all the partners, either on his own account or on that of third person, carry on or take part in any transactions falling within the description of trade pursued by the partnership. If he does so, the partnership can, at its option, either expel him therefrom, or take over the transactions on its own account ; and it is entitled, in either case, to claim to be indemnified for any damage it may have sustained.
第百五條　各社員ノ會社ノ損益ヲ共分スル割合ハ契約ニ於テ他ノ準率ヲ定メサルトキハ其出資ノ價額ニ準ス
105.　The share of each partner in the profits and losses of a partnership is proportionate to the money value of his contribution, unless some other scale of apportionment is agreed upon in the contract.
出資ト爲シタル勞力ノ價額ヲ契約ニ於テ定メサルトキハ各般ノ事情ヲ斟酌シテ之ヲ定ム
In the event of the money value of a contribution consisting of personal services not having been determined in the contract, it is to be fixed with regard to all the circumstances of the case.
第百六條　社員カ業務擔當ノ任ナクシテ業務擔當ノ所爲ヲ爲シ又ハ會社ニ對シテ詐欺ヲ行ヒ又ハ其他會社ニ對シテ主要ノ責務ヲ甚シク缺キタルトキハ會社ハ之ヲ除名シ且損害賠償ヲ求ムルコトヲ得
106.　Where a partner, notwithstanding that he is not entitled to management, performs any act of management, or commits any deceit against the partnership, or otherwise acts in flagrant violation of his essential duties towards it, the partnership can expel him therefrom and can claim damages from him.
第百七條　社員カ會社契約ニ依リ又ハ本法ノ規定ニ依リテ會社ノ爲メニ爲シタル總テノ行爲及ヒ取引ハ各社員互ニ之ヲ承認スル義務アリ
107.　The partners are bound among themselves to recognize all acts and transactions done on behalf of the partnership by any individual partner by virtue of the partnership contract or the provisions of this Code.
第四款　第三者ニ對スル社員ノ權利義務
SUBSECTION 4. RIGHTS AND DUTIES OF PARTNERS WITH REGARD TO THIRD PERSONS.
第百八條　會社ハ業務擔當ノ任アル社員ノ明示シテ會社ノ爲メニ爲シ又ハ事實會社ノ爲メニ爲シタル總テノ行爲ニ因リテ直接ニ權利ヲ得義務ヲ負フ
108.　A partnership directly acquires the rights and incurs the obligations arising from any act done expressly or impliedly on its behalf by a partner entitled to management.
第百九條　會社ノ權利ハ業務擔當ノ任アル社員裁判上ト裁判外トヲ問ハス之ヲ主張シ又ハ有効ニ之ヲ處分スルコトヲ得
109.　Every partner entitled to management can enforce judicially as well as extra-judicially the rights of the partnership, and can validly deal therewith.
第百十條　第三者ニ對スル會社ノ義務ハ第三者ヨリ業務擔當ノ任アル各社員ニ對シテ其履行ヲ求ムルコトヲ得
110.　The engagements of the partnership with respect to third persons may be enforced by them against any partner entitled to management.
第百十一條　業務擔當ノ任アル社員ノ代理權ニ加ヘタル制限ハ第三者ニ對シテ其効ナシ
111.　Any limitation of the representative powers of the partners entitled to management is inoperative as regards third persons.
第百十二條　會社ノ義務ニ付テハ先ツ會社財產之ヲ負擔シ次ニ各社員其全財產ヲ以テ不分ニテ之ヲ負擔ス
112.　The partnership property is in the first place liable for the obligations of the partnership, and thereafter every partner is undividedly liable to the full extent of his property.
第百十三條　社員ニ非スシテ商號ニ其氏ヲ表スルコトヲ承諾シ若クハ之ヲ表スルニ任セ又ハ會社ノ業務ノ施行ニ與カリ又ハ事實社員タルノ權利義務ヲ有スル者ハ社員ト同シク連帶無限ノ責任ヲ負フ
113.　Persons who, without being partners, consent or allow their names to appear in the firm name of a partnership, or take part in the conduct of its affairs, or actually take upon themselves the rights and duties of partners, are jointly and severally and unlimitedly liable as though partners.
第百十四條　商業使用人又ハ代務人ハ其給料ノ全部又ハ一分ヲ一定又ハ不定ノ利益配當ニ因リテ受クルモノト雖モ前條ノ者ト同視セス
114.　Trade assistants or trade procurators whose salary consists either wholly or in part of a fixed or variable share of the profits, are not to be regarded in the same light as the persons in the preceding Article mentioned.
第百十五條　新ニ入社スル社員ハ契約上他ノ定ナキトキハ其入社前ニ生シタル會社ノ義務ニ付テモ責任ヲ負フ
115.　A newly admitted partner is liable for all obligations incurred by the partnership prior to his admittance, unless it be otherwise stipulated by agreement.
第百十六條　會社財產ニ屬スル物ハ社員ノ債權者其債權ノ爲メ之ヲ請求スルコトヲ得ス但差入前ニ於テ其物ニ付キ第三者ノ爲メ權利ノ設定セラレタルトキハ此限ニ在ラス
116.　No portion of the partnership property can be claimed for the payment of the debts of any individual partner by his creditors, unless some right to such portion had been created in favour of third persons prior to the contribution thereof to the partnership property.
第百十七條　社員ノ債權者ハ社員自ラ要求シ得ヘキ利息又ハ配當金ノミヲ會社ニ對シテ要求スルコトヲ得
117.　The creditors of a partner can claim from the partnership such interest or dividends only as he himself may be entitled to.
然レトモ社員ノ持分ハ社員ノ退社又ハ會社解散ノ場合ニ非サレハ之ヲ要求スルコトヲ得ス
The share of a partner, however, in the partnership property can only be claimed on his retirement from the partnership, or upon dissolution thereof.
第百十八條　會社ニ對スル債務ト社員ニ對スル債權ト又會社ニ對スル債權ト社員ニ對スル債務トノ相殺ハ會社財產ノ分割前ニ在テハ之ヲ爲スコトヲ得ス
118.　Previous to the division of the partnership property, no debt due to a partnership can be set off against a right of claim against a partner therein, and, similarly, no debt due to a partner can be set off against a right of claim against the partnership of which he is a member.
第百十九條　社員ノ持分ヲ減シタル爲メ會社ノ債權者カ其會社財產ヨリ得ヘキ辨償ヲ減損セラレ又ハ支障セラレタルトキハ減少ノ時ヨリ二个年內ニ在テハ其減少ニ對シテ異議ヲ述フルコトヲ得
119.　The reduction of the share of a partner in the partnership property can be contested by the creditors of the partnership within two years of such reduction, if it impairs the means of satisfying their claims out of the partnership property, or renders the satisfaction of such claims more difficult.
第五款　社員ノ退社
SUBSECTION 5. CESSATION OF MEMBERSHIP OF PARTNERS.
第百二十條　社員ハ會社契約カ有期ナルトキハ總社員ノ承諾ヲ要シ無期又ハ終身ナルトキハ其承諾ヲ要セスシテ任意ニ退社スルコトヲ得
120.　A partner can only voluntarily retire from a partnership entered into for a fixed term with the consent of all the partners ; but no such consent is necessary where the partnership was entered into for an indefinite time or for life.
其退社ハ六个月前ニ豫吿ヲ爲シタル上事業年度ノ末ニ限ル但急速ニ退社ス可キ重要ノ事由アルトキハ此限ニ在ラス
Such retirement can, however, only take place after six months prior notice has been given and at the end of a business year, unless important reasons exist for speedy retirement.
第百二十一條　右ノ外社員ハ左ノ諸件ニ因リテ退社ス
121.　The membership of a partner is also terminated :--
第一　除名
i.　By his expulsion ;
第二　死亡
ii.　By his death, unless his heir or other successor takes his place ;
但亡社員ノ地位ニ代ハル可キ相續人又ハ承繼人ナキ時ニ限ル
第三　破產
iii.　By his bankruptcy ;
第四　能力ノ喪失但特約ナキトキニ限ル
iv.　By his loss of capacity, unless it is otherwise agreed upon.
第百二十二條　社員退社スル每ニ會社ハ七日內ニ其理由ヲ附シタル登記ヲ受ク可シ
122.　Whenever the membership of a partner ceases, the partnership is to have such fact and the cause thereof entered in the Commercial Register within seven days.
第百二十三條　會社ハ退社員ノ爲メ特ニ作リタル貸借對照表ニ依リ退社ノ時ノ割合ヲ以テ其持分ヲ退社員又ハ其相續人若クハ承繼人ニ拂渡スコトヲ要ス
123.　When the membership of a partner ceases, the amount of his share in the partnership property at the time is to be determined by means of a balance sheet made out for the purpose, and the amount so ascertained must be paid out to him, or to his heir or other successor.
退社前ノ取引ニシテ未タ結了セサルモノハ其結了ノ後之ヲ計算スルコトヲ得
Accounts of any transactions entered into, but not completed, before the membership of a partner ceases may be taken on the completion thereof.
第百二十四條　退社員ノ持分ノ價直ハ特約アルニ非サレハ其出資ノ何種類タルヲ問ハス金錢ノミニテ之ヲ拂渡ス
124.　The value of the share of a partner in the partnership property is, in the absence of any agreement to the contrary, payable in money only, without regard to the nature of his original contribution.
勞力ノ出資又ハ其他退社ト共ニ終止スル出資ニ付テハ特約アルニ非サレハ之ニ對スル報償ヲ爲ス義務ナシ
In the absence of a special agreement no compensation is due for such contributions as consist in personal services, or as otherwise terminate when the membership of the partner ceases.
第百二十五條　退社員ハ退社前ニ係ル會社ノ義務ニ付テハ退社後二个年間仍ホ全財產ヲ以テ其責任ヲ負フ
125.　A partner, whose membership has ceased, continues liable for a period of two years thereafter to the full extent of his property, in respect of obligations incurred by the partnership before his membership ceased.
第九十八條ノ場合ニ於テ第三者ヲシテ己レノ地位ニ代ハラシメタル者ニ付テモ亦前項ヲ適用ス
The same applies to a partner who in accordance with Article 98 has substituted a third person in his place.
第六款　會社ノ解散
SUBSECTION 6. DISSOLUTION OF PARTNERSHIP.
第百二十六條　會社ハ左ノ諸件ニ因リテ解散ス
126.　A partnership is dissolved :--
第一　會社存立時期ノ滿了
i.　By expiration of the term for which it was formed ;
第二　會社契約ニ定メタル解散事由ノ起發
ii.　By the happening of events upon which dissolution was by the partnership contract provided to take place ;
第三　總社員ノ承諾
iii.　By the consent of all the partners ;
第四　會社ノ破產
iv.　By the bankruptcy of the partnership ;
第五　裁判所ノ命令
v.　By order of the Court.
第百二十七條　第六十七條ニ揭ケタル場合ノ外會社其目的ヲ達スルコト能ハス又ハ會社ノ地位ヲ維持スルコト能ハサルノ理由ヲ以テ一人又ハ數人ノ社員ヨリ會社ノ解散ヲ申立ツルトキハ裁判所ノ命令ヲ以テ之ヲ解散セシムルコトヲ得
127.　A partnership may be dissolved by order of the Court in cases, other than those in Article 67 mentioned, on an application made by one or more of the partners to have the partnership dissolved on grounds which render the object of the partnership unattainable or the continuance of its existence as a partnership impossible.
會社ノ地位ヲ維持スルコト能ハサル場合ニ於テ會社ノ解散ニ換ヘテ或ル社員ヲ除名ス可キコトヲ他ノ總社員ヨリ相當ノ理由ヲ以テ申立ツルトキハ裁判所ノ命令ヲ以テ之ヲ除名スルコトヲ得
In the latter case the Court may order in lieu of dissolution, the expulsion of individual partners, on an application to that effect by all the other partners based on sufficient grounds.
前二項ニ揭ケタル裁判所ノ命令ニ對シテハ卽時抗吿ヲ爲スコトヲ得
Against the orders in the last two paragraphs mentioned immediate complaint may be raised.
第百二十八條　第百二十六條ノ第一號第二號ニ記載シタル場合ニ於テハ總社員又ハ社員ノ一分ニテ會社ヲ保續スルコトヲ得但社員ノ一分ニテ保續シタルトキハ其離脫シタル社員ハ退社シタルモノト看做ス
128.　In the cases mentioned in Article 126, i. and ii. the partnership may be continued by all the partners or by some of them ; in the latter case, a partner who declines to continue is to be deemed to retire.
第百二十九條　會社解散スルトキハ破產ノ場合ヲ除ク外總社員ノ多數決ヲ以テ淸算人一人又ハ數人ヲ任シ七日內ニ解散ノ原由、年月日及ヒ淸算人ノ氏名、住所ノ登記ヲ受ク可シ
129.　Where dissolution of a partnership takes place for reasons other than bankruptcy, one or more liquidators are to be elected by a majority of all the partners, and the cause of dissolution, the date thereof, and the names and domiciles of the liquidators are to be entered within seven days in the Register.
第百三十條　淸算人ハ會社ノ現務ヲ結了シ會社ノ義務ヲ履行シ未收ノ債權ヲ行用シ現存ノ財產ヲ賣却ス又淸算人ハ淸算ノ目的ヲ超エテ營業ヲ保續シ又ハ新ニ取引ヲ爲スコトヲ得ス又淸算人ハ裁判上會社ヲ代理シ且會社ノ爲メ和解契約及ヒ仲裁契約ヲ爲スコトヲ得
130.　It is the duty of the liquidators to close all current business ; to discharge the obligations of the partnership ; to collect outstanding claims ; and to sell the then existing partnership property. The liquidators are not permitted to continue the business of the partnership or to enter into any new transactions, except in so far as is necessary for the purpose of liquidation. They can represent the partnership in all judicial proceedings and effect any compromise or submission to arbitration on its behalf.
第百三十一條　淸算人ノ權ハ社員之ヲ制限スルコトヲ得ス且重要ナル事由ニ基ク社員ノ申立ニ因リ裁判所ノ命令ヲ以テスルニ非サレハ之ヲ解任スルコトヲ得ス但其命令ニ對シ卽時抗吿ヲ爲スコトヲ得
131.　The powers of the liquidators cannot be limited by the partners, and they are only revocable by order of the Court on the application of the partners on weighty grounds. Against such order immediate complaint may be raised.
第百三十二條　淸算人ハ委任事務ヲ履行シタル後社員ニ計算ヲ報吿シ第百五條及ヒ第百二十四條ノ規定ニ準シ會社財產ヲ社員ニ分配ス又淸算中ト雖モ自由ト爲リタル財產ハ之ヲ社員ニ分配スルコトヲ得
132.　The liquidators, on the conclusion of their duties, are to render an account to the partners, and distribute amongst them the partnership property in accordance with the provisions of Articles 105 and 124. During the progress of the liquidation, such property as becomes available may be distributed amongst them.
第百三十三條　社員ニ分配ス可キ物ハ會社ノ總テノ義務ヲ濟了スルニ要セサル會社財產ニ限ル
133.　Only so much of the partnership property is divisible amongst the partners as is not required for meeting the total obligations of the partnership.
第百三十四條　解散シタル會社ノ商業帳簿及ヒ其他ノ書類ハ社員第三十四條ノ規定ニ從ヒ之ヲ處分ス
134.　The trade books and papers of a dissolved partnership are to be dealt with by the partners in conformity with the provisions of Article 34.
第百三十五條　會社ノ義務ニ對スル社員ノ無限責任ハ其義務ニ付キ五个年未滿ノ時効ノ定ナキトキニ限リ解散後五个年ノ滿了ニ因リテ時効ニ罹ル但債權者カ未タ分配セラレサル會社財產ニ對シテ請求ヲ爲ストキハ此限ニ在ラス
135.　The unlimited liability of the partners for the obligations of the partnership becomes prescribed by the expiration of five years from dissolution, excepting in the case of obligations in respect to which some shorter period of prescription exists, but nothing herein affects the right of a creditor to claim any patrnership property remaining undistributed.
第二節　合資會社
SECTION II. LIMITED PARTNERSHIP (GOSHI-KWAISHA).
第百三十六條　社員ノ一人又ハ數人ニ對シテ契約上別段ノ定ナキトキハ社員ノ責任カ金錢又ハ有價物ヲ以テスル出資ノミニ限ルモノヲ合資會社ト爲ス
136.　A limited partnership is one in which the liablity of its members is limited to the amount of their contribution in money or things of value, unless in the case of one or more of them it is otherwise determined by contract.
合資會社ノ社員ノ數ハ之ヲ制限セス
The number of members of a limited partnership is subject to no restriction.
第百三十七條　合資會社ハ本節ニ定メタル規定ノ外總テ合名會社ノ規定ニ從フ
137.　Subject to the rules in this Section contained, the provisions governing ordinary partnerships apply also to limited partnerships.
第百三十八條　合資會社ノ登記及ヒ公吿ニハ第七十九條ノ第二號乃至第六號ニ列記シタルモノノ外尙ホ左ノ事項ヲ揭クルコトヲ要ス
138.　In the case of a limited partnership the registration and publication must, in addition to the particulars in Article 79, ii--vi. specified, contain :--
第一　合資會社ナルコト
i.　A declaration that the partnership is to be a limited partnership ;
第二　會社資本ノ總額
ii.　The total amount of the partnership capital ;
第三　各社員ノ出資額
iii.　The amount of each partner's contribution ;
第四　無限責任社員アルトキハ其氏名
iv.　The names of the partners whose liability is unlimited, if any ;
第五　業務擔當社員又ハ取締役アルトキハ其氏名及ヒ其責任ノ有限又ハ無限ナルコト
v.　The names of the managing partners or directors if any, with a statement as to whether their liability is limited or unlimited.
第百三十九條　商號ニハ社員ノ氏ヲ用ユルコトヲ得ス但無限責任社員ノ氏ハ此限ニ在ラス又商號ニハ何レノ場合ニ於テモ合資會社ナル文字ヲ附ス可シ
139.　The firm name of a limited partnership may not contain the family names of partners other than those who are unlimitedly liable. The firm name is in every case to conclude with the words “ Goshi-kwaisha”
若シ商號ニ社員ノ氏ヲ用井タルトキハ其社員ハ此カ爲メ當然會社ノ義務ニ對シテ無限ノ責任ヲ負フ
Where the firm name contains the family name of a partner, he is thereby rendered unlimitedly liable for obligations of the partnership.
第百四十條　無限責任ノ社員、取締役ヲ除ク外社員ハ自己ノ計算又ハ第三者ノ計算ニテ會社ノ商部類ニ屬スル取引ヲ爲シ又ハ之ニ與カルコトヲ得
140.　With the exception of partners with unlimited liability, and directors, the partners can, on their own account as well as on that of third persons, carry on or take part in transactions falling within the same description of trade as that pursued by the partnership.
第百四十一條　各社員ハ契約上他ノ定ナキトキハ同等ニ會社ヲ代理スル權利義務ヲ有ス
141.　All the partners, unless it is otherwise provided in the contract, are equally entitled and bound to represent the partnership.
第百四十二條　社員七人ヲ超ユル會社ニ在テハ其契約ヲ以テ社員中ヨリ一人又ハ數人ノ取締役ヲ任シ又設立後七人ヲ超ユルトキハ會社ノ決議ヲ以テ之ヲ任ス但其決議ノ効力ハ總社員四分三以上ノ多數決ニ依リテ生ス
142.　Where the partnership consists of more than seven partners, it appoints one or more of the partners to be directors, either at once in the partnership contract or, in the event of such case arising at a later period, by means of a resolution of the partnership, for the validity of which a majority of three-fourths of all the partners is required.
取締役ハ何時ニテモ會社ノ決議ニ依リテ解任セラルルコト有ル可シ其決議ノ効力ハ亦總社員四分三以上ノ多數決ニ依リテ生ス
Directors may at any time be dismissed from their office by a resolution of the partnership, for the validity of which a majority of three-fourths of all the partners is required.
第百四十三條　業務擔當ノ任アル社員又ハ取締役ハ裁判上ト裁判外トヲ問ハス總テ會社ノ事務ニ付キ會社ヲ代理スル專權ヲ有ス然レトモ會社契約又ハ會社ノ決議ニ依リテ覊束セラル
143.　The partners entitled to management or directors have the exclusive right of representing the partnership in all its affairs, judicial and extra-judicial ; they are, however, bound by the provisions of the partnership contract and the resolutions of the partnership.
數人ノ業務擔當社員又ハ取締役アル場合ニ於テ各別ニ業務ヲ取扱フコトヲ得ルモノタリヤ又ハ其總員若クハ數人共同ニ非サレハ之ヲ取扱フコトヲ得サルモノタリヤハ會社契約又ハ會社ノ決議ヲ以テ之ヲ定ム
Where there are two or more managing partners or directors, it is to be determined in the partnership contract or by a resolution of the partnership whether its business may be conducted by each one in dividually, or only by some of their number combined, or only by all collectively.
第百四十四條　業務擔當ノ任アル社員又ハ取締役ノ代理權ニ加ヘタル制限ハ善意ヲ以テ之ト取引ヲ爲シタル第三者ニ對シテ其効ナシ
144.　Any restriction placed upon the representative powers of the partners entitled to management or directors is of no effect with regard to third persons entering into transactions with them in good faith.
第百四十五條　有限責任社員ハ業務擔當ノ任アル社員又ハ取締役ノ認可ヲ得テ其持分ヲ他人ニ讓渡スコトヲ得此場合ニ於テハ取得者ハ讓渡人ノ權利義務ヲ襲承ス
145.　Subject to the consent of the partners entitled to management or directors, a partner with limited liability may transfer his share in the partnership to a third person, who thereupon enters into all the rights and duties of the transferor.
第百四十六條　會社契約ニ於テ又ハ第百四十二條ニ定メタル會社ノ決議ニ依リテ業務擔當ノ任アル社員又ハ取締役ノ總員、數人若クハ一人カ其業務施行中ニ生シタル會社ノ義務ニ付キ無限ノ責任ヲ負フ可キ旨ヲ豫メ定ムルコトヲ得
146.　It may be previously determined in the partnership contract or by a resolution of the partnership arrived at as in Article 142 mentioned that, all or some one or more of the partners- entitled to management or directors, shall be unlimitedly liable for the partnership obligations incurred during their conduct of business.
第百四十七條　前條ニ揭ケタル無限ノ責任ハ業務擔當ノ任アル社員又ハ取締役ノ退任後一个年ノ滿了ニ因リテ消滅ス
147.　The unlimited liability mentioned in the last preceding Article of any partner entitled to management or director terminates at the expiration of one year from the date of his retirement from office.
第百四十八條　業務擔當ノ任アル社員又ハ取締役ハ每年少ナクトモ一囘通常總會ヲ招集シ其他業務擔當ノ任アル社員又ハ取締役ニ於テ必要ト認ムルトキ又ハ總社員四分一以上ノ申立アルトキハ臨時總會ヲ招集ス可シ
148.　The partners entitled to management or directors are to convene an ordinary general meeting at least once in every year, and to convene an extraordinary general meeting whenever they deem necessary or upon a requisition made by one fourth of all the partners.
第百四十九條　總會ヲ招集スルニハ會日ヨリ少ナクトモ七日前ニ各社員ニ會議ノ目的ヲ通知シ及ヒ提出ス可キ書類ヲ送付スルコトヲ要ス
149.　Seven days at least prior to the date of a general meeting, the object of the meeting and copies of the documents to be laid before it must be communicated to each partner.
第百五十條　事業年度ノ終リタル後直チニ通常總會ヲ開キ其年度ノ貸借對照表及ヒ事業竝ニ其成果ノ報吿書ヲ社員ニ提出シテ檢査及ヒ認定ヲ受ク其認定ハ出席社員ノ多數決ニ依ル
150.　At the ordinary general meeting, which is to be held immediately after the close of the business year, a balance sheet and a report on the business of the preceding year and on its results are to be submitted to the partners for their examination and approval. The question of approval is decided by resolution passed by a majority of the members present.
第百五十一條　臨時總會ニ於テ議ス可キ事項ハ總社員ノ過半數ヲ以テ之ヲ決ス
151.　To pass a resolution deciding any matter laid before an extraordinary general meeting an absolute majority of all the partners is required.
然レトモ合名會社ニ在テ總社員ノ承諾ヲ要ス可キ事項ハ總社員四分三以上ノ多數ヲ以テ之ヲ決ス此場合ニ於テハ不同意ノ社員ハ直チニ退社スル權利アリ
Matters, however, for the decision of which in the case of an ordinary partnership the consent of all the partners is required, are decided by a majority of three-fourths of all the partners. In such case the dissenting members have the right of immediate retirement from the partnership.
第百五十二條　前條ニ揭ケタル決議ニ要スル定數ノ社員出席セサルトキハ其總會ニ於テ假ニ決議ヲ爲スコトヲ得此場合ニ於テハ其決議ヲ總社員ニ通知シテ再ヒ總會ヲ招集ス其通知ニハ若シ第二ノ總會ニ於テ出席社員ノ多數ヲ以テ第一ノ總會ノ決議ヲ認可シタルトキハ之ヲ有効ト爲ス可キ旨ヲ明吿スルコトヲ要ス
152.　Where the number of partners present at such general meeting is insufficient to pass a resolution by the majority required by the preceding Article, a provisional resolution may be passed. In such case the resolution passed must be communicated to all the partners and a fresh general meeting convened, with an express notification that the resolution will become effective if confirmed by a majority of those present at such subsequent general meeting.
第百五十三條　利息又ハ配當金ハ會社資本額カ損失ニ因リテ減シタル間ハ之ヲ社員ニ拂渡スコトヲ得ス
153.　No interest or dividends may be paid to partners so long as the partnership capital is diminished by losses.
第三節　株式會社
SECTION III. JOINT-STOCK COMPANIES (KABUSHIKI-KWAISHA).
第一款　總則
SUBSECTION 1. GENERAL PROVISIONS.
第百五十四條　會社ノ資本ヲ株式ニ分チ其義務ニ對シテ會社財產ノミ責任ヲ負フモノヲ株式會社ト爲ス
154.　A joint-stock company is a company having its capital divided into shares, and for whose obligations its property is exclusively liable.
第百五十五條　株式會社ハ其目的カ商業ヲ營ムニ在ラサルモノモ亦之ヲ商事會社ト看做ス
155.　A joint-stock company is to be deemed to be a commercial company even if its object is not the carrying on of a commercial business.
第百五十六條　株式會社ハ七人以上ヲ以テシ且政府ノ免許ヲ得ルニ非サレハ之ヲ設立スルコトヲ得ス
156.　No joint-stock company may have less than seven members, and none can be formed without a concession from the Government.
第二款　會社ノ發起及ヒ設立
SUBSECTION 2. PROMOTION AND FORMATION OF JOINT-STOCK COMPANIES.
第百五十七條　株式會社ハ四人以上ニ非サレハ之ヲ發起スルコトヲ得ス
157.　No joint-stock company can be promoted by less than four persons.
發起人ハ目論見書及ヒ假定款ヲ作リ各自之ニ署名捺印ス
The promoters are to draw up the prospectus and provisional regulations of the company, and each promoter is to subscribe his name and affix his seal thereto.
定款ハ本法ノ規定ニ牴觸スルコトヲ得ス
The regulations must not be contrary to the provisions in this Code contained.
第百五十八條　目論見書ニ記載ス可キ事項左ノ如シ
158.　The prospectus is to contain the following particulars:--
第一　株式會社ナルコト
i.　A declaration that the company is to be a joint-stock company ;
第二　會社ノ目的
ii.　The objects of the company ;
第三　會社ノ商號及ヒ營業所
iii.　The firm name of the company, and the place of its seat of business ;
第四　資本ノ總額、株式ノ總數及ヒ一株ノ金額
iv.　The total amount of capital of the company, the number of shares and the amount of each ;
第五　資本使用ノ槪算
v.　A rough estimate of the manner in which the capital of the company is to be employed ;
第六　發起人ノ氏名、住所及ヒ發起人各自ノ引受クル株數
vi.　The names and domiciles of the promoters and the number of shares taken by each ;
第七　存立時期ヲ定メタルトキハ其時期
vii.　Where a term for the existence of the company has been fixed, the duration thereof.
第百五十九條　發起人ハ會社ヲ設立ス可キ地ノ地方長官ヲ經由シテ目論見書及ヒ假定款ヲ主務省ニ差出シ發起ノ認可ヲ請フコトヲ要ス
159.　Application for permission to promote a company must be made by the promoters to the proper Department of State through the Governor of the district in which the company is to be established. Such application must be accompanied by the prospectus and provisional regulations.
第百六十條　發起人ハ前條ノ認可ヲ得タルトキハ目論見書ヲ公吿シテ株主ヲ募集スルコトヲ得
160.　When such permission has been obtained, the promoters may publish the prospectus with an invitation to subscribe for shares.
其公吿中ニハ法律ニ規定シタル發起ノ認可ヲ得タル旨及ヒ其認可ノ年月日ト各株式申込人ニ假定款ヲ展閱セシムル旨トヲ附記ス
Such publication is to include mention of the fact that the legally prescribed permission has been obtained, the date upon which it was given, and the statement that the provisional regulations of the company will be open to the inspection of every subscriber.
第百六十一條　株式ノ申込ヲ爲スニハ申込人其引受クル株數ヲ株式申込簿ニ記入シテ之ニ署名捺印ス又其申込ハ署名捺印シタル陳述書ノ送附ヲ以テ之ヲ爲スコトヲ得
161.　A person in order to subscribe for shares is to enter in the subscription list the number of shares he wishes to take, and is to sign his name and affix his seal thereto. A person may also subscribe by forwarding a signed and sealed declaration in writing.
代人ヲ以テ申込ムトキハ委任者ノ氏名ニ代人其氏名ヲ附記シテ之ニ捺印ス
Where a person subscribes through a representative, the names of the principal, together with those of the representative, are to be mentioned and the signature and seal of such representative affixed.
第百六十二條　株式ノ申込ニ因リテ申込人ハ會社設立スルニ至レハ定款ニ從ヒ各株式ニ付テノ拂込ヲ爲ス可キ義務ヲ負フ
162.　A person by subscribing binds himself, conditionally on the company being formed, to pay the amounts payable on each share in conformity with the regulations.
第百六十三條　總株式ノ申込アリタル後ハ發起人ハ創業總會ヲ開ク可シ其總會ニ於テハ少ナクトモ總申込人ノ半數ニシテ總株金ノ半額以上ニ當ル申込人ノ承認ヲ經テ定款ヲ確定ス
163.　When all the shares have been subscribed, the promoters are to convene the first general meeting. The first business to be transacted at such meeting is the definite settlement of the regulations of the company, with the assent of at least one half of all the subscribers, who represent at least one half of the total share capital.
第百六十四條　創業總會ニ於テハ創業ノ爲メ發起人ノ爲シタル契約及ヒ出費ノ認否ヲ議定シ又有價物ノ出資ヲ差入レテ株式ヲ受ク可キ者アルトキハ其價格ヲ議定ス
164.　At the first general meeting resolutions are to be passed for the ratification of contracts entered into and disbursements made by the promoters in promoting the company, and for fixing the value of contributions consisting in things of value for which the contributors are to receive shares.
前項ノ議定ハ少ナクトモ總申込人ノ半數ニシテ總株金ノ半額以上ニ當ル申込人出席シ其議決權ノ過半數ニ依リテ之ヲ爲ス
Such resolutions are passed by an absolute majority of votes of those present, who represent at least one half of the total number of subscribers and one half of the total share capital of the company.
第百六十五條　其他創業總會ニ於テハ取締役及ヒ監査役ヲ選定ス
165.　The business at the first general meeting also includes the election of the directors, and of inspectors.
第百六十六條　創業總會ノ終リシ後發起人ハ地方長官ヲ經由シテ主務省ニ會社設立ノ免許ヲ請フ其申請書ニハ左ノ書類ヲ添フ可シ
166.　When the first general meeting has been held, the promoters are to apply through the Governor to the proper Department of State for a concession to form the company. Such application is to be accompanied by
第一　目論見書及ヒ定款
i.　The prospectus and regulations ;
第二　株式申込簿
ii.　The subscription list ;
第三　發起ノ認可證
iii.　The document of permission to promote the company.
第百六十七條　會社設立ノ免許ヲ得タルトキハ發起人其事務ヲ取締役ニ引渡ス可シ
167.　When the concession is granted, the promoters are to hand over the business to the directors.
取締役ハ速ニ株主ヲシテ各株式ニ付キ少ナクトモ四分一ノ金額ヲ會社ニ拂込マシム
The directors are thereupon to cause the shareholders to forthwith pay to the company twenty five per cent at least upon each share.
第百六十八條　會社ハ前條ニ揭ケタル金額拂込ノ後十四日內ニ目論見書、定款、株式申込簿及ヒ設立免許書ヲ添ヘテ登記ヲ受ク可シ
168.　When the amount mentioned in the preceding Article has been paid in, the company is to apply within fourteen days for registration. Such application is to be accompanied by the prospectus, regulations, and subscription list, and the charter of concession.
登記及ヒ公吿ス可キ事項ハ左ノ如シ
The following particulars are to be registered and published :--
第一　株式會社ナルコト
i.　A declaration that the company is to be a joint-stock company ;
第二　會社ノ目的
ii.　The objects of the company ;
第三　會社ノ商號及ヒ營業所
iii.　Its firm name and place of seat of business ;
第四　資本ノ總額、株式ノ總數及ヒ一株ノ金額
iv.　The total amount of the share capital, as well as the number of shares and the amount of each ;
第五　各株式ニ付キ拂込ミタル金額
v.　The amount already paid upon each share:
第六　取締役ノ氏名、住所
vi.　The names and domiciles of the directors ;
第七　存立時期ヲ定メタルトキハ其時期
vii.　Where a term for the existence of the company has been fixed, the duration thereof ;
第八　設立免許ノ年月日
viii.　The date of its charter of concession ;
第九　開業ノ年月日
ix.　The date of commencing business.
裁判所ハ會社ヨリ差出シタル書類ヲ登記簿ニ添ヘテ保存ス
The Court is to keep the documents handed in by the company along with the Register.
第百六十九條　會社支店ヲ設ケタルトキハ其所在地ニ於テ亦登記ヲ受ク可シ
169.　Where a company forms a branch establishment it is likewise to be entered in the Commercial Register of the place.
第百七十條　設立ノ免許ヲ得タル後遲クトモ一个年內ニ登記ヲ受ケサルトキハ其免許ハ効力ヲ失フ第八十一條及ヒ第八十二條ノ規定ハ株式會社ニモ亦之ヲ適用ス
170.　Where no registration has been effected within one year at the latest from the date of obtaining concession, such concession becomes inoperative. The provisions of Articles 81 and 82 apply also to joint-stock companies.
第百七十一條　登記前ニ在テハ創業總會ノ承認ヲ經タル義務及ヒ出費ニ付キ發起人、取締役及ヒ株主ニ於テ連帶無限ノ責任ヲ負フ
171.　Until registration takes place, the promoters and directors, as well as the shareholders, are jointly and severally liable to an unlimited extent for all obligations and disbursements sanctioned at the first general meeting.
第百七十二條　創業總會ノ承認ヲ經サル義務及ヒ出費ニ付テハ發起人ニ於テ仍ホ連帶無限ノ責任ヲ負フ
172.　The promoters of a company remain jointly and severally liable to an unlimited extent for all obligations and disbursements not sanctioned at the first general meeting.
第三款　會社ノ商號及ヒ株主名簿
SUBSECTION 3. FIRM NAME OF COMPANY AND LIST OF SHAREHOLDERS.
第百七十三條　商號ニハ株主ノ氏ヲ用ユルコトヲ得ス又商號ニハ株式會社ナル文字ヲ附ス可シ
173.　The firm name may not contain the names of any shareholder or shareholders, and it is to conclude with the words “Kabushiki-kwaisha.”
第百七十四條　會社ハ株主名簿ヲ備ヘ之ニ左ノ事項ヲ記載ス
174.　Every company is to keep a list of shareholders in which are to be inscribed :--
第一　各株主ノ氏名、住所
i.　The names and domicile of each shareholder ;
第二　各株主所有ノ株式ノ數及ヒ株券ノ番號
ii.　The number of shares held by each shareholder, and the number of each share ;
第三　各株式ニ付キ拂込ミタル金額
iii.　The amount already paid up on each share ;
第四　各株式ノ取得及ヒ讓渡ノ年月日
iv.　The dates of acquisition and transfer of each share.
第四款　株式
SUBSECTION 4. SHARES.
第百七十五條　各株式ノ金額ハ會社資本ヲ一定平等ニ分チタルモノニシテ二十圓ヲ下ルコトヲ得ス又其資本十萬圓以上ナルトキハ五十圓ヲ下ルコトヲ得ス
175.　The amount of each share is to be a fixed and equal portion of the capital of the company. No share may be less than twenty yen in amount and, where the capital of a company amounts to one hundred thousand yen or more, no share may be less than fifty yen.
第百七十六條　株式ハ一株每ニ株券一通ヲ作リ之ニ其金額、發行ノ年月日、番號、商號、社印、取締役ノ氏名、印及ヒ株主ノ氏名ヲ載ス
176.　A certificate is to be issued in respect of each share and such certificate is to bear the sum of money for which it is issued, the date of issue, its number, the firm name and seal of the company, the names and the seals of the directors and the names of the shareholder.
第百七十七條　株式ハ分割又ハ併合スルコトヲ得ス
177.　Shares can be neither subdivided nor consolidated.
第百七十八條　株金全額拂込以前ニ於テハ會社ハ假株券ヲ發行シ全額完納ノ後ニ至リ始メテ本株券ヲ發行スルコトヲ得
178.　So long as the shares are only partly paid up the company may only issue provisional certificates ; the final certificates may not be issued until the shares are fully paid up.
第百七十九條　假株券及ヒ本株券ハ登記前ニ之ヲ發行スルコトヲ得ス
179.　Neither provisional nor final certificates may be issued until registration has taken place.
第百八十條　株金額少ナクトモ四分一ノ拂込前ニ爲シタル株式ノ讓渡ハ無効タリ
180.　The transfer of any share, upon which less than one fourth of the amount thereof has been paid, is void.
第百八十一條　株式ノ讓渡ハ取得者ノ氏名ヲ株券及ヒ株主名簿ニ記載スルニ非サレハ會社ニ對シテ其効ナシ
181.　The transfer of a share is invalid as against the company, unless the names of the transferee of such share have been entered on the sharecertificate, and on the list of shareholders.
第百八十二條　株金半額拂込前ノ株式ノ讓渡人ハ會社ニ對シテ其株金未納額ノ擔保義務ヲ負フ
182.　The transferor of a share on which less than one half has been paid up continues liable to the company as a surety for the full amount unpaid thereon.
第百八十三條　會社ハ株主名簿及ヒ計算ノ閉鎖ノ爲メ公吿ヲ爲シテ事業年度每ニ一个月ヲ踰エサル期間株券ノ讓渡ヲ停止スルコトヲ得
183.　For the purpose of closing the list of shareholders and the accounts, a company is entitled, once in every business year, on giving public notice, to suspend the transfer of shares for a period not exceeding one month.
第百八十四條　拂込ミタル株金額及ヒ會社財產中ノ持分ハ會社解散前ニ於テハ之ヲ取戾サント求ムルコトヲ得ス
184.　Neither the amount paid up on any share nor the interest of a shareholder in the property of a company, can be reclaimed before the dissolution thereof.
第五款　取締役及ヒ監査役
SUBSECTION 5. DIRECTORS AND INSPECTORS.
第百八十五條　總會ハ株主中ニ於テ三人ヨリ少ナカラサル取締役ヲ三个年內ノ時期ヲ以テ選定ス但其時期滿了ノ後再選スルハ妨ナシ
185.　Every company is in general meeting to elect from amongst the shareholders at least three directors to hold office for a period not exceeding three years, and who at the expiration of such period, are eligible for re-election.
取締役ハ同役中ヨリ主トシテ業務ヲ取扱フ可キ專務取締役ヲ置クコトヲ得然レトモ其責任ハ他ノ取締役ト同一ナリ
From amongst the directors one or more may be appointed managing directors, whose liability, however, remains the same as that of the other directors.
第百八十六條　取締役ノ代理權及ヒ其權ノ制限ニ付テハ第百四十三條及ヒ第百四十四條ノ規定ヲ適用ス
186.　With respect to the powers of directors to represent the company, and the limitation of such powers, the provisions of Articles 143 and 144 apply.
第百八十七條　取締役ニ選マルル爲メ株主ノ所有ス可キ株數ハ會社定款ニ於テ之ヲ定ム取締役ノ在任中ハ其株券ニ融通ヲ禁スル印ヲ捺シ之ヲ會社ニ預リ置ク可シ
187.　The number of shares which are to be held by a shareholder, in order to render him eligible for the office of director, is to be prescribed in the regulations of the company. During the period of office of a director, the certificates of such shares are to be marked as not transferable and deposited with the company.
第百八十八條　取締役ハ其職分上ノ責務ヲ盡スコト及ヒ定款竝ニ會社ノ決議ヲ遵守スルコトニ付キ會社ニ對シテ自己ニ其責任ヲ負フ
188.　The directors are personally responsible to the company for the performance of their official duties, and for the due observance of the regulations of the company and its resolutions.
第百八十九條　取締役ハ會社ノ義務ニ付キ各株主ニ異ナラサル責任ヲ負フ然レトモ定款又ハ總會ノ決議ヲ以テ取締役ノ在任中ニ生シタル義務ニ付キ取締役カ連帶無限ノ責任ヲ負フ可キ旨ヲ豫メ定ムルコトヲ得其責任ハ退任後一个年ノ滿了ニ因リテ消滅ス
189.　The liability of the directors for the obligations of the company is the same as that of other shareholders. They can, however, if it is so provided by the regulations of the company or previously determined by a resolution passed in general meeting, be held personally jointly and severally an dun-limitedly, liable in respect of all obligations which have arisen during their term of office. Such liability terminates at the expiration of one year from the date at which they ceased to hold office.
第百九十條　取締役ノ更迭ハ其度每ニ登記ヲ受ク可シ
190.　Every alteration in the persons of the directors is to be entered in the Commercial Register.
第百九十一條　總會ハ株主中ニ於テ三人ヨリ少ナカラサル監査役ヲ二个年內ノ時期ヲ以テ選定ス但其時期滿了ノ後再選スルハ妨ナシ
191.　Every company is in general meeting to elect from amongst the shareholders at least three inspectors to hold office for a period not exceeding two years, and who at the expiration of such period, are eligible for re-election.
第百九十二條　監査役ノ職分ハ左ノ如シ
192.　The duties of the inspectors are as follows :--
第一　取締役ノ業務施行カ法律、命令、定款及ヒ總會ノ決議ニ適合スルヤ否ヤヲ監視シ且總テ其業務施行上ノ過愆及ヒ不整ヲ檢出スルコト
i.　To see that the conduct by the directors of the affairs of the company is in conformity with the laws and ordinances, the regulations of the company, and the resolutions passed in general meeting, and, generally, to expose all mistakes and irregularities committed by the directors in the course of such conduct ;
第二　計算書、財產目錄、貸借對照表、事業報吿書、利息又ハ配當金ノ分配案ヲ檢査シ此事ニ關シ株主總會ニ報吿ヲ爲スコト
ii.　To examine the accounts, the inventory, the balance sheets, the business reports and the schemes for distribution of interest or dividends, and to report to the shareholders in general meeting thereon ;
第三　會社ノ爲メニ必要又ハ有益ト認ムルトキハ總會ヲ招集スルコト
iii.　To convene a general meeting whenever they consider such a measure necessary or expedient in the interests of the company.
第百九十三條　監査役ハ何時ニテモ會社ノ業務ノ實況ヲ尋問シ會社ノ帳簿及ヒ其他ノ書類ヲ展閱シ會社ノ金匣及ヒ其全財產ノ現況ヲ檢査スル權利アリ
193.　The inspectors are at all times entitled to investigate the course of business, to have access to the books and papers, and to examine the treasury of the company and the present condition of all its property.
第百九十四條　監査役中ニ於テ意見ノ分レタルトキハ其意見ヲ總會ニ提出ス
194.　Whenever a difference of opinion arises amongst the inspectors, such opinions are to be submitted to a general meeting.
第百九十五條　監査役ハ第百九十二條ニ揭ケタル責務ヲ缺キタルニ因リテ會社又ハ其債權者ニ加ヘタル損害ニ付キ責任ヲ負フ
195.　The inspectors are liable for any damage caused to the company, or the creditors thereof, by the violation of any of the duties imposed upon them by Article 192.
第百九十六條　取締役又ハ監査役カ給料又ハ其他ノ報酬ヲ受ク可キトキハ定款又ハ總會ノ決議ヲ以テ之ヲ定ム
196.　Where directors or inspectors draw salaries or other remuneration, such salaries or remuneration are to be fixed in the regulations, or by resolutions passed in general meeting.
第百九十七條　取締役又ハ監査役ハ何時ニテモ總會ノ決議ヲ以テ之ヲ解任スルコトヲ得其解任セラレタル者ハ會社ニ對シテ解任後ノ給料若クハ其他ノ報酬又ハ償金ヲ請求スルコトヲ得ス
197.　Directors and inspectors may at any time be dismissed from their office by a resolution passed in general meeting, without giving rise to any claims against the company for further salary, or other remuneration or indemnity.
第六款　株主總會
SUBSECTION 6. GENERAL MEETINGS OF SHAREHOLDERS.
第百九十八條　總會ハ取締役、監査役又ハ其他本法ニ依リテ招集ノ權ヲ有スル者之ヲ招集ス
198.　General meetings are convened by either the directors or the inspectors, or by any other persons, who under this Code are entitled to convene such meeting.
第百九十九條　總會ノ招集ハ會日ヨリ少ナクトモ十四日前ニ其會議ノ目的及ヒ事項ヲ示シ且定款ニ定メタル方法ニ從ヒテ之ヲ爲ス
199.　Every such meeting is to be convened in the manner prescribed in the regulations, and the purpose for which it is called and the matters to be considered thereat are to be notified at least fourteen days prior to the date of holding the same.
此規定ハ創業總會ノ招集ニモ亦之ヲ適用ス
This provision applies also to the convening of the first general meeting.
第二百條　通常總會ハ每年少ナクトモ一囘定款ニ定メタル時ニ於テ之ヲ開キ其總會ニ於テハ前事業年度ノ計算書、財產目錄、貸借對照表、事業報吿書、利息又ハ配當金ノ分配案ヲ株主ニ示シテ其決議ヲ爲ス
200.　The ordinary general meeting is to be held at least once a year at the time prescribed in the regulations. At such meeting the accounts, the inventory, the balance sheet, the business report, and the scheme for the distribution of interest or dividends for the preceding business year are laid before the shareholders, and resolutions with respect thereto passed.
取締役ノ提出スル書類ニ付テノ監査役ノ報吿書ハ其書類ト共ニ之ヲ提出ス
The report of the inspectors upon the writings submitted by the directors is to be laid before the meeting together with the writings themselves.
第二百一條　臨時總會ハ臨時ノ事項ヲ議スル爲メ何時ニテモ之ヲ招集スルコトヲ得又總株金ノ少ナクトモ五分一ニ當ル株主ヨリ會議ノ目的ヲ示シテ申立ツルトキハ亦臨時總會ヲ招集セサルコトヲ得ス
201.　An extraordinary general meeting may at any time be convened for the purpose of passing resolu tions on special matters. Such meeting must also be called upon a requisition of shareholders representing not less than one fifth of the total share capital, and specifying the object for which the meeting is required to be called.
第二百二條　總會ハ本法ニ於テ別段ノ規定アルトキノ外定款ノ定ニ從ヒテノミ決議ヲ爲スコトヲ得定款ニ其定ナキトキハ總株金ノ少ナクトモ四分一ニ當ル株主出席シ其議決權ノ過半數ニ依リテ決議ヲ爲ス
202.　Except where otherwise in this Code provided, a general meeting is empowered to pass resolutions only in conformity with the regulations of the company. In the absence of any regulation relating thereto, resolutions are to be passed by an absolute majority of votes of the shareholders present who represent not less than one fourth of the total share capital.
第二百三條　定款ノ變更及ヒ任意ノ解散ニ付テノ決議ヲ爲スニハ第百六十四條ニ定メタル決議ノ方法ニ依ル
203.　For passing a resolution for the purpose of altering the regulations, or for the purpose of voluntarily dissolving the company, the majority required is that prescribed by Article 164.
第百五十二條ノ規定ハ株式會社ニモ亦之ヲ適用ス
The provisions of Article 152 apply also to joint-stook companies.
第二百四條　株主ノ議決權ハ一株每ニ一箇タルヲ通例トス然レトモ十一株以上ヲ有スル株主ノ議決權ハ定款ヲ以テ其制限ヲ立ツルコトヲ得
204.　In general, one share entitles the holder thereof to one vote ; the regulations may, however, restrict the voting powers of members holding more shares than ten.
第七款　定款ノ變更
SUBSECTION 7. ALTERATION OF THE REGULATIONS OF A COMPANY.
第二百五條　會社ハ定款ニ定アルトキ又ハ總會ノ決議ニ依リテ定款ヲ變更スルコトヲ得然レトモ法律ノ規定又ハ政府ヨリ免許ニ附シタル條件ニ違背スルコトヲ得ス
205.　A company may alter its regulations where provision for such alteration has therein been made, or by resolution passed in general meeting, but not in a sense contrary to the provisions of law, or to the conditions of concession imposed by the Government.
第二百六條　會社資本ノ增加ハ株券ノ金額ヲ增シ又ハ新株券若クハ債券ヲ發行シテ之ヲ爲シ又其減少ハ株券ノ金領又ハ株數ヲ減シテ之ヲ爲スコトヲ得但資本ハ其全額ノ四分一未滿ニ減スルコトヲ得ス此債券ハ記名ノモノニシテ其金額ニ付テハ第百七十五條ノ規定ヲ適用ス
206.　A company may increase its capital by raising the amount of every share, or by the issue of new shares, or of bonds. A company may reduce its capital by lowering the amount of everY share, or reducing the number of shares ; but its capital may not be reduced to less than one fourth of the total amount thereof. Every bond is to bear the name of its holder ; with respect to its amount the provisions of Article 175 apply.
第二百七條　會社資本ヲ減セントスルトキハ會社ハ其減少ノ旨ヲ總テノ債權者ニ通知シ且異議アル者ハ三十日內ニ申出ツ可キ旨ヲ催吿スルコトヲ要ス
207.　Where a company proposes to reduce its capital, it must give notice of its intention to all its creditors and require them to present within thirty days any objection they may have to such reduction.
第二百八條　前條ニ揭ケタル期間ニ異議ノ申出アラサルトキハ異議ナキモノト看做ス
208.　Where no objection is raised within the term in the preceding Article mentioned, none is to be deemed to exist.
異議ノ申出アリタルトキハ會社ハ其債務ヲ辨償シ又ハ之ニ擔保ヲ供シテ異議ヲ取除キタル後ニ非サレハ資本ヲ減スルコトヲ得ス
Where objection is raised the company may only proceed with the reduction of its capital after it has removed the objection by satisfying, or giving guaranty for the claim.
第二百九條　資本ノ減少シタル部分ノ拂戾ヲ受ケタル株主ハ過愆ナキ不知ノ爲メ其減少ニ付キ異議ヲ申出テサル債權者ニ對シテ登記ノ日ヨリ二个年間其受ケタル拂戾ノ額ニ至ルマテ自己ニ責任ヲ負フ
209.　Where a creditor has, in consequence of his ignorance of the proposed reduction of capital, failed to notify his objection thereto, and such ignorance was in no way due to any fault of his own, those shareholders of the company, who have received repayment of their portion of the amount by which the capital was reduced, remain, for a period of two years from the date of registration of such reduction, personally liable to such creditor to the extent of the amount received.
第二百十條　會社ノ定款中既ニ登記ヲ受ケタル事項ヲ變更シタルトキハ直チニ其變更ノ登記ヲ受ク可シ登記前ニ在テハ其變更ノ効ヲ生セス
210.　Any alteration made in particulars of the regulations already registered is to be registered forthwith, and no such alteration can come into force until this has been effected.
營業所ヲ移轉スルトキハ舊所在地ニ於テ移轉ノ登記ヲ受ケ新所在地ニ於テハ新ニ設立スル會社ニ付キ要スル諸件ノ登記ヲ受ク可シ又同一ノ地域內ニ於テ移轉スルトキハ移轉ノミノ登記ヲ受ク可シ
In the event of alteration of the seat of business, the removal thereof is to be registered in the former place of its scat ; in the new place of its seat, every thing is to be registered that is required in the case of a newly formed company. Where the seat of business is removed to another part of the same district such removal only is to be registered.
第二百十一條　會社定款ノ變更ノ登記ヲ受ケタルトキハ地方長官ヲ經由シテ主務省ニ其變更ヲ屆出ツルコトヲ要ス
211.　Upon the registration of any alteration in the regulations of a company, such alteration must be notified to the proper Department of State through the Governor.
第八款　株金ノ拂込
SUBSECTION 8. PAYMENT OF CALLS.
第二百十二條　株金拂込ノ期節及ヒ方法ハ定款ニ於テ之ヲ定ム其拂込ヲ催吿スルニハ拂込ノ日ヨリ少ナクトモ十四日前ニ各株主ニ通知スルコトヲ要ス其通知ニハ拂込ヲ爲ササル爲メ株主ノ被フル可キ損失ヲ併示ス
212.　The time and manner of payment of calls is to be determined in the regulations. Fourteen days notice, at the least, of each call must be given to every shareholder with an intimation of detrimental consequences attending non-payment.
第二百十三條　拂込期節ヲ怠リタル株主ハ年百分ノ七ノ遲延利息及ヒ其遲延ノ爲メニ生シタル費用ヲ支拂フ義務アリ
213.　If any shareholder fails to observe the time appinted for payment, he is liable for payment to the company of moratory interest at the rate of seven per cent per annum, and of the expenses caused by such failure.
第二百十四條　拂込ヲ怠リタル株主カ更ニ少ナクトモ十四日ノ期間ニ於テ拂込ム可キ催吿ヲ會社ヨリ受ケ仍ホ拂込ヲ爲ササルトキハ會社ハ其株主ニ對シテ株券ノ所有權ヲ失ヒタリト宣言スルコトヲ得然ルトキハ其株券ハ會社ノ所有ト爲ル
214.　Where the defaulting shareholder fails to comply with a second call from the company to pay, within a newly fixed period of not less than fourteen days, his share may be declared forfeited by the company, and becomes its property.
第二百十五條　所有權ヲ失ヒタリト宣言セラレタル株券ノ從前ノ所有者ハ會社ニ於テ其株券ヲ公賣スルモ其代金既ニ催吿ヲ受ケタル拂込金額ニ滿タサルトキハ其不足金及ヒ第二百十三條ニ記載シタル利息竝ニ費用ノ支拂ニ付キ仍ホ責任ヲ負フ但剩餘アルトキハ會社ハ之ヲ從前ノ所有者ニ還付ス
215.　The former owner of a share which has been declared forfeited remains, in the event of such share being publicly sold by the company and the amount realized not sufficing to cover the amount of the call ineffectually made, liable for payment of the difference and of interest and expenses a§ in Article 213 mentioned. Where, on the other hand, there is a surplus, it is to be returned by the company to the former owner.
會社ハ其定款ヲ以テ別ニ違約金ヲ拂フ可キコトヲ定ムルコトヲ得
A special penalty may be fixed by the company in its regulations.
第九款　會社ノ義務
SUBSECTION 9. DUTIES OF A COMPANY.
第二百十六條　會社ハ株金ノ全部又ハ一分ヲ株主ニ拂戾スコトヲ得ス
216.　A company may not repay to any shareholder the amount of his share, or any portion thereof.
若シ拂戾シタルトキハ其金額ハ會社又ハ其債權者直接ニ之ヲ取戾サント求ムルコトヲ得
Any amount so repaid may he reclaimed by the company, or directly by its creditors.
第二百十七條　會社ハ自己ノ株券ヲ取得シ又ハ之ヲ質ニ取ルコトヲ得ス所有權ヲ失ヒタリト宣言セラレタル株券又ハ債務ノ辨償ノ爲メ若クハ其他ノ事由ニ因リテ會社ニ交付セラレ若クハ移屬シタル株券ハ一个月內ニ於テ公ニ之ヲ賣リ其代金ヲ會社ニ收ム
217.　A company may not acquire its own shares, or take them in pledge. Shares declared to be forfeited, or which have been assigned to or have devolved on the company in satisfaction of a debt or otherwise are, within one month, to be publicly sold, and the amount realized deposited in the treasury of the company.
第二百十八條　會社ハ每年少ナクトモ一囘計算ヲ閉鎖シ計算書、財產目錄、貸借對照表、事業報吿書、利息又ハ配當金ノ分配案ヲ作リ監査役ノ檢査ヲ受ケ總會ノ認定ヲ得タル後其財產目錄及ヒ貸借對照表ヲ公吿ス其公吿ニハ取締役及ヒ監査役ノ氏名ヲ載スルコトヲ要ス
218.　Every company is bound once at least in the year to close its accounts, and to prepare a statement of account, inventory, balance sheet, business report, and scheme for the distribution of interest or dividends. When the above have been examined by the inspectors, and approved by the shareholders in general meeting, the inventory and balance sheet must be published, with the names of the directors and the inspectors attached.
第二百十九條　利息又ハ配當金ハ損失ニ因リテ減シタル資本ヲ塡補シ及ヒ規定ノ準備金ヲ扣取シタル後ニ非サレハ之ヲ分配スルコトヲ得ス
219.　No interest or dividend may be paid to the shareholders of a company, until any reduction of its capital caused by losses has been made good, and the prescribed amount appropriated to the reserve fund.
準備金カ資本ノ四分一ニ達スルマテハ每年ノ利益ノ少ナクトモ二十分一ヲ準備金トシテ積置クコトヲ要ス
Until the reserve fund amounts to one fourth of the capital of the company, the sum to be appropriated to such fund must be at least five per cent of the annual profits.
第二百二十條　前二條ノ成規ニ依ラスシテ拂出シタル利息又ハ配當金ハ會社又ハ其債權者直接ニ之ヲ取戾サント求ムルコトヲ得
220.　Interest or dividends paid in contravention of the provisions of the two preceding Articles can be reclaimed by the company, or directly by its creditors.
第二百二十一條　利息又ハ配當金ノ分配ハ各株ニ付キ拂込ミタル金額ニ應シ總株主ノ間ニ平等ニ之ヲ爲ス
221.　Interest or dividends are equally distributed amongst all the shareholders according to the amount paid up on their shares.
第二百二十二條　會社ハ其本店及ヒ各支店ニ株主名簿、目論見書、定款、設立免許書、總會ノ決議書、每事業年度ノ計算書、財產目錄、貸借對照表事業報吿書、利息又ハ配當金ノ分配案及ヒ抵當若クハ不動產質ノ債權者ノ名簿ヲ備置キ通常ノ取引時間中何人ニモ其求ニ應シ展閱ヲ許ス義務アリ
222.　Every company is bound to keep at its head office as well as at each branch office a list of its shareholders, and its prospectus, regulations, charter, resolutions passed in general meeting, statements of accounts of each business year, inventories, balance sheets, business reports, schemes for the distribution of dividends or interest and a list of its mortgage creditors and creditors having a pledge of immovables, and is on demand to allow any person to inspect such documents during ordinary business hours.
第二百二十三條　諸帳簿檢正ノ爲メ事業年度每ニ一囘一个月ヲ超エサル期間前條ニ定メタル展閱ヲ停止スルコトヲ得
223.　The inspection of the documents mentioned in the preceding Article may be suspended once in every business year for a period not exceeding one month to enable the books to be verified.
第十款　會社ノ檢査
SUBSECTION 10. INVESTIGATION OF AFFAIRS.
第二百二十四條　總株金ノ少ナクトモ五分一ニ當ル株主ノ申立ニ因リテ會社營業所ノ裁判所ハ一人又ハ數人ノ官吏ニ會社ノ業務ノ實況及ヒ財產ノ現況ノ檢査ヲ命スルコトヲ得
224.　Upon the application of shareholders representing not less than one fifth of the share capital of the company, the Court of the place where the seat of business of the company is situated may charge one or more officials with the investigation of the course of business of the company and the present condition of its property.
第二百二十五條　檢査官吏ハ會社ノ金匣、財產現在高、帳簿及ヒ總テノ書類ヲ檢査シ取締役及ヒ其他ノ役員ニ說明ヲ求ムル權利アリ
225.　The investigating officials so appointed have the right to examine into the state of the treasury and assets and to examine the books and all the papers of the company, and to require the directors and other officers to give information.
第二百二十六條　檢査官吏ハ檢査ノ顚末及ヒ其面前ニ於テ爲シタル供述ヲ調書ニ記載シ之ヲ授命ノ裁判所ニ差出スコトヲ要ス
226.　The investigating officials must draw up a protocol recording their investigations and the statements made before them, and must hand in the same to the Court by which they are appointed.
調書ノ謄本ハ裁判所ヨリ之ヲ會社ニ付與シ又株主及ヒ其他ノ者ヨリ手數料ヲ納ムルトキハ其求ニ應シテ之ヲ付與ス
Copies thereof are to be delivered by the Court to the company, and also, on demand and payment of a fee, to shareholders and other persons.
第二百二十七條　主務省ハ何時ニテモ其職權ヲ以テ地方長官又ハ其他ノ官吏ニ命シテ第二百二十四條ニ揭ケタル檢査ヲ爲サシムルコトヲ得
227.　The proper Department of State has at all times the right of its own motion to cause the investigation in Article 224 specified to be made by the Governor or some other official.
第十一款　取締役及ヒ監査役ニ對スル訴訟
SUBSECTION 11. PROCEEDINGS AGAINST DIRECTORS AND INSPECTORS.
第二百二十八條　總會ハ監査役又ハ特ニ選定シタル代人ヲ以テ取締役又ハ監査役ニ對シテ訴訟ヲ爲スコトヲ得
228.　A general meeting may, through the inspectors or through attorneys for the purpose specially appointed, carry on legal proceedings against the directors, or through such attorneys against the inspectors.
第二百二十九條　會社資本ノ少ナクトモ二十分一ニ當ル株主ハ亦特ニ選定シタル代人ヲ以テ取締役又ハ監査役ニ對シテ訴訟ヲ爲スコトヲ得但各株主ノ自己ノ名ヲ用井又ハ參加人ト爲リ裁判所ニ於テ其權利ヲ保衞スル權ヲ妨ケス
229.　So also shareholders representing not less than one twentieth of the capital of a company may, through attorneys specially appointed by them for the purpose carry on legal proceedings against the directors or inspectors, without prejudice to the right of every individual shareholder to appear before the Court in his own name or as intervener in order to protect his rights.
第十二款　會社ノ解散
SUBSECTION 12. DISSOLUTION OF COMPANIES.
第二百三十條　會社ハ左ノ諸件ニ因リテ解散ス
230.　A company is dissolved :--
第一　定款ニ定メタル場合
i.　In the cases provided for in the regulations ;
第二　株主ノ任意ノ解散
ii.　Whenever the shareholders voluntarily dissolve it ;
第三　株主ノ七人未滿ニ減シタルコト
iii.　Whenever the number of shareholders is reduced to less than seven ;
第四　資本ノ四分一未滿ニ減シタルコト
iv.　Whenever the capital of the company is reduced to less than one fourth, ;
第五　會社ノ破產
v.　By the company becoming bankrupt ;
第六　裁判所ノ命令
vi.　By order of the Court.
第二百三十一條　會社解散ノ場合ニ於テハ既ニ始メタル取引ヲ完結シ又ハ現ニ存在スル會社義務ヲ履行スル外其業務ヲ止ム取締役之ニ拘ハラスシテ營業ヲ續行スルトキハ此カ爲メ其全財產ヲ以テ自己ニ責任ヲ負フ
231.　Upon the dissolution of a company it is to cease to carry on its business, except in so far as may be required for the completion of transactions already commenced, or the fulfilment of existing obligation. Where, notwithstanding, the directors continue to carry on its business, they are personally liable in respect thereof to the full extent of their property.
第二百三十二條　會社解散ノ場合ニ於テハ取締役ハ總會ヲ招集シ解散ノ決議ヲ取ル但裁判所ノ命令ニ依リテ解散スル場合ハ此限ニ在ラス
232.　Upon the dissolution of a company the directors are to convene a general meeting in which, excepting in the case of dissolution by order of the Court, a resolution declaring the company dissolved is to be passed.
其總會ニ於テハ破產ノ場合ヲ除ク外一人又ハ數人ノ淸算人ヲ選定ス
At such meeting, excepting in the case of dissolution by bankruptcy, one or more liquidators are to be appointed.
第二百三十三條　前條ニ揭ケタル解散ノ決議又ハ淸算人ノ選定ヲ爲ササルトキハ裁判所ハ債權者若クハ株主ノ申立ニ因リ又ハ職權ニ依リ其命令ヲ以テ決議ニ換ヘ又ハ淸算人ヲ任スルコトヲ得
233.　If no resolution is passed declaring the company dissolved or no liquidators are appointed, as in the preceding Article mentioned, the Court may, upon the application of the creditors or shareholders, or of its own motion, make an order supplying the place of such resolution and can appoint liquidators.
第二百三十四條　會社ハ破產ノ場合ヲ除ク外決議後七日內ニ解散ノ原由、年月日及ヒ淸算人ノ氏名、住所ノ登記ヲ受ケ之ヲ裁判所ニ屆出テ又何レノ場合ニ於テモ之ヲ各株主ニ通知シ且地方長官ヲ經由シテ主務省ニ屆出ツルコトヲ要ス
234.　Excepting in the case of bankruptcy, the company must within seven days of the resolution being passed notify for registration the cause of dissolution and the date thereof, and the names and domiciles of the liquidators, and must communicate the same to the Court ; it must in all cases make such communication to the shareholders. The above particulars must also be notified by the company through the Governor to the proper Department of State.
第二百三十五條　裁判所ハ解散及ヒ淸算ノ實況ヲ監視スル權アリ
235.　The Court is empowered to supervise the course of dissolution and liquidation.
第二百三十六條　登記ヲ受クルト共ニ取締役ノ代理權ハ淸算人ニ移ル然レトモ取締役ハ淸算人ノ求ニ應シ淸算事務ヲ補助スル義務アリ
236.　Upon registration the powers of the directors to represent the company pass to the liquidators. The directors are, nevertheless, bound at the request of the liquidators to assist them in the work of liquidation
第二百三十七條　登記後ニ爲シタル株式ノ讓渡及ヒ淸算ノ目的ノ爲メニセサル財產ノ處分ハ總テ無効タリ但特別ノ理由アリテ裁判所ノ許可ヲ得タルトキハ此限ニ在ラス
237.　After registration every disposition of property of the company, otherwise than for the purposes of liquidation, and all transfers of its shares are void, unless sanctioned by the Court for special reasons.
第二百三十八條　取締役カ總會ノ招集又ハ登記ノ屆出ヲ爲ササリシトキハ此カ爲メ會社又ハ第三者ニ生セシメタル損害ニ付キ其全財產ヲ以テ自己ニ責任ヲ負フ
238.　Directors, failing to convene the general meeting or to notify for entry in the register, are personally liable to the full extent of their property for any damage caused to the company or third persons by such failure.
第二百三十九條　解散及ヒ淸算ノ費用ハ現在ノ會社財產中ヨリ最モ先ニ之ヲ支拂フモノトス
239.　The expenses of dissolution and liquidation are to be paid out of the property of the company in priority to all other claims.
第十三款　會社ノ淸算
SUBSECTION 13. LIQUIDATION OF COMPANIES.
第二百四十條　淸算人ノ職分ニ付テハ第百三十條及ヒ第百三十一條ヲ適用ス
240.　With respect to the duties of liquidators of a company, Articles 130 and 131 apply.
第二百四十一條　淸算人ノ職分ノ踐行ニ付テハ總會ヨリ又ハ株主若クハ債權者ノ申立ニ因リテ裁判所ヨリ淸算人ニ訓示ヲ與フルコトヲ得淸算人ハ其訓示及ヒ法律ノ規定ヲ遵守スル責任ヲ負フ
241.　Instructions may be given to the liquidators with regard to the performance of their duties by the company in general meeting, or by the Court on the application of shareholders or creditors, and the liquidators are responsible for the due observance of such instructions and compliance with the provisions prescribed by law.
第二百四十二條　會社ノ債權者ノ相當ノ理由ヲ以テ爲シタル申立ニ因リ總會又ハ時宜ニ從ヒテ裁判所ハ債權者ノ利益護視ノ爲メ一人又ハ數人ノ代人ヲシテ淸算ヲ監査シ又ハ淸算人ニ參加セシムルコトヲ得
242.　A company in general meeting, or, if necessary the Court, upon the application of the creditors made for good and sufficient reasons, may cause one or more representatives of the creditors, for the purpose of guarding the interests of the creditors, to superintend the work of liquidation or to be associated with the liquidators.
第二百四十三條　淸算人ハ其選定ノ日ヨリ六十日內ニ會社帳簿ニ依リテ其財產ノ現況ヲ取調ヘ少ナクトモ三囘ノ公吿ヲ以テ債務者ニハ其債務ノ辨濟期限ニ至リタル時直チニ之ヲ辨濟ス可ク又債權者ニハ或ル期間ニ其債權ヲ申出ツ可キ旨ヲ催吿スルコトヲ要ス但其期間ハ六十日ヲ下ルコトヲ得ス
243.　The liquidators must, within sixty days from the date of their appointment, ascertain the present condition of the property of the company from its books, and must issue on not less than three occasions a public notice calling on the debtors of the company to discharge their liabilities directly they fall due, and requiring the creditors to notify their rights of claim within a fixed period, which may in no case be less than sixty days.
其公吿ニハ債權者期間ニ申出ヲ爲ササルトキハ其債權ヲ淸算ヨリ除斥セラルル旨ヲ附記ス然レトモ淸算人ハ期間ニ申出テサル債權者ト雖モ其知レタル者ヲ淸算ヨリ除斥スルコトヲ得ス
Such public notice is to state that rights of claim of creditors who have failed to notify the same before expiration of the prescribed period will be excluded from the liquidation ; but the liquidators are not entitled to exclude any known creditors who may have failed to notify their rights of claim within the prescribed period.
第二百四十四條　淸算人ハ其期間滿了前ニ於テハ債權者ニ支拂ヲ爲シ始ムルコトヲ得ス
244.　The liquidators are not entitled to make any payment to creditors before the expiration of such period.
第二百四十五條　期間後ニ申出テタル債權者ハ會社ノ債務ヲ濟了シタル後未タ株主ニ分配セサル會社財產ノミニ對シテ其辨償ノ請求ヲ爲スコトヲ得
245.　Creditors, notifying their rights of claim after the expiration of the prescribed period, are entitled to be paid out of the assets in so far only as they remain undistributed amongst the shareholders after all the other obligations of the company have been discharged.
第二百四十六條　淸算人ハ淸算ノ爲メ株主ヲシテ其未タ全額ヲ拂込マサル株券ニ付キ拂込ヲ爲サシムル權利アリ
246.　The liquidators are, for the purposes of liquidation, empowered to make calls on the shareholders in respect of such shares as are not fully paid up.
第二百四十七條　淸算人ハ必要又ハ有益ト認ムルトキハ何時ニテモ總會ヲ招集スルコトヲ得又淸算人ハ定款又ハ總會ノ決議ヲ以テ定メタルトキ又ハ總株金ノ少ナクトモ五分一ニ當ル株主ヨリ申立ツルトキハ總會ヲ招集スル義務アリ
247.　The liquidators may convene a general meeting whenever they deem such measure necessary or expedient. They are bound to convene a general meeting where the regulations of the company, or a resolution passed in general meeting, provide therefor, or where it is applied for by shareholders representing at least one fifth of the share capital.
第二百四十八條　淸算人ハ委任事務ヲ履行シタル後總會ニ計算書ヲ差出シテ其認定ヲ求ム
248.　Upon the completion of the work with which they have been charged, the liquidators are to submit their accounts to a general meeting of the company for its approval.
第二百四十九條　淸算人ハ前條ニ揭ケタル認定ヲ得タルトキハ會社ノ債務ヲ濟了シタル殘餘ノ財產ヲ各株主ニ其所有株數ニ應シ金錢ヲ以テ平等ニ分配ス此分配ハ總債權者ニ辨償シタル時ヨリ三个月ノ滿了ノ後ニ非サレハ之ヲ爲スコトヲ得ス
249.　Upon obtaining the approval in the preceding Article mentioned the liquidators, after discharging the obligations of the company, are to proceed to distribute in money the remaining property equally amongst the shareholders according to the number of shares held by them. No such distribution is to take place until after the expiration of three months from the time of all the creditors being satisfied.
株主ハ總會ニ於テ金錢ニ非サル物ヲ以テ分配ス可キ決議ヲ爲シタルトキト雖モ之ヲ受取ル義務ナシ
No shareholder is bound, notwithstanding any resolution passed in general meeting to the contrary, to accept anything other than money in respect of his share.
第二百五十條　淸算ノ終リタル後淸算人ハ總計算書及ヒ一般ノ事務報吿書ヲ總會ニ差出シテ卸任ヲ求ム若シ總會ニ於テ卸任ヲ許ササルトキハ裁判所ハ淸算人ノ申立ニ因リ其命令ヲ以テ之ヲ許スト否トヲ定ム但其命令ニ對シテ卽時抗吿ヲ爲スコトヲ得
250.　When the liquidation has been completed, the liquidators are to lay before a general meeting of the company a general account and a general report of their work, and are to ask for their discharge. In the event of the general meeting failing to grant the discharge, the Court upon the application of the liquidators may make an order granting or refusing the same. Against such order immediate complaint may be raised.
第二百五十一條　淸算人ハ其行爲ニ付キ總會ノミニ對シテ責任ヲ負フ然レトモ其行爲ニ因リ或ル株主ノ一己ノ權利ヲ害シタルトキハ其株主ハ淸算人ニ對シテ其權利ノ承認及ヒ損害ノ賠償ヲ求ムルコトヲ得
251.　The liquidators are accountable for their acts to the general meeting alone ; in respect of acts, however, by which the rights of individual shareholders are injured, they may be proceeded against by such shareholders for the recognition of their rights and for damages.
第二百五十二條　淸算人ハ卸任ヲ得タル後商業登記簿ニ淸算結了ノ登記ヲ受ケ且之ヲ公吿ス其公吿ニハ淸算ニ付キ生シタル會社ニ對スル請求アレハ之ヲ三个月ノ期間ニ主張ス可キ旨ノ催吿ヲ附ス其請求アリタルトキハ淸算人ニ於テ之ヲ辨了ス
252.　When the liquidators have been discharged, they are to cause the fact of the conclusion of the liquidation to be entered in the Commercial Register and publicly notified with a notice calling on any persons having claims against the company, arising out of the liquidation thereof, to assert the same within a period of three months, such claims when raised are to be settled by the liquidators.
第二百五十三條　淸算中ニ現在ノ會社財產ヲ以テ會社ノ總債權者ニ完濟シ能ハサルコトノ分明ナルニ至リタルトキハ淸算人ハ破產手續ノ開始ヲ爲シテ其旨ヲ公吿シ且會社ノ取引先ニ通知ス
253.　Where, during the liquidation of a company, it becomes evident that the available property of the company is insufficient to satisfy in full the claims of all the creditors of the company, the liquidators are to cause proceedings in bankruptcy to be instituted, and are to publicly advertise the fact and advise all having business relations with the company thereof.
此場合ニ於テ既ニ債權者又ハ株主ニ支拂ヒタルモノ有ルトキハ之ヲ取戾スコトヲ得淸算人カ貸方借方ノ此ノ如キ關係ナルコトヲ知リテ爲シタル支拂ニシテ其受取人ヨリ取戾シ得サルモノニ付テハ債權者ニ對シテ其責任ヲ負フ
In such case whatever has been already paid to the creditors or shareholders may be recovered from them. The liquidators are responsible to the creditors of the company for all non-recoverable payments made by them after ascertaining such relative position of assets to liabilities.
第二百五十四條　總會ノ決議ニ依リテ會社ノ帳簿及ヒ其他ノ書類ノ貯藏ヲ委任セラレタル者ノ氏名、住所ハ淸算人ヨリ之ヲ裁判所ニ屆出ツ可シ此屆出前ニ在テハ淸算人其貯藏ノ責任ヲ負フ
254.　The names and domiciles of the persons, to whose custody the books and papers of the company have by resolution passed in general meeting been committed, are to be notified to the Court by the liquidators. Until such notice has been given the liquidators are responsible for the safe keeping of such books and papers.
第二百五十五條　淸算ノ結果卽チ左ノ事項ハ淸算人ヨリ裁判所ニ屆出テ且之ヲ公吿ス可シ
255.　The liquidators are to notify to the Court and advertise the final result of the liquidation, namely:--
第一　支拂又ハ示談ニ因リテ總債權者ニ辨償ヲ爲シタルコト
i.　The satisfaction of the claims of all the creditors by payment or arrangement ;
第二　會社ノ殘餘財產ヲ株主ニ分配シタルコト及ヒ其分配ノ金額
ii.　The distribution of the remaining assets of the company among the shareholders, and the amount thereof ;
第三　淸算費用ヲ辨濟シ及ヒ淸算ニ付キ生シタル請求ヲ辨了シタルコト
iii.　The payment of the expenses of liquidation and the settlement of the claims arising out of the liquidation ;
第四　總會ヨリ又ハ裁判所ノ命令ニ因リテ卸任ヲ得タルコト
iv.　The granting of the discharge by the general meeting or by order of the Court ;
第五　會社ノ帳簿及ヒ書類ノ貯藏ニ關スル處置ヲ爲シタルコト
v.　The measures taken for the safe custody of the books and papers of the company ;
第六　會社ノ株券又ハ債券ノ其効力ヲ失ヒタルコト
vi.　The fact that the certificates of shares and the bonds of the company are no longer valid.
其淸算ノ結果ハ亦淸算人ヨリ地方長官ヲ經由シテ主務省ニ屆出ツルコトヲ要ス
The liquidators must also through the Governor notify the final results of the liquidation to the proper Department of State.
第四節　罰則
SECTION IV. PENAL PROVISIONS.
第二百五十六條　業務擔當ノ任アル社員又ハ取締役ハ左ノ場合ニ於テハ五圓以上五十圓以下ノ過料ニ處セラル
256.　Partners entitled to management and directors are liable to a fine of not less than 5 yen and not exceeding 50 yen in the following cases :--
第一　本章ニ定メタル登記ヲ受クルコトヲ怠リタルトキ
i.　If they fail to effect in the Commercial Register any entry in this Chapter prescribed ;
第二　登記前ニ開業シタルトキ
ii.　If they commence business operations before registration.
第二百五十七條　株式會社ノ取締役ハ左ノ場合ニ於テハ五圓以上五十圓以下ノ過料ニ處セラル
257.　Directors of joint-stock companies are liable to a fine of not less than 5 yen and not exceeding 50 yen in the following cases :--
第一　株主名簿ヲ備ヘス又ハ之ニ不正ノ記載ヲ爲シタルトキ
i.　If they fail to keep a list of shareholders, or keep the same incorrectly ;
第二　會社解散ノ場合ニ於テ總會ノ招集又ハ株主ヘノ通知ヲ怠リタルトキ
ii.　If, in the event of dissolution of the company, they fail to convene a general meeting, or fail to communicate the fact of dissolution to the shareholders.
第二百五十八條　株式會社ノ取締役ハ左ノ場合ニ於テハ二十圓以上二百圓以下ノ過料ニ處セラル
258.　Directors of joint-stock companies are liable to a fine of not less than 20 yen and not exceeding 200 yen in the following cases:--
第一　第二百十六條ノ規定ニ反シ株金ノ全部又ハ一分ヲ拂戾シタルトキ
i.　If they repay the amount of a share in whole or in part in contravention of the provisions of Article 216 ;
第二　第二百十七條ノ規定ニ反シ會社ノ爲メ其株券ヲ取得シ又ハ質ニ取リ又ハ公賣セサルトキ
ii.　If, in contravention of the provisions of Article 217, they acquire for the company its own shares, take them in pledge, or fail to sell them publicly:
第三　第二百十八條又ハ第二百十九條ノ規定ニ反シ利息又ハ配當金ヲ株主ニ拂渡シタルトキ
iii.　If they pay interest or dividends to shareholders in contravention of the provisions of Articles 218 and 219 ;
第四　第二百二十五條ノ場合ニ於テ會社ノ金匣、財產現在高、帳簿及ヒ總テノ書類ノ檢査ヲ妨ケ又ハ求メラレタル說明ヲ拒ミタルトキ
iv.　If, in the case of Article 225, they obstruct the examination of the state of the treasury and assets of the company, of its books and all its papers, or refuse to give the information required.
合資會社ノ業務擔當ノ任アル社員又ハ取締役カ第百五十三條ノ規定ニ反シ利息又ハ配當金ヲ社員ニ拂渡シタルトキハ亦本條ニ定メタル罰則ヲ之ニ適用ス
The penalty in this Article prescribed applies also to partners entitled to management and to directors of a limited partnership, if they pay interest or dividends to partners in contravention of the provisions of Article 153.
第二百五十九條　株式會社ノ淸算人ハ左ノ場合ニ於テハ十圓以上百圓以下ノ過料ニ處セラル
259.　The liquidators of joint-stock companies are liable to a fine of not less than 10 yen and not exceeding 100 yen in the following cases:--
第一　第二百四十三條ニ定メタル公吿ヲ爲スコトヲ怠リタルトキ
i.　If they fail to issue the advertisement in Article 243 prescribed ;
第二　第二百五十三條ノ規定ニ反シ破產手續ノ開始ヲ爲スコトヲ怠リタルトキ
ii.　If, in contravention of the provisions of Article 253, they fail to cause proceedings in bankruptcy to be instituted.
第二百六十條　株式會社ノ淸算人ハ左ノ場合ニ於テハ二十圓以上二百圓以下ノ過料ニ處セラル
260.　Liquidators of joint-stock companies are liable to a fine of not less than 20 yen and not exceeding 200 yen in the following cases :--
第一　第二百四十四條ノ規定ニ反シ債權者ニ支拂ヲ爲シ始メタルトキ
i.　If they make any payment to creditors in contravention of the provisions of Article 244 ;
第二　第二百四十九條ノ規定ニ反シ株主ニ分配ヲ爲シタルトキ
ii.　If they distribute assets amongst the shareholders in contravention of the provisions of Article 249.
第二百六十一條　前數條ニ揭ケタル過料ハ裁判所ノ命令ヲ以テ之ヲ科ス但其命令ニ對シテ卽時抗吿ヲ爲スコトヲ得
261.　The fines prescribed in the preceding Articles are imposed by order of the Court. Against such order immediate complaint may be raised.
過料ノ辨納ニ付テハ業務擔當ノ任アル社員、取締役又ハ淸算人連帶シテ其責任ヲ負フ
Partners entitled to management, directors, or liquidators are jointly and severally liable for the payment of such fines.
第二百六十二條　業務擔當ノ任アル社員、取締役、監査役又ハ淸算人ハ左ノ場合ニ於テハ五十圓以上五百圓以下ノ罰金ニ處セラレ情重キトキハ罰金ニ併セ一年以下ノ重禁錮ニ處セラル
262.　Partners entitled to management, directors, inspectors or liquidators are in the following cases, liable to a penalty of not less than 50 yen and not exceeding 500 yen, and in cases of an aggravated character are in addition liable to be punished with major imprisonment for a period not exceeding one year:--
第一　官廳又ハ總會ニ對シ書面若クハ口頭ヲ以テ會社ノ財產ノ現況若クハ業務ノ實況ニ付キ故意ニ不實ノ申立ヲ爲シ又ハ不正ノ意ヲ以テ其現況若クハ實況ヲ隱蔽シタルトキ
i.　If they knowingly make, orally or in writing, to the authorities or to a general meeting any false statement concerning the present condition of the property or the course of business of the partnership or company or, with dishonest intent conceal such condition or course of business ;
第二　公吿ノ中ニ詐僞ノ陳述ヲ爲シ又ハ事實ヲ隱蔽シタルトキ
ii.　If in any notice or advertisement they make any false statement, or conceal the true facts of the case.
前ニ揭ケタル者ノ外會社ノ他ノ役員及ヒ使用人カ之ト共ニ犯シタルトキハ亦右ノ罰ニ處セラル
Officers and assistants of a partnership or company, other than those aforementioned, who are concerned with them in the commission of the said offences are also liable to the said punishment.
第二百六十三條　發起人カ株式申込ニ付キ詐僞ノ記載ヲ爲シタルトキハ二十圓以上二百圓以下ノ罰金ニ處セラル
263.　Promoters making false statements concerning the subscriptions for shares are liable to a penalty of not less than 20 yen and not exceeding 200 yen.
第二百六十四條　前二條ニ揭ケタル罰ニ處スルニハ刑事裁判上ノ手續ヲ以テス
264.　The penalties prescribed in the two preceding Articles are to be inflicted by way of criminal procedure.
第五節　共算商業組合
SECTION V. JOINT TRADE ASSOCIATIONS (KIOSANSHOGIOKUMIAI).
第二百六十五條　共算商業組合ノ契約ハ會社ニ關スル本法ノ規定ニ從フコトヲ要セス其契納ニ因リテ商事會社及ヒ會社財產ハ成立セス
265.　Contracts relating to joint trade are not subject to the provisions of this Code respecting partnerships and companies. No partnership or company and no partnership or company property can be created by virtue of any such contract.
第二百六十六條　二人以上共通ノ計算ヲ以テ一時ノ商取引又ハ作業ヲ爲スヲ當座組合トシ契約實行ノ爲メ其一二ノ組合員若クハ總組合員ニ於テ又ハ共同代理人ヲ以テ爲シタル行爲ニ付テハ第三者ニ對シテ各組合員直接ニ連帶ノ權利義務ヲ有ス
266.　Where two or more persons engage in individual commercial transactions or undertakings on joint account, there exists a temporary association (Tozakumiai), and each participant is with regard to third persons directly and jointly and severally entitled and bound by any acts done for the purpose of carrying out the contract by one or more of the participants or by all of them combined, or by their common agent.
第二百六十七條　二人以上各自別箇ニ一時ノ商取引若クハ作業ヲ爲シ又ハ商業ヲ營ムト雖モ此ニ因リテ生スル損益ヲ共分スルコトヲ契約シタルモノヲ共分組合トシ各組合員亦前條ニ揭ケタルト同シキ連帶ノ權利義務ヲ有ス然レトモ他ノ組合員ノ爲シタル行爲ヨリ生スル請求ニ對シテハ先訴ハ抗辯ヲ爲ス權利アリ
267.　Where two or more persons are separately engaged in individual commercial transactions or undertakings, or in commercial businesses, but have agreed to participate in the profits and losses arising therefrom, there exists a profit and loss association (Kiobunkumiai) and each participant is jointly and severally entitled and bound as in the preceding Article provided ; he is, nevertheless, entitled, upon a claim arising from the acts of other participants being made against him, to plead the prior remedy of the plaintiff against such other participants.
第二百六十八條　或人カ損益共分ノ契約ヲ以テ他人ノ營ム商業ニ出資ヲ供シテ之ヲ其者ノ所有ニ移シ商號ニ自己ヲ表示スル名稱ヲ顯ハサス又業務施行ニ與カラサルモノヲ匿名組合トシ其營業者ノ行爲ニ付キ第三者ニ對シ出資未濟ノ場合ニ於テ其出資ノ額ニ滿ツルマテヲ限リ義務ヲ負フ
268.　Where a person participates in the commercial business of another by contributing property thereto on the understanding that he is to share, in return for such transfer of ownership, the profits and losses without his name appearing in the firm name and without taking any part in the conduct of business, there exists a dormant association (Tokumeikumiai), and he is, with regard to third persons, liable in respect of the acts of the active member to the extent only of so much of his contribution as is not paid up.
代務人又ハ商業使用人ト爲リテ用務ヲ辨スルハ業務施行ニ與カルモノト看做サス
No rendering of services in the capacity of trade procurator or trade assistant is to be regarded as participation in the conduct of the business.
第二百六十九條　匿名組合ノ損益共分ノ割合ハ明約アルニ非サレハ營業資本總額ニ對スル出資額ノ比例ヲ以テ之ヲ量定ス
269.　In the absence of any express stipulation with regard to the share of such contributor in the profits and losses of a dormant association, such share is to be calculated according to the proportion borne by his contribution to the total capital of the business.
第二百七十條　利益ハ損失ニ因リテ減シタル出資ヲ塡補シタル後ニ非サレハ之ヲ分配スルコトヲ得ス然レトモ匿名員ハ受取期限ニ至リテ未タ受取ラサル利益又ハ既ニ受取リタル利益ヲ以テ其後ニ生シタル損失ヲ補充スル義務ナシ
270.　No profits are divisible until provision has been made for any reduction of the contribution resulting from losses. A dormant associate is, nevertheless, not bound to make good with profits due but not received, or with profits already received, any deficiency in his contribution incurred by subsequent losses.
第二百七十一條　匿名組合ノ契約ハ其契約ニ於テ時期ヲ定メサリシトキハ六个月前ノ豫吿ヲ以テ之ヲ解除スルコトヲ得又其契約ハ營業者ノ破產若クハ死亡又ハ其營業ノ廢止ヲ以テ終ル
271.　A contract of dormant association, if no fixed duration is therein agreed upon, can be cancelled by a six months notice ; it is also terminated by the bankruptcy or decease of the active member or by the discontinuance of the business.
第二百七十二條　契約解除ノ場合ニ於テハ匿名員ノ負擔ニ歸ス可キ損失及ヒ債務ヲ引去リタル後其出資額ヲ之ニ拂戾スコトヲ要ス
272.　Upon cancellation of the contract the contribution of the dormant associate must be returned to him, after deducting the losses and debts falling to his share.
第二百七十三條　匿名員ハ契約解除ノ場合及ヒ每事業年度ノ終ニ於テ計算書ノ差出ヲ求メ及ヒ商業帳簿竝ニ書類ヲ展閱調査セント求ムル權利アリ
273.　A dormant associate is entitled upon cancellation of the contract and also at the end of each business year, to claim production of an account and inspection and examination of the trade books and papers.
此規定ハ第二百六十六條及ヒ第二百六十七條ニ揭ケタル場合ニモ亦之ヲ適用ス
The above provision applies also in the cases in Articles 266 and 267 mentioned.
第七章　商事契約
CHAPTER VII. COMMERCIAL CONTRACTS.
第一節　契約ノ種類
SECTION I. THE DIFFERENT KINDS OF CONTRACTS.
第二百七十四條　商事契約ハ明示又ハ默示ニテ之ヲ取結フコトヲ得
274.　The conclusion of commercial contracts may be either express or implied.
第二百七十五條　商事契約ノ旨趣ハ當事者ノ眞實及ヒ確定ナル共通ノ意思ニ依リテ定マルモノトス其意思ハ商慣習ト商人タル者ノ當然ノ思考トニ從ヒテ解釋ス可シ
275.　The contents of commercial contracts are determined by the actual, definite, and common intent of the parties thereto, construed according to the usages of trade and the reasonable aim of traders.
第二百七十六條　明示ノ契約ハ書面、口頭又ハ容態ニテ之ヲ取結フコトヲ得
276.　Express contracts may be concluded either in writing or verbally, or by signs.
第二百七十七條　主タル目的物カ五十圓ノ價額ヲ超ユル契約ハ其履行ヲ卽時ニ爲ササルトキハ之ヲ書面ニ作成シテ交付ス可シ
277.　Where the principal subject-matter of a contract exceeds fifty yen in value, the contract, unless performance thereof takes place forthwith, is to be formed in writing and delivered.
本法中或ル契約ニ關スル特別ノ規定ハ前項ノ爲メニ妨ケラルルコト無シ
The special provisions of this Code relating to the conclusion of particular contracts are not affected hereby.
第二百七十八條　書面作成ノ要件ハ合式ノ契約證書ヲ以テモ義務者又ハ其代人ノ署名若クハ之ニ代ハル可キ氏名アル書簡、電報、勘定書、切符其他ノ各書類ヲ以テモ之ヲ充タスコトヲ得
278.　The requirement of formation in writing is fulfilled by a formal document of contract, or by letters, telegrams, accounts, tickets, and any writing whatever, which bear the signature, or in the place thereof the names, of the person bound or his representative.
第二百七十九條　第二百七十七條ニ揭ケタル契約ノ旨趣ニ付テノ證據又ハ反對證據ハ書面ヲ以テスルモノニ限リ之ヲ許ス但第二百七十五條ニ從ヒテ爲ス契約條款ノ解釋ニ關スルモノ又ハ錯誤、强暴若クハ詐欺ノ證明ニ關スルモノ又ハ覊束スル意思ナクシテ契約書ニ揭ケタル事實ニ關スルモノハ此限ニ在ラス
279.　With regard to the contents of the contracts in Article 277 specified, evidence or counter-evidence is not admissible unless it is in writing, except in so far as there is question of the construction of the terms of the contract in conformity with Article 275, or of proof of mistake, coercion, or deceit, or of facts which are mentioned in the contract itself, but without binding intent.
第二百八十條　第二百七十七條ニ揭ケタル契約ハ書面ニ作成セスト雖モ後ニ至リ當事者ニ於テ殊ニ雙務契約ノ場合ニ在テハ其雙方ニ於テ實際之ヲ履行シ又ハ書面ヲ以テ之ヲ承認シタルトキハ其効力アリ
280.　The contracts mentioned in Article 277 are valid even where they are not formed in writing, if they are subsequently, and in the case of bilateral contracts by both the parties thereto either actually performed, or recognized in writing.
第二百八十一條　默示ノ契約ハ契約提供ニ對シテ默示ノ承諾アル場合ニ存シ又事ヲ爲シ又ハ爲ササルニ因リテ法律上若クハ商慣習上義務又ハ請求權ノ生スル總テノ場合ニ存ス
281.　An implied contract exists where there is tacit consent to a contract proposal, and in all cases where a person does or abstains from doing something, to which an obligation or right of claim is by law or the usages of trade attached.
第二百八十二條　契約提供ニ對スル默示ノ承諾ハ一般ニ商慣習若クハ誠實、信用ニ因リ殊ニ被提供者ノ特別ナル業體又ハ雙方間ノ平常ノ取引關係ニ因リテ承諾シタルモノト通例推定ス可キ場合ヲ除ク外ハ決シテ存スルモノト看做スコトヲ得ス
282.　Consent by silence to a contract proposal can never be deemed to exist, except where the usage of trade or good faith and confidence, and in particular the special business position of the party to whom such proposal is made, or the settled business relations existing between the parties constitute as a rule a ground for presuming consent.
第二百八十三條　雙務ノ契約ニ在テハ相手方ノ履行ニ對スル承諾ハ其承諾シタル一方ニ於テモ履行ス可キ默示ノ約束ヲ爲シタルモノトス
283.　In the case of bilateral contracts consent by one party to performance by the other is to be taken as an implied promise to perform on his part also.
第二百八十四條　契約上ノ義務ハ明示ト默示トヲ問ハス合法ノ原因アルニ非サレハ成立スルコトヲ得ス
284.　No contractual obligation can either expressly or impliedly arise without a lawful consideration.
第二百八十五條　契約上ノ義務ヲ將來ノ事件ノ不確定ナル發生又ハ不發生ニ繫ラシムル場合ニ於テハ契約ハ其事件ノ發生セサルトキ又ハ發生シタルトキハ當然消滅ス
285.　Where the obligation of a contract is made contingent on the uncertain happening or nonhappening of some future event, the contract is of itself dissolved, when, in the one case the event does not take place, or when, in the other case, it has taken place.
第二百八十六條　契約ニ加ヘタル未必條件又ハ期限ハ此カ爲メ利益ヲ受ク可キ者ノ明示ノ抛棄ニ因ルニ非サレハ無効ト爲スコトヲ得ス
286.　A condition attached to a contract or any provision therein as to time can only be rendered inoperative by means of express waiver by the party in whose favor it was introduced.
第二百八十七條　商事契約ニ依リ二人以上共同シテ債權ヲ取得シ又ハ債務ヲ負擔スル場合ニ於テハ反對ヲ明示シタルニ非サレハ其債權ハ各債權者ヨリ又其債務ハ各債務者ニ對シテ連帶且無條件ニテ其効用ヲ致サシムルコトヲ得
287.　Where by means of a commercial contract two or more persons jointly acquire a right of claim or contract an obligation, and there is no express agreement to the contrary, the right of claim may be enforced by creditors and the obligation against the debtors jointly and severally and unconditionally.
第二百八十八條　前條ノ規定ハ保證義務ノ場合ニ於テモ之ヲ適用ス殊ニ一人ノ保證人ニ對スル二人以上ノ債權者ニ關シテモ一人ノ債務者ノ爲メニスル二人以上ノ保證人ニ關シテモ二人以上ノ債務者中ノ一人ノ爲メニスル保證人ニ關シテモ之ヲ適用ス
288.　The rule laid down in the preceding Article applies also to obligations of suretyship, in particular with regard to two or more creditors as against one surety, as well as with regard to two or more sureties for the debt of one debtor, and also with regard to one surety for the debt of one of several debtors.
第二百八十九條　商事ニ於テ他人ニ對シ責ニ任スル注意ハ別段ノ規定又ハ契約アルニ非サレハ辨識アリ且勉勵ナル商人カ履行地ノ慣例ニ從ヒテ爲ス可キ注意ナリトス
289.　The diligence due from one person to another in commercial matters is, unless otherwise provided or agreed upon, to be taken to mean such diligence as is usual at the place of performance on the part of a prudent and industrious trader.
第二百九十條　不適法ノ意思又ハ甚シキ怠慢ニ出テタル行爲ニ付テノ責任ハ豫メ契約ヲ以テ之ヲ免カルルコトヲ得ス
290.　Responsibility for any act committed with wrongful intent or through gross negligence cannot be excluded by antecedent contract.
第二百九十一條　意外ノ事ニ因ル危險及ヒ至重ナル注意ハ本法ニ規定ナキモ明示ノ契約ヲ以テ之ヲ引受クルコトヲ得
291.　The risk of accident can be accepted, and the exercise of utmost diligence undertaken, by express contract, in cases where they are not already provided for by this Code.
第二節　契約ノ取結
SECTION II. CONCLUSION OF CONTRACTS.
第二百九十二條　契約ハ一方ノ提供ヲ他ノ一方ニ於テ異議ナク承諾シタルトキ直チニ之ヲ取結ヒタルモノトス但默示ノ承諾ノ存セサルトキハ適當ノ方式ヲ以テ提供者ニ承諾ヲ述フルコトヲ要ス
292.　A contract is concluded as soon as the proposal of one party is accepted without objection by the other, and such acceptance, unless given by implied consent, has been declared in due form to such first party.
第二百九十三條　契約ノ提供ハ卽時ニ又ハ被提供者ニ許與シタル期間ニ承諾ヲ述ヘサルトキハ之ヲ拒絕シタルモノト看做ス
293.　A proposal is to be deemed to be declined if no acceptance is declared forthwith, or within the time allowed to the party to whom the proposal is made.
第二百九十四條　提供ノ默示ノ承諾ヲ推定スルコトヲ得ル場合ニ於テハ被提供者カ卽時又ハ許與セラレタル期間ニ拒絕ヲ述ヘサルトキハ其提供ヲ承諾シタルモノト看做ス
294.　In cases where implied acceptance of a proposal may be presumed, such proposal is to be deemed to be accepted if it is not declined by the party to whom it was made, either forthwith, or within the time allowed for his so doing.
第二百九十五條　地ヲ隔テタル者ノ間ニ於テハ提供者ニ對スル承諾ノ陳述ハ遲クトモ提供ヲ受取リタル翌日正午マテニ普通ノ送達方法ヲ以テ提供者ニ其陳述ヲ發シタルトキハ卽時ニ之ヲ爲シタリト看做ス但其翌日カ一般ノ休日ナルトキハ更ニ其翌日ニ於テスルコトヲ得
295.　In the case of parties at a distance the declaration of acceptance is deemed to have been made to the proposer forthwith, if it has been put into a course of ordinary transmission to the proposer by, at the latest, the middle of the week-day next following that of receipt of the proposal. When such day is a general holiday, such transmission may be made on the next succeeding day.
第二百九十六條　契約提供ニ對シテ條件ヲ附シ又ハ變更ヲ加ヘテ爲ス承諾ニ在テハ提供者ハ其選擇ヲ以テ之ヲ純粹ノ拒絕ト看做シ又ハ被提供者ヨリ更ニ爲シタル提供ト看做スコトヲ得
296.　A conditional or modified acceptance of a proposal may be regarded by the proposer at his option either as an absolute refusal, or as a fresh proposal on the part of the person to whom the proposal was made.
第二百九十七條　提供者ハ被提供者カ通常ノ情況ニ於テ卽時又ハ期間ニ承諾ヲ述フルコトヲ得ル時ニ至ルマテハ被提供者ニ對シテ其提供ニ覊束セラルルモノトス然レトモ提供ノ被提供者ニ達スル以前又ハ達スルト同時ニ反對ノ通知ヲ以テ其提供ヲ取消スコトヲ得
297.　Until such time as acceptance can, under ordinary circumstances, either forthwith or withen the time allowed be declared, the proposer is bound by his proposal to the other party ; he is entitled, however, before or at the time when such proposal reaches the other party to revoke the same by a communication to an effect contrary to that already made.
第二百九十八條　契約提供ノ承諾ヲ述ヘタルトキハ他ノ一方ノ同意ヲ得ルニ非サレハ其承諾ヲ取消スコトヲ得ス然レトモ地ヲ隔テタル者ノ間ニ於テハ取消カ承諾陳述ノ達スル以前又ハ達スルト同時ニ提供者ニ達スルトキハ其取消ヲ有効トス
298.　The declared acceptance of a proposal count be revoked without the consent of the other party ; in the case, however, of parties at a distance, a revocation is valid, if it reaches the proposer prior to or together with the intimation of acceptance.
第二百九十九條　契約取結ニ關スル通信ヲ爲スニ當リ送達人ノ過誤及ヒ遲延ニ付キ送達人ニ其責任ナキトキハ送達ノ爲メ利益ヲ受クル者其責ニ任ス
299.　In respect of mistakes and delays occasioned in the transmission of contract communications between parties, the party is liable in whose interest the transmission took place, in so far as the person undertaking the transmission is not responsible.
第三百條　見本、代價附其他契約提供ヲ媒介スル物ニシテ契約提供ト共ニ送付シ若クハ別ニ送付スルモノハ其提供ノ拒絕セラルル場合ト雖モ被提供者ノ方ニ留マルヲ通例トス其他ノ商品ニ在テハ被提供者ハ提供者カ更ニ處分ヲ爲スニ至ルマテ相當ノ方法ヲ以テ之ヲ貯藏ス可シ然レトモ第三百七十三條ノ規定ニ從ヒ相當ノ期間ニ其商品ヲ賣却シテ立替金及ヒ口錢ノ辨濟ニ充ツルコトヲ得
300.　Samples, price-lists and other objects in recommendation of a contract proposal, sent together with or separately from such proposal, belong as a rule to the party to whom the proposal is made, even where it is declined ; all other goods are to be properly preserved by him until further disposition thereof by the proposer ; he may, however, repay himself any disbursements or any commission due by the sale of the same at the expiration of a reasonable time in conformity with the provisions of Article 373.
第三百一條　商事契約ハ强暴、詐欺又ハ錯誤アル場合ニ於テハ之ニ對シテ異議ヲ述フルコトヲ得然レトモ大ナル損失ニ因リ殊ニ代價其他ノ報償ノ不相當ナルニ因リテ異議ヲ述フルコトヲ得ス
301.　Commercial contracts are voidable on the ground of coercion, deceit, or mistake, but not on the ground of gross disadvantage, and, in particular, not on the ground of inadequacy of price or other consideration.
第三節　契約ノ履行
SECTION III. PERFORMANCE OF CONTRACTS.
第三百二條　契約ノ履行ハ一方カ他ノ一方ノ同意ヲ得テ明示又ハ默示ニテ負ヒタル義務ヲ完全ニ辨濟スルニ在リ
302.　Performance of a contract consists in the complete doing of that which one of the parties thereto has, with the consent of the other expressly or impliedly bound himself to do.
第三百三條　債務者ノ義務ノ旨趣及ヒ範圍殊ニ債務ノ目的物ノ性質及ヒ品位ニ付テハ履行地ニ行ハルル定例ニ依リテ之ヲ定ム但別段ノ契約又ハ商慣習アルトキハ此限ニ在ラス
303.　In the absence of express contract or of usages of trade, the rules prevailing at the place of performance are to decide as to the substance and extent of the debtor's obligation, in particular as to the nature and quality of the object due.
第三百四條　十分ナル債務辨濟ヲ適當ノ方法ヲ以テ債權者ニ言込ムモ債權者其承諾ヲ拒絕スルトキハ債務者ハ其辨濟ス可キモノヲ債權者ノ計算及ヒ危險ニ於テ處分スルコトヲ得此場合ニ於テハ債務者ハ不適法ノ意思又ハ甚シキ怠慢ニ付テノミ債權者ニ對シテ責任ヲ負フ
304.　Where proper tender is made of complete payment of that which is due to the creditor, but acceptance is declined by him, the debtor is entitled to deal with the subject-matter of performance at the expense and risk of the creditor, and is responsible to him in respect only of wrongful intent and gross negligence.
第三百五條　債權者ハ一分ノ履行又ハ遲延シタル履行ヲ承諾スルコトヲ要セス但割拂ノ契約又ハ慣習アルトキハ此限ニ在ラス
305.　The creditor is not bound to accept partial or overdue performance, excepting in so far as payments on account are agreed upon or are usual.
第三百六條　契約ノ履行ハ契約上ノ滿期日又ハ其他定マリタル滿期日ニ之ヲ爲ササルトキハ遲延シタリトス
306.　The performance of a contract is overdue where it does not take place before the expiration of the stipulated or otherwise determined due date.
第三百七條　滿期日ハ日ヲ指シテ之ヲ定メ又ハ期間ヲ設ケテ之ヲ定ムルコトヲ得
307.　The due date may be fixed to be either at a named date or at the expiration of a certain period of time.
第三百八條　期間ヲ定ムルニ日數ヲ以テシタルトキハ其期間ノ末日ヲ滿期日ト看做シ週數、月數又ハ年數ヲ以テシタルトキハ最後ノ週、月又ハ年ニ於テ結約ノ日ニ應當スル日ヲ滿期日ト看做ス
308.　Where such period of time is calculated by days, the last of such days is to be deemed to be the due date ; if, however, it is reckoned by weeks, months, or years, the day of the last of the same corresponding to the day on which the contract was concluded is to be deemed to be the due date.
第三百九條　日ヲ以テ定メタル期間ノ計算ニ付テハ結約ノ日ハ之ヲ算入セス
309.　Where a period of time is calculated by days, the day on which the contract was concluded is not to be taken into account.
第三百十條　半个月ハ十五个日ノ期間ト看做ス
310.　Half a month is to be regarded as a period of fifteen days.
第三百十一條　滿期日カ一般ノ休日ニ當ルトキハ其翌日ヲ滿期日ト看做ス
311.　Where the due date falls on a general holiday, the week-day next following is to be deemed to be the due date.
第三百十二條　特別ノ情況アルトキノ外ハ履行地ニ於ケル慣習上ノ取引時間ヲ以テ履行ニ付テノ一日ノ時間ト看做ス
312.　Apart from special circumstances, one day is, for the purposes of performance, to be taken to be the duration of business hours usual at the place of performance.
第三百十三條　或ル期間ノ經過中ニ履行ヲ爲ス契約ナルトキハ其履行ハ期間內何レノ取引日ニテモ之ヲ爲シ又ハ之ヲ求ムルコトヲ得
313.　Where it is stipulated that performance is to take place during the course of a certain period of time, it may be effected or demanded on any business day within such period.
第三百十四條　前條ノ場合ニ於テ疑ハシキトキハ期間ノ定ニ因リテ利益ヲ受ク可キ一方カ履行日ヲ擇ムコトヲ得通例此ノ如キ一方ト看做ス可キ者ハ商品ノ受取人又金錢ニ係ル債權ニ在テハ債務者トス
314.　Where in the case of the preceding Article any doubt exists, the party in whose interest such period was fixed is entitled to choose the day for performance ; in the case of goods the person entitled to receive, and in the case of money claim the debtor, is, as a rule, to be considered as such party.
第三百十五條　期間ヲ延ヘタル場合ニ於テ別ニ定ムル所アルニ非サレハ其新期間ハ舊期間ノ滿了ヨリ起算ス
315.　Where a period is extended, and no particulars are specified, the further period is to be calculated from the expiration of that originally fixed.
第三百十六條　契約其他ニ履行期日ノ定ナクシテ債務者其履行ヲ相當ノ期間ニ爲ササルトキハ債權者ハ滿期日ヲ定ムルコトヲ得
316.　Where no time is fixed for performance, either by the contract or otherwise, the creditor is entitled to fix a due date if the debtor fails to perform within a reasonable time.
第三百十七條　別段ノ履行地ヲ定メス又ハ取引ノ性質若クハ當事者ノ意思ニ因リテ之ヲ推知スルコトヲ得サルトキハ履行ハ債權者若クハ受取ノ權利アル者ノ指定シタル地若シ指定セサルトキハ其住地殊ニ營業場ニ於テ之ヲ爲ス可シ
317.　Where no other place of performance is specified, or is to be inferred from the nature of the transaction or the intention of the parties, performance is to take place at the place specified by the creditor or party entitled to receive, or failing such specification, at the place of residence and, in particular, at the seat of business of the creditor or party entitled to receive.
第三百十八條　債務者ノ負擔セル送付ノ義務ハ債權者ノ指定シタル運送場若シ指定セサルトキハ適當ノ運送場ニ交付スルヲ以テ之ヲ履行シタルモノトス
318.　The obligation of transmission incumbent on the debtor is fulfilled by delivery to the forwarding agency specified by the creditor, or to such as may, if none be specified, be suitably employed.
第三百十九條　當事者雙方カ同地ニ住スル場合ニ於テ別段ノ契約ナキトキハ債務者カ債務ノ目的物ヲ送付ス可キヤ又ハ債權者カ之ヲ取寄ス可キヤハ其地ノ慣習又ハ取引ノ性質ニ依リテ之ヲ定ム
319.　Where both parties reside at one and the same place, local usage or the nature of the transaction is, in the absence of special contract, to decide whether it is incumbent on the debtor to forward the object due to the creditor, or on the latter to fetch away the same.
第三百二十條　別段ノ契約ナキトキハ債務ノ目的物ノ送付ハ債權者ノ危險ニ於テ之ヲ爲スヲ通例トス但債務者カ自己又ハ其使用人ノ過失ニ付テ負フ責任ハ此カ爲メニ妨ケラルルコト無シ
320.　Without prejudice to the debtor's liability for his own fault or that of persons employed by him, the forwarding of the object due, unless otherwise stipulated, takes place as a rule at the risk of the creditor.
第三百二十一條　度量衡、距離、期間、休日、支拂貨幣ノ本位竝ニ種類其他履行ノ細目ハ履行地ニ行ハルル定例ニ從ヒテ之ヲ定ム但別段ノ契約又ハ商慣習アルトキハ此限ニ在ラス
321.　Measures and weights, distances, periods of time and holidays, standards of value and kinds of money in case of money payments, as well as other particulars relating to performance are determined according to the rules in force at the place of performance, unless otherwise determined by special contract or the usages of trade.
第三百二十二條　擇一債務其他目的物ノ特定セサル債務ニ付キ履行ノ目的物ヲ定ムルコトハ其目的物ノ尙ホ存スル場合ニ限リ疑ハシキトキハ債務者ノ擇ムニ任ス
322.　In the case of alternative debts, or of debts the subject-matter of which is left undetermined, the selection of the subject-matter of performance, provided it is still in existence, is, in the event of doubt, to be left to the debtor.
第四節　價額賠償、損害賠償及ヒ割引
SECTION IV. COMPENSATION, DAMAGES AND DISCOUNT.
第三百二十三條　債務者カ其債務ノ履行ヲ正當期日ニ爲ササルトキハ債權者ハ契約ヲ解除シ又ハ價額賠償若クハ損害賠償ヲ求ムルコトヲ得
323.　Where a debtor fails to discharge his debt in due course, the creditor has the option of either cancelling the contract, or claiming compensation or damages, as the case may be.
第三百二十四條　價額賠償ハ金錢ニ係ル債務ニ付テハ債務額ノ外滿期日ヨリ其債務ヲ辨濟スル日マテノ遲延利息ヲ支拂フニ在リ總テ其他ノ債務ニ付テハ債務ノ目的物カ滿期日ノ後ニ有セシ最高ノ價額ト其價額ヲ定メタル時ヨリ辨濟ノ日マテノ遲延利息トヲ支拂フニ在リ但債權者ニ於テ債務ノ目的物カ滿期日ニ有セシ價額ト此日ヨリノ遲延利息ノ賠償トヲ得ント欲スルトキハ此限ニ在ラス
324.　Compensation consists, in the case of money debts, in the payment, besides the amount of the debt itself, of moratory interest from the due date until the date on which the debt is paid ; in the case of all other debts, in the payment of the highest money value that the object due reached after the due date, with the addition of moratory interest from the date of such assessment until the day of payment, unless the creditor prefers thereto the value of such object on the due date with moratory interest from such date.
第三百二十五條　債權者ハ債務者ノ過失ヲ證明シ又ハ債務ノ不履行ニ因リ自己ニ加ヘラレタル損害ヲ證明スルコト無クシテ價額賠償ヲ求ムルコトヲ得但義務ノ性質及ヒ範圍ニ因リテ債務者カ不履行ニ付キ責任ヲ負フトキニ限ル
325.　The creditor may claim compensation without being bound to prove any fault on the part of the debtor or loss incurred by himself by reason of non-fulfilment, but only where, from the nature and extent of the obligation, the debtor is responsible for such non-fulfilment.
第三百二十六條　第三百二十四條ノ規定ニ從ヒテ査定ス可キ債務ノ目的物ノ價額ハ其普通ノ市場價額又取引所ニ於テ賣買スル物ニ在テハ其取引所相場ニ加フルニ遲延ニ因リテ生シタル費用及ヒ立替金ヲ以テシタルモノトス
326.　The money value of the object due, to be assessed in pursuance of Article 324, is the ordinary market value thereof, and in the case of things dealt in on Exchange their Exchange quotation, with the addition in each case of the expenses and disbursements incurred in consequence of the delay.
第三百二十七條　第三百四條ニ揭ケタル承諾ヲ遲延シタル債權者ハ亦遲延ニ因リテ生シタル費用及ヒ立替金ヲ債務者ニ賠償ス可シ
327.　Where a creditor fails as in Article 304 mentioned to duly accept, he likewise is bound to compensate the debtor for all expenses and disbursements incurred by him in consequence of such failure.
第三百二十八條　故意又ハ怠慢ノ行爲ニ因リテ不適法ニ損害ヲ他人ニ加ヘタル者ハ其損害ニ付キ十分ノ賠償ヲ爲ス義務アリ
328.　Where a person wrongfully, by a fault committed intentionally or through neglect, causes detriment to another, he is bound to pay the latter full damages.
第三百二十九條　損害賠償ハ生シタル損失及ヒ失ヒタル利益ノ辨償ヲ包括ス
329.　Damages comprise indemnification for the actual loss sustained as well as for loss of profit.
第三百三十條　利益トハ一方ノ加害ノ行爲ナカリシトキハ他ノ一方カ爲シ得ヘカリシコトヲ證明シ得ヘキ取得ヲ謂フ此取得ハ豫見シ得ヘカリシモノト否ト又ハ通常ナリシモノト否トヲ問フコト無シ
330.　The profit consists in the gain which it can be shown would have resulted to the party damaged but for the fault of the other which caused the damage whether such gain was anticipated or usual, or not.
第三百三十一條　損害賠償ヲ査定スルニハ偶然、推測若クハ將來ノ利益若クハ損失又ハ他ノ情況ノ加ハルニ因リテ生スルコト有ル可キ利益若クハ損失ハ之ヲ問フコトヲ得ス
331.　In assessing damages no regard is to be had to merely possible, probable or future loss or profit, or loss or profit dependent on the supervening of other circumstances.
第三百三十二條　契約ヲ以テ豫メ價額賠償又ハ損害賠償ノ額ヲ定メタルトキハ之ニ從フヲ通例トシ實際ノ情況ヲ援用シテ其豫定ノ額ヲ增減セント主張スルコトヲ得ス
332.　Where the amount of compensation or damages has been previously agreed upon between the parties, the contract, as a rule, applies, and no indemnification higher or lower than that agreed upon can be obtained by means of an appeal to actual facts.
第三百三十三條　費用、立替金、前貸金其他此類ノ支出金ノ賠償及ヒ損害ノ賠償ヲ爲ス可キ者ハ權利者ノ求ニ依リ其各金額ノ割合ニ應シテ辨償ス可キ日ヨリノ利息ヲ支拂フ可シ
333.　Every person who has to make compensation for expenses, disbursements, advances and other similar expenditure, or who has to pay damages, is on the demand of the entitled party, to pay interest in proportion to their amount from the day on which they became due.
第三百三十四條　遲延利息其他ノ利息ニシテ法律又ハ契約ニ於テ步合ヲ定メサルモノハ年百分ノ七トス
334.　The rate of moratory interest as well as that of other interest, in so far as it is not fixed by law or by contract, is seven per cent per annum.
第三百三十五條　金錢ニ係ル債務ヲ滿期前ニ支拂フトキハ債務者ハ契約又ハ商慣習アルトキニ限リ其滿期前ノ時間ニ應シテ割引ヲ求ムルコトヲ得
335.　Where a money debt is paid before due date the debtor may claim a discount for the time still to run, if such discount was stipulated for or is in accordance with the usages of trade.
第三百三十六條　契約不履行ニ因リテ債權者ヨリ契約ヲ解除スルトキハ債務者ハ既ニ爲シタル一分ノ辨濟ヲ現狀ニテ取戾シ既ニ受取リタル報償ヲ全額又ハ全價額ヲ以テ債權者ニ償還ス可シ
336.　Where a contract is cancelled by the creditor on the ground of non-performance, the debtor is to take back anything given in part performance in its actual condition, and is to restore to the creditor, in full, any thing that may have been received in counter performance or the value thereof.
第五節　違約金
SECTION V. PENALTIES.
第三百三十七條　債權者ハ契約ノ履行ヲ確ムル爲メ其不履行ノ場合ニ於テ違約金トシテ或ル金額ヲ支拂フ義務ヲ債務者ニ負ハシムルコトヲ得其違約金ヲ求ムルニハ損害賠償ノ要件ニ關係ナキモノトス
337.　The creditor, in order to secure performance of a contract, may impose on the debtor as a penalty in the event of non-performance, the payment of a sum of money ; the enforcement of such a penal stipulation is independent of the requisites for damages.
第三百三十八條　履行又ハ賠償ヲ求ムル債權者ノ權利ハ違約金ノ爲メニ廢止セラレスト雖モ疑ハシキトキハ違約金ト共ニ損害賠償ヲ求ムルコトヲ得ス
338.　A penalty does not deprive the creditor of his right to performance or indemnification ; in the case of doubt, howeevr, a penalty and damages cannot be claimed together
第三百三十九條　過失アル不履行ニ因リテ債權者ニ加ヘタル損害カ違約金ノ額ヲ超ユルトキハ違約金ノ外此超過額ニ付キ損害賠償ヲ求ムルコトヲ得
339.　Where the damage sustained by the creditor in consequence of culpable non-performance is greater than the amount of the penalty such additional amount may be claimed over and above the penalty as damages.
第三百四十條　違約金ノ契約ニシテ差額取引又ハ不法ナル博奕若クハ賭事ノ取引ヲ隱蔽セントスル目的ヲ以テスルモノハ無効トス
340.　The contract of a penalty for the purpose of concealing a transaction for the payment of differences, or any illegal gaining or wagering transaction is void.
第六節　代理
SECTION VI. AGENCY.
第三百四十一條　商取引ノ取結ノ爲メニスル委任ハ總テノ場合ニ於テ其取引取結ノ爲メニスル代理ト看做ス但委任者カ代理人ノ行爲ニ承諾ヲ與フルコトヲ要スル旨ヲ明示シタルトキハ此限ニ在ラス
341.　Instructions to conclude a commercial transaction are in every case to be regarded as an agency for the purpose, excepting in as far as the principal expressly reserves the right of ratifying the agent's act.
代理人ハ委任ヲ行フ際至重ノ注意ヲ爲ス義務アリ
Every agent is bound to exercise the utmost diligence in the execution of his instructions.
第三百四十二條　委任者ノ名ヲ以テシタルト否トヲ問ハス委任者ノ爲メニ代理人ノ取結ヒタル商取引ニ因リ委任者ハ直接ニ第三者ニ對シテ權利ヲ得義務ヲ負フ
342.　Commercial transactions concluded by an agent for his principal, whether in the name of the latter or not, directly entitle or bind the principal in regard to third persons.
第三百四十三條　委任又ハ事後ノ承諾ヲ受クルコト無クシテ第三者ノ爲メニ或人ト取引ヲ取結フ者ハ其人ニ對シテ責任ヲ負フ
343.　Whoever concludes a transaction with another person on behalf of a third person, without the latter's instruction or subsequent ratification, is personally responsible to such person in respect of such transaction.
第三百四十四條　取引取結ノ際其委任ノ權限ヲ踰越スル者ハ第三者カ其踰越ヲ知ラス又ハ知ルコト能ハサリシトキハ委任者ニ對シテ責任ヲ負フ
344.　Where a person in concluding a transaction as agent exceeds his authority, he is responsible to his principal for so doing, if the third person had not, or could not have had knowledge thereof.
第三百四十五條　代理人カ他人ノ爲メ商取引ヲ取結ヒタル場合ニ於テ相手方カ自己ノ過失ニ非スシテ代理ナルコトヲ知ラス又ハ委任者ヲ知ラサリシトキハ其相手方ハ委任者ノ不履行ニ因リテ被フリタル損害ニ付キ其代理人ニ對シテ賠償ヲ求ムル權利アリ
345.　Where the party with whom an agent has concluded a commercial transaction on behalf of another was ignorant of the fact of agency and of the person of the principal, and such ignorance was due to no fault of his own, he is entitled to claim indemnification from the agent for the damage he may have sustained by reason of non-performance by the principal.
第三百四十六條　代理ハ委任者又ハ代理人ノ死亡ニ因リテ解除スルモノニ非ス
346.　Agency is not determined by the death of the principal or of the agent.
第三百四十七條　代理ハ委任者ノ承諾アリ又ハ其承諾ヲ得ヘキモノト推定ス可キ情況アルニ非サレハ之ヲ第三者ニ轉付スルコトヲ得ス
347.　No agency can be transferred to a third person without the principal's consent, or the circumstances from which the principal's consent may be inferred to be obtained.
第三百四十八條　他人ノ爲メニ其委任又ハ事後ノ承諾ヲ受ケテ商取引ヲ取結フ者ハ明約ナキトキト雖モ計算書ヲ示シテ其取引取結ニ付キ正當ニ爲シタル前貸金、立替金竝ニ費用ヲ賠償セシメ及ヒ慣習上ノ利息、手數料又ハ口錢ヲ求ムル權利アリ
348.　Any person concluding a commercial transaction on behalf of another, with the latter's instructions or subsequent ratification, is entitled, even in the absence of an express agreement, on production of an account to be indemnified for the advances, disbursements, and other expenses, properly made or incurred by him in such transaction, and to demand the usual interest, commission, or fees.
第七節　時効
SECTION VIL PRESCRIPTION.
第三百四十九條　商事ニ於ケル債權ハ滿期日ヨリ若シ此期日ノ定ナキトキハ其債權ノ生シタル日ヨリ六个年ノ滿了ニ因リテ時効ニ罹ル但法律上此ヨリ短キ時効期間ヲ規定シタルトキハ此限ニ在ラス
349.　Rights of claim in commercial matters are prescribed at the expiration of six years from their due date, or, where no such date is fixed, from the time of their accruing, excepting where some shorter period for prescription is by law provided.
第三百五十條　時効ハ履行ノ爲メ債務者ニ明示シテ爲シタル催吿又ハ債權ノ取立若クハ擔保ノ爲メ債務者ニ對シテ爲シタル債權者ノ裁判上若クハ裁判外ノ行爲又ハ書面上ノ支拂約束又ハ主タル物若クハ從タル物ニ關シ債務者ノ爲シタル一分ノ支拂ニ因リテ中斷ス
350.　Prescription is interrupted by a summons for performance expressly addressed to the debtor, by any judicial or extra-judicial act done by the creditor for the purpose of enforcing or guaranteeing his right of claim against the debtor, by a written promise to pay, or by part payment by the debtor in respect of the principal claim or any accessory claim.
第三百五十一條　受取證ヲ記シ又ハ記セサル計算書ノ送付ノミニテハ之ヲ催吿ト看做スコトヲ得ス
351.　The mere forwarding of a receipted or non-receipted account is not to be deemed summons.
第三百五十二條　滿了シタル時効ノ効力ハ主タル物及ヒ從タル物ニ付テノ債權全ク消滅シ債權者ヨリ直接ニモ間接ニモ復タ之ヲ主張スルコトヲ得サルニ在リ
352.　Expiration of the period for prescription operates to completely extinguish the principal claim as well as every accessory claim, and to prevent the creditor from further, either directly or indirectly, enforcing the same.
第八節　交互計算
SECTION VIII. ACCOUNTS CURRENT.
第三百五十三條　相互ノ間ニ絕エス債權及ヒ債務カ生スル所ノ平常ノ取引關係ヲ有スル者ハ期間ヲ定メテ互ニ差引計算ヲ爲シ其債權及ヒ債務ヲ消却スルコトヲ得
353.　Persons between whom such settled business relations exist that mutual rights of claim and debts continually arise therefrom may discharge the same by means of a periodical mutual balancing of the account
第三百五十四條　交互計算ノ關係ハ明示又ハ默示ノ契約ニ因リテ生ス然レトモ長キ時間與信用ヲ繼續シタルモ此カ爲メニ交互計算ノ關係ヲ生スルコト無シ
354.　Account current relatians can be created by contract, express or implied, but not by the mere giving of credit even when continued for a length of time.
第三百五十五條　差引計算ノ期間ハ一个年トス但契約ヲ以テ此ヨリ短キ期間ヲ定メタルトキハ此限ニ在ラス
355.　The account is to be balanced at intervals of one year, unless a shorter period is fixed by contract.
第三百五十六條　各當事者ハ每期間ノ終ニ計算ヲ閉鎖シ且約定又ハ相當ノ期間ニ其計算書ヲ承認又ハ異議申述ノ爲メ互ニ送付スル義務アリ
356.　At the end of every period each party is bound to close the account and to send, within the stipulated or a reasonable time, the statement thereof to the other party for confirmation, or for raising any objection he may have thereto.
第三百五十七條　異議ヲ起サス又ハ異議ヲ起シタルモ留保ヲ爲サスシテ交互計算ノ關係ヲ繼續スルトキハ計算ヲ默認シタルモノト看做ス
357.　If no objections are raised, or if, notwithstanding any objection being raised, account current relations are continued without reservation, the account is to be regarded as tacitly confirmed.
第三百五十八條　交互計算ニ屬スル各債權ハ交互計算ノ關係ヲ解キ又ハ計算ニ對シテ異議ヲ述フルトキニ非サレハ各箇ニ之ヲ主張スルコトヲ得ス
358.　Individual rights of claim belonging to an account current cannot be enforced separately, unless the account current relation is determined, or the account is disputed.
第三百五十九條　計算カ承認セラレタルトキハ其計算ニ依ルニ非サレハ差引殘額ヲ請求スルコトヲ得ス
359.　Where an account has been confirmed, the balance due to one or other of the parties can be claimed by virtue of such account alone.
第三百六十條　每期間ノ終ニ生スル差引殘額ハ之ヲ新ナル債務計目トシテ次ノ計算ニ移スコトヲ得但反對ノ契約アルトキハ此限ニ在ラス
360.　In the absence of any contract to the contrary, the balance shown due at the end of each period may be carried over as a fresh item into the next account.
第三百六十一條　別段ノ契約又ハ慣習アラサルトキハ商事ヨリ生スル相互ノ債權及ヒ債務ハ種類ノ何タルヲ問ハス交互計算ヲ以テ取扱フコトヲ得
361.　In the absence of contract or usage to the contrary, all mutual rights of claim and debts arising out of commercial matters may be brought into account current.
第三百六十二條　一方ニ於テノミ債權ヲ生シ他ノ一方ハ其債權ノ計算ノ爲メニ時時支拂ヲ爲シテ絕エス取引スル者ノ間ニ交互計算ノ關係ヲ生スルトキハ其計算ニ屬スル債權ハ期間ニ從ヒ且交互計算ノ全部ニ依ルニ非サレハ之ヲ主張スルコトヲ得ス
362.　Where account current relations are constituted between persons standing to each other in such settled business relations that rights of claim arise in favour of one of the parties alone, and the other party from time to time makes payment on account of such rights of claim, the rights of claim belonging to such account current are only enforceable periodically and upon the account current taken as a whole.
第三百六十三條　交互計算ニ繰込ミタル債權ハ契約上ノ定ナキトキト雖モ其繰込ノ日ヨリ之ニ相當ノ利息ヲ付ス可シ
363.　On rights of claim entered in account current suitable interest, even in the absence of any contract, is due from the time of their entry.
第三百六十四條　各計算期間ニ生スル差引殘額ニ付テハ期間ノ末日ヲ滿期日ト看做ス
364.　With respect to the balance shown due for any period, the last day of such period is to be deemed to be the due date.
第三百六十五條　交互計算ノ關係ハ其計算ニ繰込ミタル債權及ヒ債務ニ付テハ第三者ニ對シテ其効ヲ有セス
365.　Account current relations, with respect to the rights of claim and debts entered in account current, are inoperative as against third persons.
第三百六十六條　交互計算ノ關係ハ當事者ノ一方カ何時ニテモ之ヲ辭スル外死亡又ハ破產ニ因リテ解除ス
366.　Apart from the right of either party to withdraw at any time, account current relations are dissolved by the death or bankruptcy of either of the parties thereto.
第九節　質權
SECTION IX. PLEDGE.
第三百六十七條　商取引ヨリ生スル債權ノ擔保ノ爲メニスル動產質權ノ設定ハ總テノ場合ニ於テ書面契約ヲ以テ之ヲ爲ス可シ其契約ハ擔保セラル可キ債權ノ年月日、數量竝ニ其合法ノ原因及ヒ質權設定ノ年月日竝ニ目的物ヲ逐一記載セサルトキハ無効トス
367.　A pledge of movables for guaranteeing a right of claim arising out of a commercial transaction is in every case to be created by a contract in writing ; such contract is invalid unless the date and amount of the right of claim to be guaranteed, and the lawful consideration therefor as well as the date of the pledge and the objects pledged are expressly specified therein.
第三百六十八條　質權設定ニ因リ債權者ハ質物ヲ賣却シテ其債權ノ辨償ニ充ツル權利ヲ取得ス但質物ノ占有カ自己又ハ其代人ニ移リタルトキニ限ル
368.　The creation of a pledge entitles the creditor to satisfy his right of claim by the sale of the objects pledged, provided that possession of the same has been transferred to him or his representative.
第三百六十九條　船荷證書、倉荷證書其他裏書ヲ以テ所載商品ノ處分權ヲ移轉スルコトヲ得ル證券ノ裏書讓渡ハ物ノ占有ノ移轉ト同一ナリトス
369.　The indorsement and delivery of bills of lading, warehouse certificates and other documents, the indorsement of which transfers to the indorsee the right of disposal over the goods to which they refer, is equivalent to the transfer of the possession of the thing itself.
第三百七十條　指圖證券カ質權設定ノ目的物ナルトキハ其證券ニ質入ノ旨ヲ附記シテ債權者ニ裏書讓渡ス可シ
370.　Where documents to order form the object of a pledge, they are to be endorsed to the creditor and delivered to him. Such indorsement is to contain mention of the pledge.
第三百七十一條　債務者カ其債務ノ辨濟ヲ遲延シタルトキハ債權者ハ債務者ニ對シ訴ヲ起スコト無クシテ質契約書ヲ差出シ裁判所ノ命令ヲ得タル後質物ノ賣却ニ著手スルコトヲ得
371.　Where a debtor is in arrear with the payment of his debt, the creditor may proceed to the sale of the object pledged after he has, by producing the contract of pledge, obtained an order of the Court, without it being necessary for him to institute an action against the debtor.
此命令ハ債權者ヨリ遲延ナク債務者ニ之ヲ通知ス可シ
The creditor is forthwith to communicate to the debtor such order of the Court.
第三百七十二條　債務者カ契約書ヲ以テ賣却ノ承諾ヲ明示シタルトキ又ハ指圖證券ヲ質入シタルトキハ債權者ハ裁判所ノ命令ナクシテ賣却ヲ爲スコトヲ得
372.　The sale of the object pledged can, however, take place without previous order of the Court, where the debtor in the contract in writing expressly declared his consent thereto, as well as in all cases of pledge of documents to order.
第三百七十三條　前二條ノ場合ニ於ケル賣却ハ仲立人又ハ競賣人カ競賣ヲ以テ之ヲ爲シ又取引所ニ於テ賣買スル商品ニ在テハ取引所ニ於テ公ノ呼上ヲ以テ之ヲ爲シ且賣却期日ノ少ナクトモ八日前ニ其爲サントスル賣却ヲ債務者ニ通知ス可シ
373.　In the cases in the two preceding Articles mentioned, sale is to take place in public auction through a broker or auctioneer or, in the case of goods dealt in on Exchange, by means of public offer on an Exchange. Notice of the intended sale is to be given to the debtor eight days at least before the day appointed for sale.
第三百七十四條　前條ニ揭ケタル期間ノ滿了スルマテハ債務者ハ債權者ニ辨濟ヲ爲シテ質物ノ還付ヲ求ムル權利アリ
374.　Until the expiration of the term specified in the preceding Article the debtor is entitled to make payment to the creditor and to claim the return of the object pledged.
第三百七十五條　債務額ニ利息及ヒ必要ノ費用竝ニ立替金ヲ加ヘタル額ヲ超ユル賣却代價ノ過剩ハ賣却ノ諸費用ヲ引去リタル後之ヲ債務者ニ還付ス可シ
375.　The surplus remaining, after deducting the amount of the claim together with interest and necessary expenses and disbursements from the price realized, is to be paid over to the debtor less all the costs of sale.
第三百七十六條　債務者ハ質權ノ設定ニ因リテ質物ヲ他ニ讓渡ス權利ヲ失フコト無シ然レトモ質債務ノ全額ニ滿ツルマテ其代價ヲ質債權者ニ支拂フ可シ之ニ違フトキハ二年以下ノ重禁錮ニ處ス
376.　The creation of a pledge' does not operate to preclude the debtor from alienating the object pledged ; he is, nevertheless, out of the price realized bound to pay the pledge creditor the full amount of his claim, failing which he is liable to be punished with major imprisonment not exceeding two years.
第三百七十七條　買主ニシテ其買入レタル物ニ付キ第三者ニ質權ノ存スルコトヲ知ル者ハ質債務ノ全額ニ滿ツルマテ其代價ヲ直接ニ質債權者ニ支拂フ可シ之ニ違フトキハ亦前條ノ刑ニ處ス
377.　A purchaser, having knowledge of the pledge right of a third person over an object he has purchesed, is to pay the price up to the full amount of his pledge claim to the pledge creditor direct ; if he fails to comply herewith he also is liable to the punishment in the preceding Article mentioned.
第三百七十八條　同一ノ物ニ付キ質權ヲ二人以上ニ設定シタルトキハ其物ノ占有者カ賣却ノ優先權ヲ有ス但强暴若クハ隱密ニテ又ハ隨時返還ノ條件ヲ以テ其占有ヲ得タルトキハ此限ニ在ラス
378.　Where two or more persons have obtained a pledge right over one and the same thing, the privilege of sale is vested in the one who is in possession of the thing, where such possession was not obtained by coercion, or secretly, or on condition of the thing being returnable on demand.
第三百七十九條　二人以上ノ質債權者中一人ハ現物ヲ占有シ他ノ者ハ其物ニ付テノ處分證券ヲ占有スルトキハ孰レニテモ其占有ヲ先キニ得タル者賣却ノ優先權ヲ有ス
379.　Where, in the case of two or more pledge creditors, one is in possession of the thing itself and another of the documents vesting the right of disposal thereof, the party who first acquired such respective possession is entitled to the privilege of sale.
第三百八十條　動產ニ付テノ有効ナル質權ハ質債權者ノ善意ナルトキニ限リ所有者ニ於テ又ハ物ヲ處分スル爲メ所有者ヨリ委託セラレタル代人ニ於テ又ハ正當ナル取得ニ因リ物ノ占有ヲ得タル各人ニ於テ之ヲ設定スルコトヲ得但無記名證券ヲ除ク外其物カ盜品又ハ紛失品ナルトキハ此限ニ在ラス
380.　Provided that the pledge creditor acts in good faith, a valid pledge of movables may be created by the owner or by his substitute to whom he has entrusted the same for the purpose of disposal thereof or by any person who has rightfully acquired the possession of the things, provided the same, documents to bearer excepted, have not been stolen or lost.
第三百八十一條　所有者ニ非サル者ノ質入シタル物ハ賣却執行ノ終ニ至ルマテハ所有者ヨリ質債權者ニ十分ナル辨償ヲ爲シテ其取戾ヲ求ムルコトヲ得
381.　An object pledged by a person to whom it does not belong can be redeemed by the owner prior to the completion of the sale thereof, on satisfaction of the claim of the pledge creditor in full.
第三百八十二條　有効ニ質入シタル物ヲ賣却シ其代價ノ支拂アリタルトキハ從來其物ニ付キ存セル所有權又ハ質權ハ總テ消滅ス
382.　The sale of an object validly pledged operates, after payment of the price, to extinguish every antecedent right thereto of ownership or pledge.
第三百八十三條　質權ハ第三者ニ於テモ債務者ノ爲メ之ヲ設定スルコトヲ得
383.　A pledge may be created on behalf of a debtor by a third person.
第三百八十四條　質權ハ將來ノ債權ノ爲メ豫メ之ヲ設定スルコトヲ得ス
384.　No pledge can be created in respect of a future debt.
第三百八十五條　質物賣却ノ裁判上ノ停止ハ債權者ニ辨濟ヲ爲シタリトノ抗辯ヲ以テ之ヲ爲サシムルコトヲ得但其抗辯ヲ直チニ信認セシメ得ルトキニ限ル
385.　Judicial stay of the sale of an object pledged can be obtained by a plea of payment to the creditor, if the same can, primâ facie, be made to appear probable.
第三百八十六條　指圖證券又ハ無記名證券ニ因リテ生シタル債權ヲ質入スルニハ債務者ニ通知ヲ爲スコトヲ要セス
386.　Rights of claim based on a document to order or to bearer can be pledged without it being necessary to inform the debtor thereof.
質債權者ハ質ニ取リタル債權ヲ賣却ニ代ヘテ直接ニ取立ツルコトヲ得又金錢ニ係ル債權ニ非サルトキハ目的物ヲ質物トシテ取扱フコトヲ得
A pledged right of claim, instead of being sold, can be directly enforced by the pledge creditor ; but if it is not a money claim, he can treat the object as a pledge.
第十節　留置權
SECTION X. LIEN.
第三百八十七條　商取引ニ因リテ他人ノ物ヲ占有シ其物ニ付キ勞力、費用、前貸金、立替金、手數料又ハ利息ニ關シテ滿期ト爲リタル債權ヲ有スル者ハ其債權ノ完全ナル辨濟又ハ擔保ヲ得ルマテハ其物又ハ其賣得金ヲ留置スル權利アリ
387.　Where in consequence of a commercial transaction a person has come into possession of property belonging to another, and has a right of claim that is due for work, expenses, advances, disbursements, or fees, or interest thereon, in respect of such property, he is entitled to retain the thing itself or its proceeds, until he has received the payment in full or guaranty for his right of claim.
第三百八十八條　交互計算ヨリ生スル差引殘額ニ付テノ債權ノ爲メ又ハ債務者支拂ヲ停止シタルトキハ未タ滿期ト爲ラサルモ商取引ヨリ生スル總テノ債權ノ爲メ債權者ハ正當ニ占有ヲ得タル債務者ノ總テノ物ニ對シテ留置權ヲ行フコトヲ得
388.　For rights of claim due on a balance of an account current and, where the debtor has suspended payment, for all rights of claim, though not yet due, arising out of commercial transactions a creditor is entitled to exercise the right of retaining all property of the debtor of which he has rightfully obtained possession.
第三百八十九條　留置權ハ占有ノ喪失ニ因リテ消滅ス但權利者カ自己ノ利益ノ爲メ其物ヲ處分シタルモ其留置權アルコトヲ新所持人ニ吿知セシトキハ此限ニ在ラス
389.　A lien is lost by loss of possession, except where the entitled party disposed of the thing for his own benefit and gave notice of his right to the new possessor.
第三百九十條　留置權ハ債權カ時効其他ノ事由ニ因リテ消滅シタルカ爲メニ消滅スト雖モ物ノ所有權カ債務者ノ意ヲ以テ又ハ意ナクシテ他人ニ移リタルカ爲メニハ消滅セス
390.　A lien is lost when the right of claim in respect of which it was acquired becomes extinguished by prescription or otherwise ; but not where the ownership in the thing itself passes to another either with or without the will of the debtor.
第三百九十一條　留置權ハ債權者ヨリ之ヲ他人ニ移スコトヲ得ス
391.　A lien cannot be assigned to a third person by the creditor.
第三百九十二條　留置權ノ行使ヲ債務者ニ通知シタルモ仍ホ相當ノ期間ニ辨濟又ハ擔保ヲ得サル者ハ留置シタル物ヲ第三百七十一條及ヒ第三百七十三條ノ規定ニ從ヒテ賣却シ其賣得金ヲ以テ辨濟ニ充ツルコトヲ得
392.　Where a person has notified the debtor of the exercise of a right of lien to which he is entitled, and fails within reasonable time to receive payment or guaranty, he is at liberty to sell the thing retained in conformity with the provisions in Articles 371 and 373 contained and to pay himself out of the proceeds.
第三百九十三條　雙務ノ契約ニ依リテ其履行ヲ求ムルコトヲ得ル者ハ他ノ一方カ履行ヲ爲スマテハ自己ノ義務ノ目的物ヲ留置スルコトヲ得但反對ノ契約又ハ商慣習アルトキハ此限ニ在ラス
393.　Where a person is entitled to claim performance of a bilateral contract, he may retain what he himself has to render until the other party has on his part performed what is owing from him, unless it is otherwise agreed or the same is contrary to the usages of trade.
第十一節　指圖證券及ヒ無記名證券
SECTION XI. DOCUMENTS TO ORDER AND DOCUMENTS TO BEARER.
第三百九十四條　或ル金額又ハ商品ノ引渡ニ係ル書面契約ヨリ生スル債權ハ契約書カ其明文又ハ商慣習ニ從ヒテ指圖式ナルトキハ裏書ヲ以テ之ヲ第三者ニ讓渡スコトヲ得
394.　The right under a contract in writing to claim delivery of a fixed sum of money or of specified goods, where the contract either expressly or according to the usages of trade runs to order, is transferable by indorsement to a third person.
第三百九十五條　指圖證券ノ發行人又ハ裏書讓渡人ハ其證券ニ指圖式ニ非サル旨ヲ明記シテ裏書讓渡スヲ得サルモノト爲スコトヲ得
395.　The maker or indorser of a document to order can render the same non-indorsable by a note on the document to such effect.
第三百九十六條　指圖證券及ヒ其裏書ニハ年月日ヲ記シ發行人又ハ裏書讓渡人之ニ署名捺印ス可シ
396.　Documents to order and every indorsement thereon are to be dated and are to bear the signature and seal of the maker and of each indorser.
第三百九十七條　發行又ハ裏書讓渡ノ緣由タル契約ノ合法ノ原因ハ之ヲ證券ニ揭クルコトヲ要セス但第三百七十條ノ規定ヲ妨ケス
397.　The lawful consideration of the contract in respect of which the document was made or indorsed need not be stated thereon, without prejudice, however, to the provision of Article 370.
第三百九十八條　指圖證券ノ裏書讓渡ハ白地ニテモ之ヲ爲スコトヲ得
398.　A document to order may be indorsed in blank.
第三百九十九條　指圖證券ノ發行人ハ受取證ヲ記シタル指圖證券ノ呈示及ヒ交付ヲ受ケタルトキハ豫メ引受ヲ爲サスト雖トモ其證券ニ記載シタル金額又ハ商品ヲ裏書讓受人ニ引渡ス義務アリ但第三百八十七條ニ依リテ留置權ノ原因タル反對債權ヲ有スル場合ニ於テハ其辨濟ヲ受ケタルトキニ限ル
399.　The maker of a document to order is, even without previous acceptance, bound to pay or to deliver to the indorsee the sum of money or the goods specified therein, but only upon presentation and delivery of the receipted document, and discharge of any counter-claims in respect of which he is, under Article 387 entitled to exercise a lien.
第四百條　指圖證券ノ發行人ハ呈示人ノ眞僞ヲ調査スル權利アルモ其義務ナシ然レトモ惡意又ハ甚シキ怠慢ニ付テハ此カ爲メ損害ヲ受ケタル者ニ對シテ其責ヲ負フ
400.　The maker of a document to order is entitled, but not bound, to take means to identify the person presenting the same ; he is, nevertheless, responsible, in the event of malicious intent or gross negligence, to any person injured thereby.
第四百一條　指圖證券ノ發行人ハ前二條ノ旨趣ニ從ヒ自己ニ屬スル抗辯又ハ證券面ヨリ生スル抗辯ニ依ルニ非サレハ義務ノ履行ヲ拒ムコトヲ得ス
401.　The maker of a document to order can only decline to fulfil his obligation on the ground of such pleas as anything contained in the two preceding Articles entitles him to raise, or as can be based on the document itself.
第四百二條　裏書讓受人カ裏書讓渡ニ因リテ受取リタル物ニ付キ如何ナル權利ヲ有スルカハ裏書讓受人ト裏書讓渡人トノ間ニ取結ヒタル契約ノ旨趣ニ依リテ之ヲ定ム
402.　The question as to what rights belong to an indorsee in respect of the objects transferred to him by reason of the indorsement depends on the contents of the contract concluded between himself and the indorser.
第四百三條　盜取セラレ又ハ紛失シ若クハ滅失シタル指圖證券ハ裏書讓渡アリタルト否トヲ問ハス民事訴訟法ニ從ヒテ權利者之ヲ無効トスル手續ヲ爲スコトヲ得
403.　Documents to order stolen, lost, or otherwise missing, whether indorsed or not, can be declared void in conformity with the provisions of the Code of Civil Procedure at the instance of the person entitled.
第四百四條　切手、切符其他ノ無記名證券ハ交付ノミヲ以テ之ヲ他人ニ轉付スルコトヲ得此等ノ證券ニ因リ所持人カ發行人ニ對シテ有スル權利ハ其證券ニ記載シタル旨趣又ハ法律、命令若クハ慣習ニ依リテ之ヲ定ム
404.　Tickets, cards, and other certificates of obligation to bearer are transferable by mere delivery. The right of claim to which the bearer thereunder becomes entitled as against the person issuing any such certificate is to be decided according to the provisions specified on the certificate itself or according to laws or ordinances or usage.
第八章　代辨人、仲立人、仲買人、運送取扱人及ヒ運送人
CHAPTER VIII. PUBLIC AGENTS, BROKERS, COMMISSION AGENTS, FORWARDING AGENTS, AND INLAND CARRIERS.
第一節　總則
SECTION I. GENERAL PROVISIONS.
第四百五條　代辨人、仲立人、仲買人及ヒ運送取扱人ノ權利義務ハ第七章第六節ニ揭ケタル原則ニ從ヒテ之ヲ定ム但下ノ數條ニ別段ノ規定アルモノハ此限ニ在ラス
405.　In so far as not specially provided for in the following Articles, the rights and obligations of public agents, brokers, commission agents, and forwarding agents are to be determined according to the principles laid down in Chapter VII, Section VI.
第二節　代辨人
SECTION II. PUBLIC AGENTS.
第四百六條　代辨人ハ商事ニ於テ他人ノ代理ヲ爲スヲ營業トスル商人タリ
406.　Public agents are traders who make a business of acting for other persons in commercial matters.
代辨人ハ或ル營業者ノ代辨店ノ業務ヲ取扱フ爲メニモ之ヲ置クコトヲ得
Public agents may also be employed to conduct the transactions of an agency of any person carrying on commercial business.
第四百七條　代辨人ハ自己ノ計算ヲ以テ商業其他ノ職業ヲ行ヒ又數人ノ代理ヲ引受クルコトヲ得然レトモ一箇ノ取引ニ付キ同時ニ雙方ヲ代理スルコトヲ得サルヲ通例トス
407.　A public agent may trade on his own account or exercise another calling, and may act as agent for more than one person ; he is not, however, as a rule, at liberty to act for both parties in one and the same transaction.
第四百八條　代辨ノ契約ハ一箇ノ取引ノ爲メ又ハ一種類若クハ數種類ノ取引ノ爲メ有期ト無期ト又明示ト默示トヲ問ハス之ヲ取結フコトヲ得又其契約ハ何時ニテモ一方ヨリ之ヲ解クコトヲ得然レトモ其契約ヨリ生シタル權利及ヒ過失ニ出ツル解除ニ因リテ被フラシメタル損害ヲ賠償スル義務ハ契約ヲ解キタルカ爲メニ妨ケラルルコト無シ
408.　The contract of employment of a public agent may be either express or implied and may be either for single transactions or for one kind or several kinds of transactions, and either for a fixed or for an indefinite period of time ; it may be cancelled at any time by either party, without prejudice, however, to rights resulting from the contract, or to the obligations to indemnify for any damage resulting by reason of wrongful cancellation.
第四百九條　代辨人ハ特ニ委任者ノ求ナキモ其委任セラレタル取引ノ範圍內ニ於テ委任者ノ利益ヲ謀ル義務アリ然レトモ滿期ト爲リタル自己ノ債權ノ辨濟ヲ受ケサル間ハ其任務ヲ續行スルコトヲ要セス
409.　It is the duty of every public agent, even without express request, to protect the interests of his principal in every particular of the transactions with which he is charged ; he is not, however, bound to continue his services unless he has first received payment of what is already due to him.
第四百十條　委任者ニ對スル代辨人ノ代理權ノ範圍ハ委任者ヨリ與ヘタル委任又ハ事後ノ承諾ニ依リテ之ヲ定ム常囑ノ代辨人ニ在テハ其事後ノ承諾ヲ以テ引續ノ委任ト看做ス但反對ノ情況又ハ明示アルトキハ此限ニ在ラス
410.　The extent of a public agent's cepacity to represent his principal is dependent on the instructions given him by such principal, or on subsequent ratification ; such ratification is, in the case of permanent agents, to be regarded as equivalent to continuing instructions unless the contrary appears from the circumstances, or from some express statement of the principal.
第四百十一條　代辨人ハ明示ノ委任ヲ受クルニ非サレハ契約ノ取結ヲ爲スコトヲ得サルヲ通例トス
411.　As a rule a public agent is only entitled to conclude contracts by virtue of express instructions.
第四百十二條　取引ノ取結ヲ爲スノミノ委任ヲ受ケタル代辨人ハ支拂ノ金錢若クハ差戾ノ商品ヲ受取リ又ハ異議ヲ承諾スル權利ナシ
412.　A public agent who is instructed merely to conclude transactions is not thereby empowered to receive payments or returned goods, or to admit reclamations.
第四百十三條　代辨人ハ別段ノ委任ヲ受クルニ非サレハ和解契約ヲ取結ヒ又ハ訴訟ヲ爲ス權利ナシ
413.　A public agent is not empowered to conclude compromises or to carry on legal proceedings, unless special instructions are conferred on him for the purpose.
第四百十四條　商品ノ引渡其他契約履行ノ爲メ委任ヲ受ケタル代辨人ハ其代價ノ支拂ヲ受クル權利アリト看做ス但委任者其反對ヲ明示シタルトキハ此限ニ在ラス
414.　A public agent instructed to deliver goods or to otherwise perform a contract is to be deemed to be empowered to receive payment in respect thereof, unless the contrary is expresely stated by the principal.
第四百十五條　代辨人ハ其取扱ヒ又ハ取結ヒタル取引ニ關シテハ過失アルトキ又ハ別段ニ義務ヲ負擔シタルトキニ限リ第三者ノ支拂資力ニ付キ委任者ニ對シテ責任ヲ負フ其別段ニ義務ヲ負擔シタル場合ニ於テハ第二百八十八條ノ規定ヲ適用ス
415.　In transactions conducted or concluded by a public agent, he is not responsible to his principal for payment by third persons, unless he is himself in fault or has specially undertaken such liability. In the latter case Article 288 applies.
第四百十六條　常囑ノ代辨人其行爲ニ付キ第三者ノ問ニ對シテ己レニ其權アリト明言シタルトキ又ハ其行爲カ慣習上委任ノ範圍內ニ在ルトキハ委任者ハ善意ナル第三者ニ對シテ責任ヲ負フ
416.　In respect of the acts of a permanent public agent, the principal is in every case to be held responsible to third persons, provided they acted in good faith, where such agent, on being questioned, expressly asserted he was thereunto empowered, or where the acts come within the usual scope of his instructions.
第四百十七條　代辨人其行爲ニ付キ第三者ヨリ口錢、報酬又ハ償金ヲ受クルトキハ之ヲ委任者ノ計算ニ歸ス可シ然ラサルトキハ委任者其行爲ニ付キ責任ナシト述フルコトヲ得
417.　Fees or any remuneration or indemnification received by a public agent from third persons in respect of acts undertaken by him are to be placed by him to the account of the principal, failing which the latter may declare such acts as not binding on him.
第四百十八條　代辨人ハ自己ノ受取ル可キ手數料、前貸金、立替金、費用及ヒ利息ノ爲メ第三百八十七條及ヒ第三百八十八條ノ規定ニ從ヒ委任者ニ對シテ留置權ヲ有ス又其現ニ支拂ヒタル立替金及ヒ費用ニ付テハ商慣習又ハ實際ノ必要ニ依リ又ハ委任者ノ利益ノ爲メ正當ト認ム可キモノニ限リ之ヲ委任者ノ負擔ニ歸スルコトヲ得
418.　A public agent has, as against his principal, a right of lien in accordance with Articles 387 and 388 in respect of any amount due to him for commission, advances, disbursements, expenses or interest. He is only entitled to charge his principal with such disbursements and expenses as have actually been caused him, and as in each individual case appear justified by the usages of trade or by the actual needs oi' interests of the principal.
第三節　仲立人
SECTION III. BROKERS.
第四百十九條　仲立人ハ官ノ認可ヲ受ケ他人間ノ商取引ノ媒介ヲ爲スヲ營業トスル商人ニシテ取引所ナキ地ニ於テハ商品、有價證券、貨幣及ヒ爲替ノ相場ヲ定メ及ヒ之ヲ公ニスル專權ヲ有ス其仲立人ノ行爲ハ總テ公ノ信用アルモノトス
419.　Brokers are traders who by virtue of official sanction carry on, as a business, the intermediate negotiation of commercial transactions between other persons. In places where no Exchange exists the brokers have the exclusive right to fix and publish the quotations for goods and documentary securities as well as the rates of money and of exchange. Brokers, when acting as such, have public credibility for their acts.
第四百二十條　仲立人ハ或ル部類ノ商取引ノ爲メニ認可セラルルコトヲ得
420.　Brokers can be appointed for particular branches of commercial transactions.
仲立人ハ仲立營業外ノ商業ヲ爲スコトヲ得ス然レトモ其地ノ情況ニ因リテ二箇以上ノ仲立營業部類ヲ一人ニ兼ネシムルコト及ヒ仲立人ヲシテ取引所ニ於テ其營業ヲ爲サシムルコトヲ官ヨリ又ハ取引所定款ニ於テ許スコトヲ得
They are prohibited from carrying on any other commercial business in addition to that of broker. By reason, however, of local circumstances, the competent authorities or the Exchange bye-laws may permit the union in one person of two or more kinds of broking and the admittance of brokers to the Exchange.
第四百二十一條　何人ニテモ年齡滿二十五歲ニ達シ少ナクトモ五年間其部類ノ商ニ從事シ且聲聞ニ瑕瑾ナキ者ニ限リ仲立人ト爲ルコトヲ得但破產シタル者ハ復權ヲ得タル後ニ非サレハ仲立人ト爲ルコトヲ得ス
421.　No person can be appointed broker unless he has completed his twenty-fifth year and has for a period of five years at least been occupied in the branch of trade in question, and unless he enjoys an irreproachable reputation. Persons who have become bankrupt can only be appointed after rehabilitation.
第四百二十二條　仲立人ハ其業務ヲ始ムル以前ニ保證金ヲ差出ス可キモノトス其額ハ各地及ヒ各商部類竝ニ二箇以上ノ仲立營業部類ヲ兼ネシムル場合ノ爲メ省令ヲ以テ之ヲ定ム然レトモ二萬圓ヲ超ユルコトヲ許サス
422.　Every broker is required to give security in money before entering on his employment ; the amount of such security is to be fixed by ministerial decree for each place and each branch of trade and for the case of two or more branches of broking being carried on by one broker ; it may, however, in no case exceed twenty thousand yen.
第四百二十三條　仲立人ノ員數ハ各地ノ爲メ及ヒ其地ノ各商部類ノ爲メ其需用ニ應シテ之ヲ定ムルコトヲ得
423.　The number of brokers admissible at any place, and for each branch of trade at any place, may be limited according to requirements.
第四百二十四條　仲立人ハ其資格アル者ニ其營業ヲ讓渡シ又ハ相續セシムルコトヲ得ルト雖モ其承繼人ハ官ノ認可ヲ受ケ及ヒ保證金ヲ差出シタル後ニ非サレハ其營業ヲ行フコトヲ得ス
424.　A broker may dispose of his business to, or may be otherwise succeeded therein by a qualified person ; his successor, however, is not entitled to carry on the same until he has obtained the official sanction and given the required security.
第四百二十五條　一地ノ仲立人又ハ一地ニ於ケル或ル商部類ノ仲立人十人以上アルトキハ其仲立人ハ官ノ認可ヲ受ケタル後組合ヲ成スコトヲ得此場合ニ於テハ其組合中ヨリ一个年ノ任期ニテ少ナクトモ三人ノ取締役ヲ選擧ス可シ總テ其地ノ仲立人ハ此組合ニ加入スル權利及ヒ義務アリ
425.　Where in any one place there are at least ten brokers in all or in any particular branch of trade, they can, after having obtained the sanction of the Government thereto, form themselves into a guild, and they are to elect from their number, for the space of one year at least three directors. Every broker of the place is both entitled and bound to enter such guild.
第四百二十六條　仲立人及ヒ仲立人組合ハ共通計算ヲ以テ仲立營業ヲ爲スコトヲ許サス之ニ背クトキハ仲立人ニ在テハ其營業ヲ禁止シ組合ニ在テハ其組合ヲ解散シ尙ホ其組合員ノ營業ヲ禁止ス然レトモ仲立人組合ハ其組合定款ニ從ヒテ各組合員ノ爲メニ共同保證ヲ引受クルコトヲ得
426.　Brokers or a brokers' guild are forbidden, under penalty in the case of brokers of the loss of their business privileges, and in the case of a brokers' guild, of dissolution and loss of the business privileges of its members to carry on the business of brokers on joint account ; a brokers ' guild may, however, undertake a joint security for any member in accordance with the provisions of the guild's byelaws.
第四百二十七條　仲立人組合ハ多數決ヲ以テ其營業ヲ行フ爲メノ定款ヲ設ク可シ此定款ハ商業會議所及ヒ取引所又ハ其一ノ存スル地ニ在テハ其承諾ヲ經且官ノ認可ヲ受クルコトヲ要ス各組合員ハ其定款ヲ遵守スル義務アリ
427.　Every brokers' guild is by vote of the majority, to establish bye-laws for the exercise of its business, for which the consent of the Chamber of Commerce and of the Exchange at the place in question, or of the one or the other only, where only one exists, and the sanction of the Government are necessary. Every member of the guild is bound to observe such bye-laws.
前項ノ規定ハ定款變更ノ場合ニ於テモ之ヲ適用ス
The provision of the preceding paragraph apply also in the case of alteration of the bye-laws.
定款ハ法律、命令、商慣習及ヒ其地ノ取引所定款ニ背戾スルコトヲ得ス
The bye-laws may not, however, conflict with the laws and ordinances, nor with the usages of trade and the Exchange bye-laws at the place in question.
第四百四十八條ノ規定ハ取締役ノ決議ニ付テモ之ヲ適用ス
The provisions of Article 448 apply also to resolutions of the directors of the guild.
第四百二十八條　取締役ハ左ニ揭クル權利及ヒ義務アリ
428.　The directors of a brokers' guild are entitled and bound :--
第一　仲立人カ其職務範圍內ニ屬スル取引ニ於テ法律、命令及ヒ仲立人組合定款ヲ遵守スルヤ否ヤヲ監視スルコト
i.　To see to the due observance by the brokers of the laws and ordinances, as well as of the bye-laws, in all transactions coming within the scope of their business ;
第二　組合員中ニ違犯者アルトキハ之ヲ懲責シ且必要ノ場合ニ於テハ其處罰及ヒ除名ヲ申立ツルコト
ii.　To call the members of the guild to account for any infringement of the above and, where necessary, to apply for their punishment and expulsion ;
第三　取引所ナキ地ニ於テハ各組合員ヨリ提出スル覺書ニ基キ少ナクトモ一週日每ニ爲替相場及ヒ貨幣、商品竝ニ有價證券ノ相場ヲ定メ及ヒ之ヲ公ニスルコト
iii.　In places where no Exchange exists to fix and publish at least once every week on the basis of the memoranda to be supplied by the members, the rate of exchange and the quotations for money goods and documentary securities ;
第四　其定メタル相場ヲ絕エス記入スル爲メ帳簿ヲ備ヘ且求ニ應シテ公定ノ相場書ヲ交付スルコト
iv.　To keep a continuous register of the rates and quotations thus fixed and, on demand, to deliver official certificates concerning them ;
第五　裁判所又ハ官廳ノ求ニ應シテ商ノ情況ヲ開陳シ又慣習ニ付キ意見ヲ陳述スルコト
v.　At the request of the Courts and authorities to give them information with regard to the condition of trade, as well as its opinion on usages of trade ;
第六　仲立人ノ認可及ヒ員數ノ增減ニ付キ意見ヲ陳述スルコト
vi.　To express its opinion with respect to the official sanctioning of brokers and the increase or reduction of the number of brokers ;
第七　總テ組合內部ノ事務ヲ管理スルコト
vii.　To administer all the internal concerns of the guild.
第四百二十九條　仲立人ハ其媒介スル取引ニ於テ雙方ヲ代理スル權利アリ
429.　A broker is entitled in transactions negotiated by him to represent both parties.
仲立人ハ正當ノ理由アルニ非サレハ何人ノ委任タリトモ之ヲ拒ムコトヲ得ス
He is not permitted without just cause to refuse to receive instructions given to him by any person.
第四百三十條　仲立人ハ自己又ハ他人ノ計算ノ爲メニスルモ自己又ハ他人ノ名義ヲ以テスルモ自己ニ直接又ハ間接ノ利害アル取引ヲ爲スコトヲ得ス
430.　A broker is not permitted to transact any business on his own or another's account, or in his own or another's name, if he directly or indirectly has any interest therein.
仲立人ハ他人ノ爲メニ支拂若クハ保證其他ノ擔保ヲ受ケ又ハ爲シ又ハ他人ノ爲メニ商品ニ對シテ前貸ヲ爲スコトヲ得ス
He is not permitted, on behalf of other persons, to accept or make any payment, or to accept or give a security or any other guaranty, or to make advances on goods.
仲立人ハ代務人又ハ商業使用人タル資格ヲ以テ他人ノ用ヲ辨スルコトヲ得ス
He is not permitted to act for any one in the capacity of trade procurator or trade assistant.
前三項ノ規定ヲ犯シテ仲立人ノ爲シタル取引ハ總テ無効トス
Every transaction entered into by a broker contrary to the provisions of the three preceding paragraphs is null and void.
第四百三十一條　仲立人ハ委任者ニ對シテ詳悉、完全及ヒ正實ニ必要ノ申吿ヲ爲ス可シ其申吿ニ付キ殊ニ其媒介シタル取引ニ關シテハ委任者ノ人違ニ非サルコト無能力者ニ非サルコト及ヒ署名捺印ノ眞正ナルコトニ付キ責任アルモノトス又其地ノ顯著ナル商人ニ於テ人違ニ非サルコトヲ擔保スルニ非サレハ面識ナキ人ノ爲メ又ハ之ニ對シテ取引ヲ媒介スルコトヲ得ス
431.　Brokers are to make all necessary statements accurately, completely, and truthfully, to the persons to whom they act as intermediaries and they are responsible therefor: in addition to this they are, in particular, in so far as concerns a transaction negotiated by them, responsible for the identity and capacity of such persons and for the genuineness of their signatures and seals. They may not negotiate transactions either for or with persons who are personally unknown to them, unless the identity of such persons is guaranteed them by some local trader of good standing.
第四百三十二條　仲立人ハ委任者ノ求ニ應シテ事ヲ祕スル義務アリ
432.　Brokers are bound to preserve secrecy when required so to do by their principals.
第四百三十三條　仲立人ハ其媒介シタル取引ニ付キ自ラ其商品ノ存在、品位及ヒ買主ノ支拂資力ヲ確認シ且其受取リタル雛形及ヒ見本ニ相當ノ記號ヲ附シ其取引ノ結了スルマテ之ヲ貯藏ス可シ
433.　In transactions negotiated by brokers in respect of goods, they are personally to convince themselves of the existence and quality of the goods and of the solvency of the purchaser, and to preserve, properly marked, the patterns and samples delivered to them, until the transaction is completely finished.
第四百三十四條　仲立人ハ手形其他ノ有價證券ノ取引ニ付キ委任ヲ受クルトキハ賣主ニ對シテハ證券ノ交付ヲ求メ買主ニ對シテハ價額ノ少ナクトモ百分ノ二十ノ前拂ヲ求ム可キモノトス
434.　In transactions respecting bills of exchange, promissory notes and other documentary securities, brokers are, on accepting instructions, to require from the vendor delivery thereof to themselves, and from the purchaser payment in advance of at least twenty per cent of the price.
第四百三十五條　仲立人ハ當事者ノ明言アルトキニ限リ取引ヲ取結フ權アリ匿名委任者ノ場合ニ於テハ取引取結ノ權限ニハ辨濟又ハ報償ヲ受クル權ヲ併セテ與ヘタルモノト看做ス
435.　Brokers are not empowered to conclude transactions otherwise than by virtue of the express statements of the parties thereto. In the case of undisclosed principals the authority to conclude a transaction is to be deemed at the same time to carry with it authority to receive performance or counter performance as the case may be.
第四百三十六條　仲立人ハ違法若クハ制禁ノ取引又ハ空取引ヲ媒介スルコトヲ得ス
436.　Brokers are not permitted to negotiate illegal, prohibited, or fictitious transactions.
第四百三十七條　仲立人ハ自ラ業務ヲ營ム可キモノニシテ殊ニ取引取結ニ付テハ使用人又ハ代理人ヲ用ユルコトヲ得ス
437.　Brokers are to exercise their functions as such personally ; in particular they may not make use of an assistant or agent in concluding transactions.
第四百三十八條　仲立人ハ其擔任義務ノ違背其他ノ過失ニ付キ委任者ニ對シテ損害賠償ヲ爲ス責ニ任ス
438.　Brokers are liable to their principals in damages for the violation of duties incumbent on them, and for every other fault.
第四百三十九條　匿名委任者ノ爲メ取結ヒタル取引ニ付テハ仲立人獨リ直接ニ請求ヲ受ク
439.　Claims arising out of any transaction concluded by a broker for an undisclosed principal lie directly and exclusively against the broker.
第四百四十條　仲立人ハ其取結ヒタル取引ノ要旨ヲ特設ノ日記帳ニ日日記入シ自ラ其記入ヲ日日閉鎖シテ之ニ署名捺印シ且遲クトモ翌日中ニ關係アル部分ノ謄本ニ署名捺印シテ之ヲ委任者雙方ニ交付ス可シ但其謄本ハ指圖式ト爲スコトヲ得
440.　Every broker is bound to enter, day by day, in a special day-book, the essential substance of the transactions concluded by him, and to personally close and sign and seal each day's entries ; he is also, and at the latest in the course of the next following day, to furnish each party to every transaction with a copy of the entries relating thereto signed and sealed by himself ; such copies may run to order.
其一方ニ於テ右謄本ノ旨趣ニ對シテ異議ヲ唱ヘ又ハ承諾スルコトヲ肯セサルトキハ仲立人直チニ之ヲ他ノ一方ニ通知ス可シ但他ノ一方カ匿名委任者ニ非サルトキニ限ル
Whenever a party questions the contents thereof or refuses to accept the same, the broker is forthwith to notify the fact to the other party, unless such party has remained undisclosed.
第四百四十一條　死亡シ又ハ退職シタル仲立人ノ日記帳ハ仲立人組合ノ取締役ニ於テ其組合ナキ地ニ在テハ裁判所ニ於テ之ヲ預リ置ク可シ
441.　The day-books of deceased or retired brokers are to be deposited with the directors of the brokers' guild, or, where none such exists, with the Court.
第四百四十二條　仲立人ノ手數料ハ別段ノ定例又ハ慣習ノ存スル場合ヲ除ク外其取引結了ノ後ニ非サレハ之ヲ受クルコトヲ得ス
442.　Brokerage cannot be charged until the transaction has been completed except where it is otherwise fixed by any rule or is otherwise customary.
手數料ノ額ハ仲立人組合定款又ハ慣習ニ依リテ之ヲ定ム
The rate thereof is determined by the brokers' bye-laws or by usage.
手數料ハ別段ノ契約又ハ慣習ナキトキニ限リ委任者雙方ヨリ各其半額ヲ拂フヲ通例トス
Unless otherwise agreed upon or customary, each party is as a rule to pay the moiety of the amount.
手數料ハ仲立人ノ過失ニ因リテ其契約ヲ相當ニ履行セサルトキハ之ヲ拂フコトヲ要セス
The broker cannot, however, claim payment, if, owing to his fault, the contract is not duly performed.
第四百四十三條　仲立人カ適法ノ手數料ヲ超過シタル報酬又ハ惠與ヲ委任者ノ一方ヨリ受ケタルトキハ他ノ一方ニ於テ其取引ヲ無効ナリト陳述スルコトヲ得
443.　The acceptance from one party of any remuneration or benefit over and above the legal brokerage entitles the other party to declare the transaction void.
第四節　取引所仲立人
SECTION IV. EXCHANGE BROKERS.
第四百四十四條　取引所ハ取引所定款ノ規定ニ從ヒテ商取引ヲ爲ス所ノ公設場トス
444.　An Exchange is a public institution where commercial transactions are effected in accordance with the provisions of the Exchange bye-laws.
第四百四十五條　相應ノ商アル地ニ於テハ其地又ハ其一區域內ノ商人ニ於テ一般又ハ或ル部類ノ商取引ノ爲メ官ノ認可ヲ得テ取引所ヲ設立スルコトヲ得
445.　Where sufficient trade exists, the traders of a place or of a district thereof may, with the sanction of the Government, establish an Exchange for commercial transactions in general or for particular branches of trade.
第四百四十六條　取引所ハ取引場ヲ定メ定款ヲ設ケ及ヒ取締役ヲ置ク可シ此諸件及ヒ其變更ニ付テハ官ノ認可ヲ受クルコトヲ要ス
446.　Every Exchange is to have a fixed place of Exchange, bye-laws and directors. All these, and every alteration of the same, are subject to the sanction of the Government.
第四百四十七條　取引所ノ事務及ヒ章程ハ特別ノ法律、命令アルニ非サレハ定款ヲ以テ之ヲ定ム若シ其定ナキトキハ取締役其定款ニ準據シテ之ヲ定ム
447.　In so far as no special laws or ordinances exist, the concerns and regulations of an Exchange are settled by the bye-laws of the Exchange, or where the same are not provided for therein by the directors in conformity therewith.
第四百四十八條　取締役ノ決議ヲ不當又ハ有害ナリトシテ異議ヲ述フル者アルトキハ農商務省ニ於テ雙方ヲ審訊シタル後其理由ヲ示シテ之ヲ裁決ス
448.　Where decisions of the directors are objected to as being unjust or prejudicial, the Department of State for Agriculture and Commerce, after hearing both sides, is to give its decision, accompanied by the grounds therefor.
第四百四十九條　或ル商品ヲ小賣ノ外ハ取引所ニ非サレハ商フヲ得サルコトヲ官ヨリ規定スルコトヲ得
449.　The Government may determine that, excepting in retail trade, certain goods may in any one or more places be dealt in only on Exchange.
此規定ニ違フ者ハ二圓以上二百圓以下ノ過料ニ處ス
Persons contravening render themselves liable to a fine of not less than 2 yen and not exceeding 200 yen.
前項ノ過料ニ付テハ第二百六十一條第一項ノ規定ヲ適用ス
With respect to the fine in the preceding paragraph mentioned, the provisions of the first paragraph of Article 261 apply.
第四百五十條　取引所ニ於テハ其賣買ヲ許サレタル商品ノ倉庫ヲ設置シ及ヒ指圖式ノ倉荷證書ヲ發行スルコトヲ得取締役又ハ取引所仲立人ハ其倉荷證書ニ對シテ前貸ヲ爲シ又ハ之ヲ買受クルコトヲ得ス
450.　An Exchange may establish a depot for the goods that may be dealt in thereon and may issue warehouse certificates to order. The directors and Exchange brokers are, however, prohibited from making advances on such certificates or acquiring them by purchase.
第四百五十一條　取引所仲立人ハ特ニ取引所仲立人トシテ官ノ認可ヲ受ケ且保證金ヲ差出シタル後取締役ヨリ其職ニ充テラルルモノトス其仲立人ハ取引所ノ定款其他ノ章程ヲ遵守スルコトヲ誓フ可シ
451.　Exchange brokers, after they have obtained the special sanction of the Government and have given the required security in money, are admitted by the directors and bound over upon oath to observe the Exchange bye-laws and other Exchange regulations.
第四百五十二條　仲立人組合ノ存在スル地ニ在テハ其組合取締役ノ中少ナクトモ一人ヲ取引所取締役ニ選ム可シ
452.　Where a brokers' guild exists, one director at least of such guild is to be elected to the director of the Exchange.
第四百五十三條　取引所ハ其取引ノ範圍ニ應スル員數ノ仲立人ヲ置ク可シ
453.　To every Exchange there is to be appointed a number of brokers corresponding to the extent of business thereon.
第四百五十四條　本法中仲立人ニ係ル規定ハ取引所仲立人モ之ヲ遵守ス可シ
454.　The provisions of this Code with regard to brokers are binding also on Exchange brokers.
第四百五十五條　仲立人、取引所仲立人及ヒ取引所ハ大藏省及ヒ農商務省ノ監督ヲ受ク
455.　Brokers, Exchange brokers and Exchanges are under the supervision of the Departments of Finance, and of Agriculture and Commerce.
第五節　仲買人
SECTION V. COMMISSION AGENTS.
第四百五十六條　仲買人ハ契約ニ從ヒ自己ノ名ヲ用井他人ノ計算ヲ以テ商業ヲ營ム商人タリ
456.　A commission agent is a trader who does business under contract in his own name on account of others.
第四百五十七條　仲買人ノ第三者ト取結ヒタル取引ノ効力ハ第三者ニ對シテハ委任者ノ委任又ハ承諾ニ關係セス
457.　The validity of transactions concluded by a commission agent with third persons is, with regard to such persons, not dependent on the instructions or ratification of his principal.
第四百五十八條　仲買人ハ委任者ノ與ヘタル委任ヲ遵守スル義務アリ其委任ノ踰越其他ノ過失ニ因リテ加ヘタル損害ニ付テハ委任者ニ對シテ其責ニ任ス
458.　A commission agent is bound to observe the instructions given him by his principal and is responsible to him for damage caused by exceeding the same or by any other fault.
第四百五十九條　仲買人事情避ク可カラサリシコトト委任者ノ爲メ更ニ大ナル損害ヲ防止シタルコトトヲ證明スルトキハ委任踰越ノ責ヲ免カル但委任者カ明示又ハ默示ニテ其委任ヲ必行ス可キコトヲ指定シタルトキハ此限ニ在ラス
459.　A commission agent is exempt from responsibility for exceeding his instructions, if he can show that such act on his part was unavoidable under the circumstances of the case and preserved his principal from further damage, unless his principal expressly or impliedly directed absolute fulfilment of what he has instructed.
第四百六十條　仲買人ハ委任踰越ニ因リテ委任者ノ損失ト爲リタル物價ノ差額其他計算上ノ差額ヲ自己ニ負擔スルヲ以テ委任踰越ノ責ヲ免カルルコトヲ得ス
460.　A commission agent is not permitted to free himself from responsibility for exceeding his instructions by taking upon himself to defray the difference in price or in other items of account thereby caused to the detriment of his principal.
第四百六十一條　仲買人ハ委任ニ背クニ因リテ委任者ノ利益ト爲リタル物價ノ差額其他計算上ノ差額ヲ自己ノ有ニ歸スルコトヲ得ス
461.　A commission agent may not retain for himself any difference in price or in other items of account arising in favour of his principal by reason of any deviation from his instructions.
第四百六十二條　第四百九條ノ規定ハ仲買人ニモ之ヲ適用ス殊ニ仲買人ハ取引施行ノ前後ヲ問ハス常ニ遲延ナク委任者ニ必要ノ報知ヲ爲シ且運送、貯藏、保險、賣買其他總テ商業上ノ作用ニ付キ十分ニ所有者ノ利益ヲ謀ル可シ
462.　The provisions of Article 409 are to be applied also to commission agents. In particular, a commission agent is at all times and without delay, before as well as after the execution of a transaction, to render to his principal all necessary information, and is fully to protect the interests of the owner in regard to transport, storage, insurance, purchase, sale and all other commercial operations.
第四百六十三條　仲買人ハ必要ノ前貸金ヲ遲滯ナク交付セラレ又ハ取引ヨリ生ス可キ自己ノ請求ニ對スル引當ヲ有シ若クハ擔保ヲ得タルトキハ總テ其營業ニ屬スル委任ヲ引受クル義務アリ
463.　A commission agent is bound to accept all instructions falling within the scope of his business, if he receives the requisite advances in proper time and has cover or guaranty for his claims arising out of the transaction.
第四百六十四條　仲買人委任ノ引受ヲ肯セサルトキハ直チニ之ヲ委任者ニ通知シ且寄託ノ貨物ヲ適當ニ保存スル義務アリ若シ其通知ヲ爲ササルトキハ委任施行ノ責ニ任ス
464.　Where a commission agent refuses to accept instructions, he is forthwith to notify such refusal to the person who gave them, failing which he is responsible for executing such instructions ; he must also make provision for the proper preservation of the goods entrusted to him.
第四百六十五條　仲買人ハ別段ノ契約ナキトキハ委任者ニ又ハ委任者ノ計算ヲ以テ第三者ニ前貸ヲ爲ス義務ナシ然レトモ委任者ノ承諾ヲ得タルトキ又ハ其承諾ナキモ商慣習アルトキハ委任者ノ計算ヲ以テ第三者ニ前貸ヲ爲シ又ハ信用ヲ與フル權利アリ
465.　In the absence of special agreement a commission agent is not bound to make advances to his principal or to third persons on his principal's account ; he is, however, entitled with the consent of his principal, or even without it in such cases as is customary according to the usages of trade, to make advances or to give credit to third persons on his principal's account.
第四百六十六條　仲買人ハ第四百十五條ノ規定ニ從ヒ第三者ノ支拂資力ニ付キ委任者ニ對シテ責ニ任ス然レトモ其責任ハ第三者カ責ニ任ス可キマテヲ以テ限トス
466.　A commission agent is responsible to his principal for the solvency of third persons in accordance with the provisions of Article 415, but only so far as such third persons are themselves liable.
第四百六十七條　委任者ハ仲買人ニ與ヘタル委任ノ未タ施行セサルモノニ限リ何時ニテモ之ヲ廢止シ又ハ變更スルコトヲ得
467.　A principal may at any time revoke or vary the instructions given to a commission agent, so far as they are not yet executed.
仲買人ハ第四百六十三條ノ規定ニ依リテ委任ノ引受ヲ拒ミ得ルトキニ限リ解約ヲ申込ム權利アリ但正當ニ其申込ヲ爲シタル後ト雖モ惡意又ハ怠慢ニ付テハ委任者ニ對シテ仍ホ責ニ任ス
A commission agent is only entitled to give notice of withdrawal from executing instructions, in cases in which he could refuse to accept the instructions in accordance with the provisions of Article 463 ; he remains liable to his principal, however, even after communication by him of a legally justified withdrawal for malicious intent or negligence.
第四百六十八條　仲買委任ノ關係ハ一方ノ破產ニ因リテ終ル又死亡其他委任ヲ施行スルコト能ハサル事由ニ因リテハ此事由ニ基キテ其關係ヲ解クコトヲ一方ヨリ明言シタルトキニ限リ終ルモノトス
468.　A commission agency is terminated by the bankruptcy of one of the parties ; in the event of death or other incapacity to execute the instructions, it is not terminated, unless one of the parties declares that he terminates it on the ground of such fact.
第四百六十九條　仲買人ハ仲買取引ノ外自己ノ計算ヲ以テ同種類又ハ他種類ノ取引ヲモ爲ス權利アリ
469.　A commission agent is entitled, in addition to business he does as such, to transact business of a similar or different nature on his own account.
前項ノ商人ニシテ仲買取引ヲ常業ト爲ササル者ニハ第四百六十三條ノ規定ヲ適用セス
Where such a trader does not habitually carry on the business of commission agent, the provisions of Article 463 do not apply.
第四百七十條　仲買人ハ委任者ニ於テ反對ノ明言ヲ爲ササルトキハ其受ケタル委任ヲ買主、賣主又ハ其他ノ者トシテ自己ノ計算ヲ以テ施行スルコトヲ得然レトモ委任者ニ對スル自己ノ權利及ヒ義務ハ變更スルコト無シ
470.　Unless the principal has expressly declared the contrary, a commission agent may execute the instructions on his own account as purchaser, vendor or otherwise as the case may be ; in such event, however, his rights and obligations with regard to his principal are in no way affected.
第四百七十一條　前條ノ場合ニ於テハ仲買人ヨリ自己ノ計算ヲ以テ引受ケタル旨ノ通知ヲ委任者ニ發送シタル時直チニ其委任ヲ施行シタルモノト看做ス
471.　In the cases in the preceding Article mentioned the instructions are to be deemed executed as soon as the commission agent has dispatched notice to his principal of his acceptance on his own account.
第四百七十二條　仲買人ハ委任施行ノ後之ヲ委任者ニ通知シ其取引ノ賣得金ヨリ自己ノ取分ヲ引去リテ之ヲ委任者ニ支拂ヒ又ハ其計算ニ立ツ可シ
472.　As soon as instructions have been executed, the commission agent is to notify his principal of the fact and is to pay to him or place to his account the proceeds of the transaction after deducting the amount due to himself.
第四百七十三條　委任者ノ計算ヲ以テ買入レ又ハ引受ケタル商品ハ委任ニ他ノ定ナキトキハ仲買人之ヲ委任者ノ處分ニ付シ其處分アルマテ適當ニ貯藏ス可シ其商品ノ運送ヲ周旋スル義務アルハ明示ノ委任アルトキニ限ル但自己ノ留置權ハ此カ爲メニ妨ケラルルコト無シ
473.　Where the instructions to a commission agent do not run otherwise, goods purchased or in other manner received on account of the principal are to be placed by him at the disposal of such principal, and are to be properly preserved by him until they are, disposed of. He is only bound to provide for the transmission of the goods by virtue of express instructions ; without prejudice, however, to his right of lien.
第四百七十四條　仲買人ノ取引ニシテ委任者ノ承認スル義務ナキモノハ其承認ナキニ拘ハラス仲買人ノ計算ニ於テハ有効トス然レトモ第三百八十一條ノ規定ハ此カ爲メニ妨ケラルルコト無シ又仲買人ハ委任者ニ總テノ損害ヲ賠償ス可シ
474.　Transactions concluded by a commission agent which the principal is not bound to recognize remain, notwithstanding they are not recognized, but without prejudice to the provision in Article 381 contained, valid on the commission agent's account, and the latter is bound to indemnify the principal for all damage sustained.
第四百七十五條　仲買取引ヨリ生シタル債權及ヒ債務ハ仲買人ノ直接ノ債權及ヒ債務タルヲ通例トス然レトモ仲買人其債權ヲ委任者ニ讓渡シ又ハ支拂資力ヲ失ヒタルトキハ委任者直チニ第三者ニ對シテ其債權ヲ主張スルコトヲ得
475.　Rights of claim and obligations arising out of commission agency transactions are, as a rule, direct rights of claim and obligations of the commission agent ; the former are, however, on assignment thereof to the principal, or in the case of the insolvency of the agent, directly enforceable against third persons by the principal.
第四百七十六條　仲買人ハ委任者ニ爲シタル前貸ノ償還ノ外尙ホ左ノ諸件ヲ求ムル權利アリ
476.　A commission agent is entitled to claim from his principal, in addition to repayment of any advances made to him :--
第一　必要又ハ有益ニシテ商慣習ニ適スルモノニ眼リ現ニ支拂ヒタル費用及ヒ立替金ノ辨償
i.　Reimbursement of all expenses and disbursements actually paid by himself, in so far as they were necessary or expedient, and in conformity with the usages of trade ;
第二　各地慣習又ハ契約上ノ仲買手數料
ii.　His commission, which is to be calculated according to the agreed upon or locally customary scale ;
第三　仲買人ニ於テ資力保證ヲ負擔シタルトキハ其保證料
iii.　Del credere commission, where the commission agent has taken upon himself such security.
仲買人ハ右ノ債權ニ付キ第三百八十七條及ヒ第三百八十八條ノ規定ニ從ヒテ留置權ヲ有ス
For the above rights of claim a commission agent is entitled to a lien in accordance with the provisions of Articles 387 and 388.
第四百七十七條　仲買人ノ過失ニ非スシテ委任ヲ施行セサリシトキト雖モ仲買人ハ慣習アル地ニ限リ仲買手數料ヲ求ムルコトヲ得但其額ハ通常手數料ノ半額ヲ超ユルコトヲ得ス
477.　Where instructions to a commission agent have remained unexecuted without fault attributable to him, commission can only be claimed where locally customary and, at the most, up to one half of the ordinary commission.
第四百七十八條　仲買人ハ仲買ノ爲メ取扱フ商品ニ自己ノ商標又ハ商號ヲ附スルコトヲ得
478.　A commission agent is entitled to place his own trade mark or firm name on goods dealt in by him on commission.
然レトモ其商品ニ附シタル他ノ商人又ハ製造人ノ商標又ハ製造標ヲ其承諾ヲ得スシテ變更シ又ハ除去スルコトヲ得ス又他ノ商人又ハ製造人ヨリ出テタル仲買商品ニ出所ノ區別ヲ表セスシテ自己ノ商標又ハ商號ヲ附スルコトヲ得ス
He may not, however, alter or remove the trade mark or sign of manufacture of other merchants or manufacturers existing on such goods without their consent, or place without any distinguishing sign his own trade mark or firm name on his commission goods originating from other merchants or manufacturers.
第四百七十九條　仲買人或ル見本又ハ雛形ニ從ヒテ委任ヲ施行ス可キトキハ反對ノ明約ナキトキニ限リ正當ノ所有者又ハ製出者ニ依ルニ非サレハ其委任ヲ施行スルコトヲ得ス之ニ違フトキハ委任者ハ其商品カ見本又ハ雛形ニ適スルト否トヲ問ハス其契約ヲ解クコトヲ得
479.　Unless the contrary is expressly agreed upon, a commission agent who has to execute instructions after a particular pattern or model may only cause them to be executed by the rightful owner or author of such pattern or model, failing which his principal is entitled to cancel the contract without regard as to whether the goods do or do not correspond to the pattern or model.
第四百八十條　書籍其他器械ヲ以テ複製スル學藝、技術上ノ製出物ノ發行引受ハ仲買營業ノ原則ニ依ル可シ
480.　The principles governing business on commission are to be applied to the publication on commission of books and other scientific or artistic works mechanically reproduced
第六節　運送取扱人
SECTION VI. FORWARDING AGENTS.
第四百八十一條　運送取扱人ハ契約ニ從ヒ自己ノ名ヲ用井他人ノ計算ヲ以テ商品其他ノ物ノ運送取扱ヲ營業トスル商人タリ
481.　A forwarding agent is a trader whose business consists in the transmission according to contract of goods and other articles in his own name on account of others.
運送取扱人ハ其營業ノ外亦自己ノ計算又ハ他人ノ計算ヲ以テ他ノ商取引ヲ爲スコトヲ得
A forwarding agent is not debarred from transacting, in addition, other business either on his own account or on account of others.
第四百八十二條　運送取扱人ハ運送賃ヲ約定シタルト否トヲ問ハス又其引受ケタル運送ヲ自己ノ運送具、賃借ノ運送具又ハ他人ノ運送具ヲ以テ施行スルト施行セシムルトヲ問ハス仲買人及ヒ運送營業人ト同一ノ責ニ任ス
482.　The responsibility of a forwarding agent is the same as that of a commission agent, as well as that of a carrier, whether a fixed charge for carriage has been stipulated or not, and irrespective of whether the transmission he undertook is performed by means of transport belonging to himself, or hired, or under the control of others.
第四百八十三條　運送取扱人ハ別段ノ契約ヲ爲ササルトキ又ハ直接ニ運送ヲ爲ス場合ニ於テハ其運送ヲ遞次施行スル總テノ中間運送取扱人、代辨人、運送營業人其他ノ人ノ爲メ運送營業人タル責ニ任ス
483.　Where not otherwise stipulated, and in all cases of through transport, a forwarding agent is responsible, as carrier, for all intermediary forwarding agents, and for all public agents, carriers, and other persons by means of whose successive services the transmission he undertook is carried out.
第四百八十四條　運送取扱人ハ運送狀ヲ發行ス可シ其運送狀ニハ左ノ諸件ヲ揭クルコトヲ要ス
484.　The forwarding agent is to make out a way-bill which must state :--
第一　年月日、運送取扱人ノ氏名及ヒ住所
i.　The date, and the names and domicile of the forwarding agent ;
第二　運送營業人ノ氏名及ヒ住所
ii.　The names and domicile of the carrier or of each of the carriers ;
第三　運送品ノ種類及ヒ重量
iii.　The kind of goods sent and their weight ;
第四　行李アルトキハ其箇數、性質及ヒ記號
iv.　The number, nature, and marking of the packages, if any ;
第五　約定シタル引渡ノ地及ヒ時
v.　The place and time of the promised delivery ;
第六　運送賃
vi.　The cost of carriage.
其他運送狀ニハ左ノ諸件ヲ揭クルコトヲ得
The way-bill may further state:--
第一　運送品ノ價額
i.　The value of the goods sent ;
第二　名宛人ノ氏名
ii.　The names of the addressee ;
第三　引渡ヲ遲延シタル場合ニ於テ支拂フ可キ損害賠償ノ額
iii.　The amount of indemnity payable in the event of delayed delivery.
第四百八十五條　運送狀ハ反對ヲ明記セサルトキハ指圖式トス又無記名式ニテ之ヲ發行スルコトヲ得
485.　A way-bill runs to order, unless the contrary is expressly mentioned. It may be made out to bearer.
第四百八十六條　運送品ノ差出人ハ運送狀一通又ハ數通ノ交付ヲ求ムルコトヲ得
486.　The consignor may demand delivery of one or more duplicates of the way-bill.
第四百八十七條　運送取扱人ハ其取結ヒタル總テノ運送取扱契約ヲ特設ノ帳簿ニ日日記入シ且其帳簿ヲ日日閉鎖シテ之ニ署名捺印ス可シ各運送狀ハ其帳簿ノ記入ト同文ナルコトヲ要ス
487.　Every forwarding agent is to enter day by day in a special book all forwarding contracts concluded by him, and is daily to close and sign and seal the same. Every way-bill must conform with the corresponding entries in the book.
第四百八十八條　運送狀ノ記入ニシテ運送取扱契約又ハ法律、命令ニ背戾スルモノハ無効トス
488.　Any thing in the way-bill mentioned which conflicts with the forwarding contract entered into or with existing laws and ordinances is without effect.
第四百八十九條　運送取扱人ハ左ニ揭クルモノヲ求ムルコトヲ得
489.　The forwarding agent may claim :--
第一　運送取扱人ヨリ運送品ニ對シテ爲シタル前貸及ヒ其立替ヘタル運送賃ノ償還
i.　Return of advances made by him on the goods, as well as the cost of carriage that has been paid by him ;
第二　運送取扱人ヨリ運送品ノ爲メニ支拂ヒタル必要又ハ有益ノ費用及ヒ立替金ノ辨償
ii.　Indemnification of the expenses and disbursements necessarily or advantageously paid by him in respect of the goods ;
第三　各地慣習又ハ契約上ノ運送取扱手數料但運送賃額ヲ定メタル場合ニ於テハ其手數料ヲ明約シタルトキニ限ル
iii.　The locally customary or agreed on forwarding commission ; where, however, there is a settled cost for carriage, only if they have been expressly stipulated for.
運送取扱人ハ右ノ債權ニ付テハ第三百八十七條及ヒ第三百八十八條ノ規定ニ從ヒ運送品ニ對シテ留置權ヲ有ス
For such rights of claim the forwarding agent has a right of lien over the goods in accordance with Articles 387 and 388.
第四百九十條　運送取扱人ノ債權ハ特約アルニ非サレハ到達地ニ於テ運送品ヲ引渡ス際運送取扱人、其受次人又ハ約定シタル運送ノ全部若クハ一分ヲ施行シタル者ヨリ始メテ之ヲ主張スルコトヲ得
490.　The rights of claim of the forwarding agent cannot, unless otherwise stipulated, be enforced either by him or those subsequent to him in the transmission, or by any person who has entirely or partially performed the transport stipulated for, until delivery of the goods at their destination.
第四百九十一條　運送取扱人ノ責任ニ因リテ生スル請求又ハ抗辯ニ對シテハ運送取扱人及ヒ前條ニ揭ケタル各人ハ連帶且無條件ニテ其責ニ任ス
491.　For claims or pleas founded on the responsibility imposed on the forwarding agent, he himself, as well as the other persons in the preceding Article mentioned are liable jointly and severally and unconditionally.
第四百九十二條　本節ノ規定ハ旅客ノ運送、新聞紙、電報、印刷物其他ノ物ノ送達竝ニ廣吿ノ取次其他ノ送達事業ヲ營業トスル人ニモ之ヲ適用ス然レトモ運送仲立人、代辨人、商事問合場及ヒ此類ノモノニハ之ヲ適用セス
492.　The provisions in this Section contained apply also to persons who undertake, as a business the conveyance of passengers, the transmission of newspapers, telegrams, printed matter and other things, the insertion by way of agency of advertisements, as well as other services of transmission, but not to freight brokers, public agents, reference or intelligence bureaus and similar institutions.
第七節　運送人
SECTION VII. INLAND CARRIERS.
第四百九十三條　運送人ハ陸上又ハ國內水上ニ於テ商品其他ノ物ノ運送ヲ營業トスル商人タリ
493.　An inland carrier is a person who undertakes, as a business, the transport of goods and other objects by land or inland navigation.
運送人ハ運送品ヲ引受ケタル時ヨリ其運送品ノ喪失、毀損及ヒ引渡ノ遲延ニ付キ責ニ任ス但此事實カ差出人ノ過失、運送品ノ性質又ハ不可抗力ニ因リテ生シタルトキハ此限ニ在ラス
He is liable from the moment of accepting the same for transport for the loss thereof and every damage thereto, as well as for delay in the delivery thereof, in so far as such events were not occasioned by the fault of the sender himself, by the nature of the goods or objects, or by irresistible force.
第四百九十四條　運送品ノ引渡ハ約定ノ期間ニ之ヲ爲ササルトキ又期間ノ約定ナキ場合ニ於テハ運送ヲ施行スル爲メ通例必要ナル期間ニ之ヲ爲ササルトキハ遲延シタルモノトス右ノ期間ハ孰レノ場合ニ於テモ運送狀ノ日附ヨリ若シ其日附ナキトキハ運送品ヲ引受ケタル時ヨリ之ヲ起算ス
494.　The delivery of goods is to be deemed delayed, when not made within the time agreed upon, or, in the absence of any express agreement as to time, within the time usually required for effecting the transport. Such time is in every case to be calculated from the date of the way-bill, or failing mention of such, from the date of acceptance of the goods for transport.
第四百九十五條　運送品ノ引渡ヲ遲延シタルニ付テノ賠償額ハ運送賃ノ三分一トス但此額カ損害ノ割合ニ應セサルトキ又ハ別段ノ額ヲ約定シタルトキハ此限ニ在ラス
495.　The amount of indemnity recoverable for delayed delivery of goods, where no other sum is agreed upon, or where it does not appear disproportionate to the amount of damage, is equal to one third of the cost of carriage.
第四百九十六條　運送品カ遲延又ハ一分ノ喪失若クハ毀損ニ因リテ其儘賣却シ若クハ使用シ得ヘカラサルニ至リタルトキ又ハ少ナクトモ其價額ノ四分三ヲ失ヒタルトキハ其運送品ヲ運送人ニ委付シテ全價額ノ賠償ヲ求ムルコトヲ得
496.　Where goods in the condition in which they are have become unsaleable or useless, or have lost at least three-fourths of their value, by reason of delay, partial loss or damage, compensation amounting to their full value may be claimed on their abandonment to the carrier.
第四百九十七條　運送品ノ各部又ハ各箇ノ喪失若クハ毀損ノ場合ニ於テ毀損セサル各部又ハ各箇ヲ其儘使用シ若クハ賣却シ得ヘカラサルトキハ其喪失若クハ毀損ニ因リテ運送品全部ニ付キ減シタル價額ヲ賠償ス可シ然レトモ其毀損セサル各部又ハ各箇ノ價額カ運送品全部ノ價額ノ四分一ニ超エサルトキハ前條ノ規定ヲ適用ス
497.　In the case of loss of or damage to a portion or to pieces of a consignment, the amount of compensation is to be the amount by which the total consignment is thereby diminished in value, if the undamaged portion or pieces cannot be used or sold in their then condition. The provision of the preceding Article applies, however, where the value of the undamaged portion or pieces does not exceed one fourth of the value of the total consignment.
第四百九十八條　賠償額ハ商品ニ在テハ引渡地ノ商價額ニ從ヒ其他ノ運送品ニ在テハ引渡地ノ普通價額ニ從ヒ第三百二十四條ノ規定ニ依リテ之ヲ計算ス可シ但運送狀ニ此ヨリ高キ價額ヲ揭ケサルモノニ限ル
498.　The amount of indemnity is to be calculated in conformity with the provisions of Article 324, taking in the case of commercial goods their commercial value, and in the case of other goods their ordinary value, at the place of delivery, unless a greater value is stated in the way-bill.
第四百九十九條　價額ニ付キ又ハ損傷ノ範圍ニ付キ當事者間ニ爭ノ生スルトキハ鑑定人ノ鑑定ニ因リ之ヲ定ム其鑑定人ハ當事者之ヲ任シ若シ當事者同意スルコトヲ得サルトキハ其申立ニ因リテ裁判所之ヲ任ス
499.　Disputes arising between the parties as to value or the extent of damage are to be decided by the opinion of experts, who are to be appointed by the parties themselves, or, where they cannot agree, by the Court on their application.
第五百條　金銀貨幣、貴金屬、寶石、金銀物、有價證券、證書類其他ノ高價物ニ在テハ其賠償ハ運送委託ノ際其物ノ性質及ヒ價額ヲ明吿シ且適當ニ廣吿シタル特別運送賃表ニ依リテ高額ノ運送賃ヲ承諾シタルトキニ限リ其實價ニ從ヒテ之ヲ求ムルコトヲ得
500.　In respect of gold or silver in specie, precious metals, precious stones, objects in gold or silver, documentary securities, documents, and other valuables, indemnification according to their actual value can only be claimed where at the time of entrusting the same for transport a declaration was made of their nature and value, and they were thereupon subjected to an increased charge for carriage in accordance with a properly published special tariff.
第五百一條　前條ニ揭ケサル運送品ニ在テハ運送人ハ豫メ適當ニ廣吿シタル運送賃表ヲ以テ各行李又ハ重量ニ付キ或ル金額マテニ限リ第四百九十八條ノ價額賠償ヲ辨濟ス可キ旨ヲ約定スルコトヲ得
501.　In the case of other goods the carrier may stipulate, by means of a fixed tariff properly published beforehand, that compensation as in Article. 498 provided will only be made up to a certain amount per package or weight.
第五百二條　前數條ニ揭ケタル賠償額ハ至當ノ理由ニ基キタル明示ノ契約ニ依ルニ非サレハ之ヲ增減スルコトヲ得ス
502.　The amount of the indemnity in the preceding Articles determined can only be increased or diminished by means of an express contract based on good and sufficient grounds.
第五百三條　運送人ハ甚シキ怠慢又ハ惡意ニ因リ總テノ場合ニ於テ第三百二十八條及ヒ第三百二十九條ノ規定ニ從ヒテ十分ナル損害賠償ノ義務ヲ負フ
503.　Gross negligence or malicious intent renders the carrier in all cases liable for full damages in conformity with the provisions of Articles 328 and 329.
第五百四條　運送人ハ使用人其他自己ノ引受ケタル運送ヲ爲スニ當リ使用スル者ノ爲メ責ニ任ス
504.　A carrier is responsible for persons in his service and other persons employed by him in effecting the transport he has undertaken.
第五百五條　或ル運送人ニ於テ引受ケタル運送ヲ之ニ次ク他ノ運送人ノ爲ストキハ其各運送人ハ連帶シテ責任ノ全部ヲ負擔ス
505.　Where the transport undertaken by a carrier is effected by other carriers subsequent to him, they may be held jointly and severally liable for the full amount.
第五百六條　運送人ハ運送ノ爲メ委託セラレタル貨物ニ付テハ差出人又ハ受取人ノ代辨人ト看做サレ差出人又ハ受取人ニ對シテ其貨物ノ保存及ヒ適當ナル運送ノ爲メニ必要ナル注意ヲ爲ス責ニ任ス
506.　Every carrier is to be deemed with regard to the goods entrusted to him for transport the public agent of the sender or of the person entitled to receive, and is responsible to him for omission of the diligence necessary for the preservation and proper conveyance of such goods.
第五百七條　第四百八十三條乃至第四百九十一條ノ規定ハ運送人ニモ之ヲ準用ス
507.　The provisions of Articles 483-491 apply correspondingly also to carriers.
第五百八條　差出人又ハ受取人ハ運送前ハ勿論運送中ト雖モ其約定シタル運送ノ施行ヲ止メ又ハ變スル權利アリ然レトモ運送人ニ屬スル求償權ハ此カ爲メニ妨ケラルルコト無シ
508.　Prior to and during transport the sender or the person entitled to receive as the case may be may stop or alter the carrying out of the stipulated transport ; without prejudice, however, to the right of recourse belonging to the carrier.
第五百九條　不可抗力其他ノ意外ノ事ニ因リテ約束シタル運送ノ著手又ハ續行ヲ妨ケラレ又ハ之ヲ爲スコトヲ得ス若クハ其危險ナルニ至リタルトキハ雙方ニ於テ前條ト同一ノ權利ヲ有ス然レトモ此場合ニ於テ運送人ハ既ニ爲シタル運送ノ割合ニ應スル運送賃ノ支拂及ヒ費用又ハ立替金ノ辨償ニ限リ之ヲ請求スルコトヲ得
509.　Both parties to the contract are entitled to the same right as that in the preceding Article mentioned in cases where the commencement or continuance of the stipulated transport is hindered, or rendered impossible or dangerous by irresistible force or accident ; in such case, however, the carrier is only entitled to payment of the cost of carriage in proportion to the transport already effected, and to be indemnified for any expenses and disbursements he may have incurred.
第五百十條　約定ノ運送ヲ爲サス又ハ中止シタルコトカ運送人ノ過失又ハ行爲ニ出テタル場合ニ於テ其運送人カ他ノ適當ナル運送人ヲ任セサルトキハ差出人又ハ受取人ハ契約ヲ解除シ又ハ賠償ヲ求ムルコトヲ得
510.　Where the failure to perform the stipulated transport or where any interruption therein is due to the fault of the carrier, or is occasioned by him. and he omits to supply another fit and proper carrier, the sender or the person entitled to receive, as the case may be, has the option of cancelling the contract or of claiming indemnification.
第五百十一條　運送人カ運送品又ハ運送狀ヲ最初ニ定メタル受取人ニ交付セサル間ハ差出人ハ運送前ト運送中トヲ問ハス其運送品ニ付キ運送狀ニ揭ケタルモノニ異ナレル處分ヲ爲スコトヲ得
511.　Prior to or during the carrying out of the stipulated transport the sender is entitled to make any disposition with regard to the goods other than that mentioned in the way-bill, so long as the carrier has not delivered the goods or the way-bill to the person originally designated as entitled to receive.
第五百十二條　運送人ハ其求メラレタル運送カ特別ナル危險ヲ免カルルコトヲ得サルトキ又ハ其平常爲ス運送營業ニ屬セサルトキノ外ハ適法ノ理由アルニ非サレハ其運送委託ノ引受ヲ拒ミ又ハ其引受ヲ困難ナル條件ニ繫ラシムルコトヲ得ス殊ニ非常ノ情況アルトキノ外ハ運送具又ハ運送設備ノ不完全ナルヲ以テ口實ト爲スコトヲ得ス
512.　A carrier is not entitled, without lawful cause, to decline to accept the instructions for transport given to him or to make his acceptance thereof dependent on onerous conditions, excepting where the transport he is required to effect is accompanied with special risk or does not fall within the usual scope of his business ; in particular, he may not, save under exceptional circumstances, allege insufficient means of transport or insufficient transport arrangements.
第五百十三條　運送狀又ハ其他ニ指名シタル受取人ハ自己ノ名ヲ以テスルト他人ノ名ヲ以テスルトヲ問ハス到達地ニ於テ運送狀ニ從ヒ運送人ニ對シテ運送契約ヨリ生スル債權ヲ主張スルコトヲ得
513.　On arrival of the carrier at the place of destination the right of claim arising on the contract of carriage is enforceable against the carrier, according to the contents of the way-bill, by the person entitled to receive named therein or otherwise indicated, either in his own name or in that of some third person.
第五百十四條　運送狀又ハ其他ニ指名シタル受取人カ運送品ノ引受若クハ差出人ノ附シタル條件ノ履行ヲ拒ムトキ又ハ運送賃其他運送人ノ正當ナル債權ノ支沸ヲ爲ササルトキ又ハ其受取人ヲ搜出スルヲ得サルトキハ運送人ハ運送品ヲ公ノ倉庫ニ寄託シ又ハ裁判所ノ命令ニ依リテ他人ニ寄託シ及ヒ第三百九十二條ノ規定ニ從ヒ其總債權ノ額ニ滿ツルマテ之ヲ賣却スルコトヲ得
514.　Where the person named in the way-bill or otherwise indicated as the person entitled to receive refuses either to accept the goods or to fulfil the conditions imposed by the sender, or where he fails to satisfy the cost of carriage and other lawful rights of claim of the carrier, or where he is not to be discovered, the carrier may deposit the goods in a public warehouse or, by virtue of an order of the Court, in the hands of a third person, and may sell them in conformity with the provisions of Article 392 to the extent of the full amount of his right of claim.
第五百十五條　受取人留保ヲ爲サスシテ運送品ヲ受取リ及ヒ運送人ニ支拂ヲ爲シタルトキハ運送人ニ對スル總テノ請求權ハ消滅ス
515.　By acceptance of the goods and payment of the carrier without reservation by the person entitled to receive, every claim against the carrier becomes extinguished.
第五百十六條　喪失、毀損又ハ遲延ノ爲メ運送人ニ對スル總テノ訴及ヒ抗辯ノ權ハ運送品ノ引渡ヲ爲シタル日又全部喪失ノ場合ニ於テハ其引渡ヲ爲ス可カリシ日ヨリ一个年ヲ以テ時効ニ罹ル
516.　All rights of action and all pleas against a carrier in respect of loss, damage, or delay, are prescribed after the expiration of one year from the day on which delivery of the goods took place, or, in the event of total loss, should have taken place.
第八節　旅客運送
SECTION VIII. INLAND CONVEYANCE OF PASSENGERS.
第五百十七條　陸上又ハ國內水上ニ於テ通例運送賃ヲ受ケテ旅客ヲ運送スル者ハ其運送ヲ爲スニ當リ旅客ノ爲メ至重ノ注意ヲ爲ササルニ因リテ之ニ加ヘタル身體上ノ傷害ニ付キ賠償ヲ爲ス義務アリ但爭アル場合ニ於テハ自己ノ過失ニ非サルヲ證明スルコトヲ要ス
517.　Every person conveying passengers by land or inland navigation in return for the habitual payment of a fare is liable to indemnify such passengers for personal injury caused them by reason of failure on his part to exercise the utmost diligence in carrying them. In case of dispute it is for the carrier to prove that he has been free from blame.
第五百十八條　損害賠償ハ傷害ヲ被フリタル者ニ生セシメタル治療費及ヒ特別ノ給養費ノ賠償ト慰藉金トヲ包括ス其慰藉金ハ災害ノ結果ノ輕重、長短及ヒ罹災者ノ所得ノ關係ヲ斟酌シテ之ヲ定ム
518.　The indemnification consists in the reimbursement of medical expenses and of the extra cost of maintenance caused to the injured party, and in exemplary damages, which are to be fixed according to the gravity and duration of the consequences of the accident, as well as according to the earning powers of the party injured thereby.
第五百十九條　災害ノ爲メ死亡シ又ハ永久ノ癈疾、不具若クハ所得無能力ト爲リタルトキハ慰藉金ノ額ハ尙ホ罹災者ノ家族ノ生計ノ需用ヲモ斟酌シテ之ヲ定ム
519.　Where death or permanent injury, infirmity, or incapacity of earning has resulted from the accident, the amount of exemplary damages is to be fixed after taking also into consideration the requirements of maintenance of the family of the deceased or sufferer.
第五百二十條　旅用行李ニ付テハ旅客カ携帶スルト否ト又別段ノ報酬ヲ支拂フト否トヲ問ハス之ヲ旅客運送人ニ交付シ且必要ノ場合ニ於テ其性質及ヒ價額ヲ明吿シタルトキハ旅客運送人ハ運送人ト同一ノ責ニ任ス
520.　The responsibility of a carrier of passengers for passengers' luggage is the same as that of an inland carrier, if such luggage has been delivered to him and, where when necessary, the nature and value thereof have been declared, irrespective of whether the passenger accompanies it, or whether a separate charge is payable therefor or not.
第五百二十一條　手荷物ニ付テハ旅客運送人ハ過失ノ責ノ自己ニ歸スル場合ニシテ其手荷物カ現實且相當ノ旅行需用ヲ充タスニ必要ナルモノニ限リ賠償ノ責ニ任ス
521.　A carrier of passengers is only responsible for hand baggage in so far as he is chargeable with fault and in so far as it is necessary to satisfy the actual and reasonable requirements of the journey.
第五百二十二條　旅用行李ハ別段ノ委託ナキトキハ旅行ノ終ニ於テ之ヲ旅客ニ交付シ若シ交付スルコトヲ得サルトキハ三日間保藏ス可シ此期間ノ滿了後ハ旅客運送人ノ責任ハ第三百四條ノ規定ニ從フ
522.　Passengers' luggage, in the absence of other instructions, is to be handed over to passengers at the termination of the journey, or if this cannot be done to be kept in safe custody for the space of three days ; after the expiration of this period the responsibility of the carrier is to be measured in conformity with the provisions of Article 304.
第五百二十三條　前諸條ノ外ハ旅客及ヒ行李ノ運送ニ付キ前節ノ規定ヲ適用ス其旅客ノ衣服又ハ裝具ニ對シテハ留置權ヲ行フコトヲ得ス
523.　In other respects the provisions of the preceding Section apply also to the carriage of passengers and luggage. No lien can be exercised upon the wearing apparel of passengers.
第五百二十四條　旅客及ヒ行李ニ付テノ責任ハ運送賃ヲ前拂ニ爲シタルト否トニ拘ハラス又之ヲ支拂フコトヲ要セサル場合ト雖モ仍ホ存スルモノトス
524.　The responsibility for passengers and luggage exists without regard to whether the fare or the charge for luggage was prepaid or not, and even where, in particular cases, no such fare or charge was payable.
第九章　賣買
CHAPTER IX. SALE.
第一節　賣買契約
SECTION I. CONTRACTS OF SALE.
第五百二十五條　契約取結ノ時現ニ存在シ且賣主ニ處分權ノ屬スル物ニ非サレハ賣買契約ノ目的物タルコトヲ得ス
525.　The subject-matter of a contract of sale can only be a thing which is already in existence at the time of conclusion of the contract and over which the vendor possesses the right of disposal.
第五百二十六條　他人ノ物ト雖モ其占有ヲ正當ノ方法ヲ以テ取得シタル者ハ所有權移轉ノ時ニ於テ買主善意ナルトキハ之ヲ賣買スルコトヲ得但無記名證券ヲ除ク外盜品又ハ紛失品ハ此限ニ在ラス
526.　A thing belonging to another can be sold by a person who has obtained possession thereof in a lawful manner, provided that the purchaser acts in good faith at the time of the transfer of the right of ownership. Such thing, however, unless it be a document to bearer, must not have been either lost nor stolen.
第五百二十七條　契約取結ノ時現ニ存在スルモ天然ノ原因ニ由リテ未タ引渡ス能ハサル物ノ賣買契約ハ其物カ引渡スヲ得ヘキモノト爲ラハトノ條件ヲ以テスル契約タリ但當事者カ他ノ意思ヲ有スルトキハ此限ニ在ラス
527.　A contract for the sale of a thing, which is already in existence at the time of conclusion of such contract, but delivery of which is by natural causes not then possible, is, in the absence of any other intention of the parties, a contract upon the condition that the thing becomes capable of being delivered.
第五百二十八條　契約取結ノ時既ニ存在セサル物ノ賣買契約ハ雙方孰レモ此事實ヲ知ラス且其存在ノ確實ナラサルコトヲ認メテ之ヲ取結ヒタルトキハ有効トス
528.　A contract for the sale of a thing, which at the time of such contract no longer exists, is valid, if neither of the parties had knowledge of the fact and the contract was concluded with due regard to the uncertainty of the thing being in existence.
第五百二十九條　賣主カ買戾ヲ約定スル賣買契約ハ差額取引又ハ違法ノ高利取引其他ノ不法ノ取引ヲ目的トシテ之ヲ取結ヒタルトキハ無効トス
529.　A contract of sale, in which the vendor stipulates for the right of repurchase, is invalid if it was concluded for the purposes of a transaction relating to differences, or for the purposes of an illegal usurious or other unlawful transaction.
第五百三十條　初ヨリ履行ノ意思ナクシテ取結ヒ又ハ取得若クハ讓渡ヲ禁セラレタル物ニ付キ取結ヒタル賣買契約ハ無効トス
530.　All contracts of sale are invalid which are from the outset concluded without the intention of performance, or which are concluded for the sale of things of which acquisition or alienation is prohibited.
第五百三十一條　買主ハ賣買契約ノ取結ニ因リ又條件附契約ノ場合ニ於テハ其條件ノ成就ニ因リ又物ヲ先ツ量定シ若クハ分割スルコトヲ要スルトキハ其量定、分割若クハ符記ニ因リテ物ノ所有者ト爲リ且其喪失若クハ毀損ノ危險ヲ負擔ス
531.　Conclusion of the contract of sale or, where it is a conditional contract, fulfilment of the condition, or, where the thing has first to be measured or set apart, the measurement, separation, or indication thereof, passes the ownership of the thing to the purchaser, and the risk of loss thereof or damage thereto has to be borne by him.
二人以上ニ屬スル共有物ノ持分ヲ賣渡スニ付テハ豫メ其量定若クハ分割ヲ爲スコトヲ要セス
In the case of a sale of a share in a quantity of goods the joint-property of two or more persons, no previous measurement or separation is required.
第五百三十二條　㸃檢又ハ甞試ノ上ニテ爲ス賣買契約ハ買主カ其物ヲ承諾セハトノ條件ヲ以テ之ヲ取結ヒタリト看做ス
532.　A sale on inspection or trial is deemed to be concluded subject to the condition that the purchaser approves the thing.
買主カ契約若クハ商慣習ニ因リテ定マリタル期間又ハ㸃檢若クハ甞試ノ爲メ必要ナル期間ニ其承諾ヲ述ヘサルトキハ條件ハ成就セサリシモノト看做ス之ニ反シテ㸃檢又ハ甞試ノ爲メ賣買物ヲ買主ニ引渡シタル場合ニ於テ買主カ右期間ノ滿了マテニ承諾ヲ述ヘス又其物ヲ賣主ニ還付セサルトキハ條件ハ成就シタルモノト看做ス
If the purchaser fails to express his approval within the time fixed by contract or the usages of trade, or necessary for inspection or trial, the condition is to be deemed as not fulfilled ; the condition, however, is to be deemed fulfilled, if the thing having been delivered to the purchaser for inspection or trial, he has failed, before the expiration of the time mentioned, either to express himself with regard to approval of the thing, or to return it to the vendor.
第五百三十三條　商標、見本、雛形又ハ試品ヲ以テ爲ス賣買契約ハ無條件ノモノニシテ此契約ニ依リテ賣主ハ物カ商標、見本、雛形又ハ試品ニ適合ス可ク且別段ノ契約アルニ非サレハ其物カ商標、見本、雛形又ハ試品ノ所有者又ハ製出者ニ由來ス可キ義務ヲ負フ
533.　A sale according to trade mark, pattern, model or sample, is an unconditional contract, by which the vendor engages that thing conforms to such trade mark, pattern, model or sample, and, unless otherwise stipulated, that it emanates from the owner or author of the trade mark, pattern, model or sample.
第五百三十四條　物ヲ㸃檢ノ後無條件ニテ賣買シタルトキハ賣主ハ自己ノ詐欺又ハ買主ノ重要ナル錯誤アル場合ノ外ハ其擔保ヲ引受ケ又ハ買主ニ隱蔽シタル欠缺若クハ瑕疵ニ付テノミ責任ヲ負フ
534.　Where a thing is bought unconditionally after inspection, the vendor, excepting in the case of his own deceit or of material mistake on the part of the purchaser, is only liable for deficiencies or defects in respect of which he gave a warranty, or which he knowingly failed to disclose to the purchaser.
買主ハ欠缺若クハ瑕疵ノ些少ナルトキ又ハ賣主ニ過失ナキトキハ代價ノ相當ナル減少ノミヲ求ムルコトヲ得
In the case of trifling deficiencies or defects, or where no fault is chargeable to the vendor, the purchaser is only entitled to claim a proportionate abatement in price.
第五百三十五條　商品及ヒ代價ヲ明細ニ記載シテ見本、雛形、試品、商品目錄其他ノ取引上ノ通吿書ヲ指定セル人ニ送付シタルトキハ其送付ハ覊束セラルル提供ト看做ス但送付者カ其提供ヲ變更スル權利ヲ留保シタルトキハ此限ニ在ラス
535.　The forwarding to any particular person with the goods and prices specially indicated, of patterns, models, samples, catalogues, and other business notices is to be deemed a binding offer of sale, unless the sender has reserved to himself the right to vary his proposals.
第五百三十六條　契約取結ノ後直チニ賣主ハ物ヲ引渡シ及ヒ代價ヲ受取リ買主ハ物ヲ受取リ及ヒ代價ヲ支拂フ可キ權利及ヒ義務アリ但契約又ハ商慣習ニ依リテ此義務ノ履行ノ爲メ或ル期間ノ存スルトキハ此限ニ在ラス
536.　Immediately on conclusion of the contract, the vendor is entitled and bound to deliver the thing and to receive the price, and the purchaser to accept the thing and to pay the price, unless a certain interval of time is allowed by contract or the usages of trade for the fulfilment of the said obligations.
第五百三十七條　別段ノ定例、契約又ハ商慣習ナキトキハ物ノ引渡ハ賣主ノ費用ヲ以テ之ヲ爲シ其受取、檢査及ヒ代價支拂ハ買主ノ費用ヲ以テ之ヲ爲ス
537.　In the absence of any rule, provision of the contract or usage of trade to the contrary, the delivery of the thing takes place at the expense of the vendor, and acceptance, examination and the payment of the price, at the expense of the purchaser.
第五百三十八條　物ノ引渡マテハ賣主ハ至重ノ注意ヲ爲ササルニ因リテ生セシメタル喪失又ハ毀損ニ付キ買主ニ對シテ責任ヲ負フ但買主カ受取ヲ遲延シタルトキハ此限ニ在ラス
538.　Until delivery, the vendor, excepting where the purchaser is in arrear in taking delivery, is liable to him for the loss of the thing or for damage thereto, if such loss or damage was brought about by his failure to exercise the utmost diligence.
第五百三十九條　契約取結ノ前豫メ物ヲ買主ニ引渡シタルトキハ買主ハ賣主ニ對シテ前條ニ揭ケタル責任ヲ負フ
539.　Where delivery of the thing to the purchaser takes place before conclusion of the contract, the same liability as in the preceding Article mentioned is imposed on the purchaser towards the vendor.
第五百四十條　契約取結ノ時物カ第三者ノ手ニ存在スルトキハ其第三者ハ賣主ニ引渡スト同樣ニ其物ヲ買主ニ引渡ス義務アリ
540.　Where at the time of conclusion of the contract the thing is in the hands of a third person, such person is bound to deliver it to the purchaser, in the same manner as he would have to deliver it to the vendor.
第五百四十一條　代價ヲ明示ニテ定メサリシ場合ニ於テ當事者ノ別段ノ意思ナキトキハ履行ノ時及ヒ地ニ於ケル市場代價又取引所ニ於テ賣買スル物ニ在テハ取引所相場代價ヲ支拂フコトヲ要ス
541.　Where the price is not expressly fixed, the market price or in the case of things dealt in on Exchange the Exchange quotation current at the time and place of performance is in the absence of any other intention of the parties, the price payable.
買主ハ別段ノ契約又ハ商慣習ナキトキハ物ノ引渡前ニ代價ヲ支拂フ義務ナシ
In the absence of any contract or usage of trade to the contrary, the purchaser is not bound to pay the price before delivery of the thing.
第五百四十二條　買主ハ物ノ欠缺若クハ瑕疵又ハ引渡ノ遲延ニ付キ仲立人ヲシテ賣主ノ費用ヲ以テ故障證書ヲ作ラシメ之ヲ賣主ニ送付スル權利アリ
542.　By reason of deficiency or defect in the thing, or delay in delivery the purchaser is entitled, at the expense of the vendor, to protest through a broker and to communicate the protest to the vendor.
第五百四十三條　別段ノ契約ナキトキハ賣主ハ履行ノ時及ヒ地ニ於テ普通ナル品質ノ商品ヲ引渡ス義務アリ
543.　In the absence of any other contract, the vendor is bound to supply the goods in the quality current at the time and place of performance.
右ノ規定ハ壜、箱其他ノ容器、外包ニシテ商品ノ引渡若クハ轉賣ノ用ニ供スルモノ又ハ運送ノ用ニ供スル外包ニシテ商品ノ形狀、性質ヲ保全スルニ必要ナルモノニモ之ヲ適用ス
This provision applies also to the bottles, cases, and other vessels or packing in which they are to be delivered or again sold, as well as to the packing which serves merely for the purpose of their transport, in so far as the same is necessary for the preservation of the condition and nature of the goods.
第五百四十四條　買主商品ヲ受取リタルトキハ卽時ニ其分量及ヒ品質ヲ檢査シ欠缺又ハ瑕疵アラハ之ヲ賣主ニ通知スル義務アリ
544.　The purchaser is bound immediately on receipt of the goods to examine their quantity and quality, and to notify the vendor of any deficiencies or defects.
後ニ至リ發見シタル欠缺又ハ瑕疵ニ付テハ賣主カ擔保ヲ引受ケ若クハ詐欺ヲ行ヒ又ハ買主カ商品ノ性質ニ因リ卽時檢査ヲ爲ス能ハサリシ場合ニ於テ其發見後直チニ通知ヲ爲シタルニ非サレハ買主ハ訴又ハ抗辯ヲ以テ其權利ヲ主張スルコトヲ得ス
He can only claim in respect of deficiencies or defects discovered later on, or plead the same, if the vendor has given a special warranty, or was guilty of deceit or the nature of the goods precluded the immediate examination thereof, and if notice of such deficiencies or defects was given forthwith on discovery of the same.
第五百四十五條　賣主カ契約ノ一分ノミヲ履行シタルトキハ買主ハ其全部ヲ解除スルコトヲ得但當事者ノ意思ニ依リテ一分ノ履行ヲ爲シ得ヘキトキハ此限ニ在ラス此場合ニ於テハ代價ハ其爲シタル履行ノ割合ニ應シテ之ヲ支拂フコトヲ得
545.　Where a vendor makes part performance only, the purchaser can cancel the entire contract, unless it was the intention of the parties that part performance should be admissible. In the latter case a price proportionate to the actual performance is to be paid.
若シ賣主カ完全ノ履行ヲ爲シタル場合ニ於テ買主カ代價ノ一分ノミヲ支拂ヒタルトキハ賣主ハ第三百二十三條ニ揭ケタル權利ヲ主張シ又ハ其支拂ヲ受ケサル部分ヲ取戾シテ之ヲ自己又ハ買主ノ計算ニテ賣却スルコトヲ得
Where, on the other hand, the vendor has made complete performance, but the price has been paid only in part by the purchaser, the vendor can enforce his rights in Article 323 mentioned or can claim return from the purchaser of the things sold in proportion to the amount of the price remaining unpaid, and can resell the same either on his own account or on that of the purchaser.
第五百四十六條　風袋ノ重量ハ明示ノ契約又ハ商慣習アルニ非サレハ商品ノ重量ニ算入スルコトヲ得ス
546.　The weight of the packing is to be counted in the weight of the goods only where there is an ex press contract to that effect, or where it is so prescribed by the usages of trade.
風袋ノ重量トシ又ハ損敗、毀損ノ部分トシテ買主ニ增數若クハ增量ヲ與フルヤ否ヤ及ヒ其多少ハ契約又ハ商慣習ニ從フ
In like manner, whether an increased number or increased quantity is to be given to the purchaser by way of compensation for the weight of the packing or goods spoilt and damaged, and the extent thereof are determined by the contract or the usages of trade.
第五百四十七條　買主ヨリ物ノ欠缺又ハ瑕疵ニ付テ通知若クハ故障ヲ受ケタルトキハ賣主ニ於テモ仲立人其他ノ鑑定人ヲシテ其物ノ現狀及ヒ品質ヲ檢査セシムルコトヲ得
547.　On receipt of a notice or protest from the purchaser with regard to deficiencies or defects in the thing, the vendor is on his part entitled to have an examination made of its actual condition or quality by a broker or other expert.
第五百四十八條　當事者又ハ其鑑定人ニ於テ協議調ハサルトキハ裁判所ヨリ任スル鑑定人其物ノ現狀又ハ品質ヲ査定ス
548.　If the parties or their experts are unable to agree, the actual condition or quality of the thing is to be determined by an expert to be appointed by the Court.
第五百四十九條　買主カ物ノ受取ヲ拒ムトキハ遲延ナク其物ヲ賣主ノ處分ニ付スルコトヲ要シ又此處分ヲ爲シ又ハ當ニ爲スヘキニ至ルマテ其貯藏ニ注意スルコトヲ要ス
549.　Where a purchaser declines acceptance of a thing, he must forthwith place it at the disposal of the vendor and, until such disposal is or ought to have been effected, he is bound to provide for the keeping of the thing.
買主ハ賣主ノ委託アルニ非サレハ其物ヲ賣主ニ送還スル權利及ヒ義務ナシ
A purchaser, unless so instructed by the vendor, is neither bound nor entitled to send back such thing to the vendor.
第五百五十條　買主ハ其拒ミタル物ノ代價ヲ既ニ支拂ヒタルトキ又ハ其物カ損敗シ若クハ價ヲ失フニ至ル可キモノナルトキハ賣主ノ計算ヲ以テ之ヲ賣却スルコトヲ得買主ノ利益ノ爲メニスル賣却ニ在テハ第三百九十二條ノ規定ヲ遵守スルコトヲ要ス
550.　The purchaser may sell the rejected thing on account of the vendor where he has already paid the price therefor or where such thing is of a nature to spoil or lose in value. In the case of such sale by the purchaser to protect his own interests the provisions of Article 392 must be observed.
第五百五十一條　買主ハ賣主ニ對シテ遲クトモ物ノ引渡マテニ送品勘定書ヲ得ント求メ又代價支拂ノ爲メ受取證書ヲ得ント求ムルコトヲ得
551.　The purchaser is entitled to require the vendor to furnish him with an account, not later than delivery of the thing, and to make out a receipt for the payment of the price.
第二節　供給契約
SECTION II. CONTRACTS OF SUPPLY.
第五百五十二條　供給契約ハ契約取結ノ時未タ現存セサル物又ハ賣主ニ處分權ノ屬セサル物又ハ仍ホ運送中ニ在ル物又ハ指圖證券、無記名證券ヲ以テ若クハ必要ナル名前書替ヲ以テ引渡ス可キ物ノ賣買契約タリ
552.　A contract of supply is a contract for the sale of a thing which at the time of concluding the contract either does not yet exist, or over which the vendor has no right of disposal, or which is still in transit, or of which delivery is to take place by means of a document to order or to bearer, or by means of some requisite changing by writing of names.
第五百五十三條　供給契約ハ雙方ヲ覊束ス然レトモ物ノ所有權及ヒ危險ハ其物ヲ引渡スニ因リ始メテ買主ニ移ル
553.　A contract of supply once concluded is binding on both parties thereto ; the right of ownership and risk in the thing, however, only pass to the purchaser upon delivery to him of the thing.
第五百五十四條　天然ニハ現在スト雖モ未タ人ノ威力內ニ在ラサル物ハ之ヲ現存セサルモノト看做ス
554.　Things naturally extant, but not yet in man's power, are to be deemed non-existent.
第五百五十五條　買主ニ引渡スニ至ルマテ其送付ニ付キ賣主カ責任ヲ負フ物ハ之ヲ運送中ニ在ル物ト看做ス
555.　Things, for the transmission of which until delivery to the purchaser the vendor is responsible, are to be treated as equivalent to things in transit.
運送中ニ在ル物ヲ指圖證券、無記名證券ヲ以テ又ハ其他ノ間接ノ方法ヲ以テ賣渡シタルトキハ賣主ハ其物ノ引渡ニ至ルマテ全部ノ喪失又ハ毀損ノ危險ヲ負擔ス又買主ハ一分ノ喪失又ハ毀損ニ付テハ代價ノ相當ナル減少ヲ請求スルコトヲ得
Where things in transit are sold by means of a document to order or to bearer, or by some other indirect method, the vendor bears, until delivery, the risk of their total loss or total damage ; in respect of partial loss, or partial damage, the purchaser is entitled to claim a proportionate reduction in the price.
第五百五十六條　指圖證券、無記名證券等ヲ以テスル供給契約ノ場合ニ在テハ此證券等ニ基キテ物ヲ引渡ス義務アル第三者ニ買受代價ヲ支拂フニ因リテノミ其物ヲ買主ニ引渡スコトヲ得ルハ契約又ハ商慣習アルトキニ限ル
556.　In the case of a contract of supply by means of a document to order or to bearer or the like, it can be determined by contract or the usages of trade that delivery of the thing to the purchaser may only take place on payment of the price to the third person bound by such means of sale as aforesaid to deliver the thing.
供給契約ノ目的物ニ質權ノ存スルトキハ尙ホ第三百七十七條ノ規定ヲ遵守スルコトヲ要ス
Where a pledge right exists over the subject-matter of the contract of supply, the provisions of Article 377 are also to be observed.
第五百五十七條　指圖證券、無記名證券等ニ基キテ引渡ス可キ物ノ引渡ヲ得サルトキハ買主ハ供給契約ヨリ生スル權利ヲ賣主ニ對シテ行フコトヲ得但當事者ノ意思又ハ取引ノ性質ニ因リテ賣主カ責任ヲ免カル可キトキハ此限ニ在ラス
557.　Where no delivery of the thing deliverable under a document to order or to bearer or the like is made to the purchaser, he may enforce against the vendor his rights arising from the contract of supply, excepting where, in accordance with the intention of the parties or the nature of the transaction, the vendor is to be free from liability.
第五百五十八條　本節ノ規定ノ外賣買契約ノ原則ハ供給契約ニモ之ヲ適用ス
558.　The principles governing contracts of sale are to be applied also to contracts of supply, in addition to the provisions in this Section contained.
第三節　競賣
SECTION III. AUCTIONS.
第五百五十九條　他人ノ爲メ公ノ競賣ヲ爲スヲ營業トスル者ハ其受ケタル競賣ノ委託ヲ適法ノ理由ナクシテ拒ムコトヲ得ス
559.　A person carrying on, as a business, the holding of public auctions for others may not decline, without lawful reason, instructions given to him for such purpose.
第五百六十條　取引所ニ於テ爲ス競賣ハ取引所仲立人ニ非サレハ之ヲ爲スコトヲ得ス
560.　Auctions on an Exchange can only be held by Exchange brokers.
第五百六十一條　支拂資力ナキコト又ハ惡意アルコトニ付キ理由アル嫌疑ノ存セサル者ハ公ノ競賣ニ於テ競買スルコトヲ得
561.　Any person is entitled to bid at a public auction, so long as no reasonable suspicion exists as to his solvency or good faith.
第五百六十二條　競賣人ハ自己ノ爲メニ競買ヲ爲スコトヲ得ス又賣主ハ競買ヲ爲ス權利ヲ明示シテ留保シ且詐欺ニ因リテ代價ヲ昻ラシムル目的ナキトキニ限リ競買ヲ爲スコトヲ得
562.　No auctioneer may bid on his own account, and a vendor is only permitted to bid where he has expressly reserved the right to do so, and where his object is not to thereby fraudulently force up the price.
第五百六十三條　明示ノ留保ナキトキハ競賣ニ付シタル物ハ其期日ニ於テ最高額ノ競買人ニ競落セラル
563.　In the absence of any express reservation, things brought to auction are at the time fixed for sale, to be adjudicated to the highest bidder.
第五百六十四條　競落カ最終ノ競買人ニ歸シタルトキハ競賣ノ各箇ノ物又ハ番號ニ付キ賣買契約ヲ取結ヒタルモノトス
564.　The contract of sale is concluded in respect of each article or number so soon as the adjudication is given to the last bidder.
第五百六十五條　二人以上同時ニ最高ノ價額ヲ呼ヒタル場合ニ於テ物ヲ共同シテ取得スルコトヲ欲セサルトキハ競落ハ其者ノ中更ニ最高價ノ競買ヲ爲ス者ニ歸ス
565.　Where two or more person make the highest bid at the same time and they are not willing to take the thing in common, the adjudication is given to the one who on a further bidding amongst themselves makes the highest bid.
第五百六十六條　最終ノ競買無効ナルトキ又ハ競賣人之ヲ承諾セサルトキハ其競落ハ之ニ次ク最高價ノ競買人ニ歸ス
566.　Where the last bid is invalid or is not accepted by the auctioneer, the adjudication is given to the person who made the bid immediately preceding.
第五百六十七條　各競買人ハ競賣前ニ競賣人ヨリ公吿シタル競賣ノ條件ニ服從ス可シ但其條件カ違法ノモノナルトキハ此限ニ在ラス
567.　Every bidder is bound by the conditions of sale publicly made known by the auctioneer prior to commencement of the auction, in so far as such conditions are not contrary to law.
印刷シ又ハ其他書面ニテ定メタル條件ハ競賣人ノ口頭陳述ヲ以テ之ヲ變更シ又ハ廢止スルコトヲ得ス
Conditions of sale drawn up in print or in writing cannot be altered or cancelled by a verbal statement of the auctioneer.
第五百六十八條　競賣人ハ競買ニ付キ及ヒ賣買契約ノ取結竝ニ履行ニ付キ買主ノ代理ヲモ引受クルコトヲ得然レトモ競賣ノ爲メ委託セラレタル物ヲ競賣スル以前ニ其物ニ對シテ賣主ニ前貸ヲ爲ス權利ナシ
568.　An auctioneer may in addition represent purchasers in bidding, and in concluding and carrying out the contract of sale. He is not, however, at liberty to make advances to the vendor upon things entrusted to him for sale by auction before they are sold.
第五百六十九條　競賣ノ費用ハ賣主ニ於テ之ヲ負擔スルコトヲ要ス但別段ノ契約アルトキハ此限ニ在ラス
569.　The expenses of sale by auction are, unless otherwise stipulated, to be borne by the vendor.
第五百七十條　競賣人ハ契約上又ハ慣習上ノ競賣手數料ト競賣ニ付キ支拂ヒタル費用及ヒ立替金ニシテ競賣手數料中ニ包含セサルモノノ賠償トヲ賣主ニ對シテ請求スルコトヲ得又競賣人ハ此債權ノ爲メ及ヒ適法ニ賣主ニ爲シタル前貸ノ爲メ競賣物又ハ其代價ニ付キ留置權ヲ有ス
570.　The auctioneer has a right of claim against the vendor for the stipulated or customary commission, and for indemnification of the expenses and disbursements incurred by him in the sale, in so far as these are not covered by his commission. For such right of claim, and for any advances lawfully made by him to the vendor, the auctioneer is entitled to a lien upon the things entrusted to him for sale or upon the price obtained therefor.
第五百七十一條　競賣人ハ賣主ニ對シ怠慢、不熟練又ハ惡意ニ因リテ加ヘタル損害ニ付キ責任ヲ負フ
571.　The auctioneer is responsible to the vendor for every damage he occasions the latter by his negligence or unskillfulness or with malicious intent.
第四節　取戾權
SECTION IV. STOPPAGE IN TRANSIT.
第五百七十二條　賣買契約ノ取結後買主其支拂ヲ停止シ又ハ其取結前既ニ支拂停止ト爲リタルコトヲ賣主ノ知リタル場合ニ於テ賣主カ他ノ方法ヲ以テ十分ナル支拂又ハ擔保ヲ受ケサルトキハ賣主ハ買主又ハ其指圖シタル人ニ宛テタル運送中ノ賣買物ヲ取戾スコトヲ得但未タ買主若クハ其代人ノ占有ニ移ラサルモノ又ハ買主若クハ其代人カ有効ニ轉賣シ若クハ質入セサルモノニ限ル
572.　Where, after the conclusion of a contract of sale, the purchaser suspends payment, or the fact of his having already done so prior to such conclusion becomes known to the vendor, and the latter does not otherwise receive payment in full or guaranty, he may take back the thing sold, which is in transit to the purchaser or to his order, in so far as it has not yet come into the possession of the purchaser or of his representative, or has not been validly resold or pledged by him.
第五百七十三條　轉賣ハ後ノ買主善意ニシテ且其代價ノ相當及ヒ眞實ナルトキニ限リ有効トス若シ未タ其代價ヲ支拂ハサルトキハ初ノ賣主ハ自己ノ債權ノ額ニ滿ツルマテ後ノ買主ニ對シテ其支拂ヲ求ムルコトヲ得
573.　The re-sale of the goods to a subsequent purchaser is only valid, if, on such sale being effected, he was acting in good faith, and if it was effected in return for a reasonable and actual price ; if such price has not been paid, the original vendor may require it to be paid to himself up to the amount of his right of claim.
第五百七十四條　取戾權ハ賣主カ掛賣ヲ爲シ又ハ一分ノ支拂ヲ受ケ又ハ買主ト交互計算ノ關係ヲ有スルニ因リテ之ヲ失フコト無シ然レトモ賣主カ爲替手形ヲ振出シ又ハ手形其他ノ信用證券ヲ買主ヨリ受取リ代價全額ノ支拂ニ充テタル場合ニ於テ此等ノ證券ニ義務者トシテ買主若クハ其代人ノ外第三者ノ署名アルトキハ取戾權ヲ失フ
574.　The right of stoppage in transit is not precluded by the fact that the vendor has given credit for the price, or that he is in receipt of part payment thereof, or that account current relations exist between him and the purchaser ; such right is, however, precluded by the drawing by the vendor of bills of exchange or by his receipt of bills, notes or other instruments of credit from the purchaser in respect of the full price, provided such instruments bear, apart from the signature of the purchaser or of his representative, the signature of a third person as bound thereon.
第五百七十五條　買主ノ支拂停止ニ至ラントスルニ付キ理由アル嫌疑アルトキ又ハ切迫ナル取引情況ノ爲メ支拂停止ヲ爲スコトノ測リ難キトキハ眞ノ支拂停止ヲ爲シタルニ同シ
575.　Reasonable suspicion of impending suspension of payment by the purchaser or of the possibility thereof on account of embarassed business circumstances, is equivalent to actual suspension of payment.
第五百七十六條　貨物ヲ買主ノ倉庫ニ入レ又ハ買主ノ名ヲ以テ倉庫ニ寄託シタルトキハ運送賃、關稅其他貨物ノ負擔スル費用ヲ支拂ヒタルト否トヲ問ハス買主又ハ其代人ニ於テ占有ヲ得タリト看做ス
576.　The taking possession by the purchaser or his representative is to be deemed effected, when the goods have been brought into his warehouse, or have been deposited in a like place in his name irrespective of whether the cost of carriage, custom dues, or other expenses attaching to the goods, have been previously paid by him or not.
第五百七十七條　取戾權ハ運送ニ因リ又ハ運送ニ關シ貨物ノ負擔スル費用、立替金其他ノ債務殊ニ運送賃、仲買手數料、運送取扱手數料、關稅、保險料若クハ海損共擔金ノ支拂又ハ償還ヲ爲スニ非サレハ之ヲ行フコトヲ得ス
577.　The right of stoppage in transit can only be exercised on payment or reimbursement of the expenses, disbursements, or other claims attaching to the goods in respect of transport or occasioned thereby, in particular of cost of carriage, commission, forwarding commission, custom dues, insurance, and average.
第五百七十八條　取戾權ハ貨物賣渡ノ委任ヲ受ケタル仲買人又ハ其代人カ既ニ貨物ヲ占有シ又ハ之ヲ第三者ニ賣リタルトキト雖モ委任者ヨリ其仲買人又ハ其代人ニ對シテ之ヲ行フコトヲ得貨物買受ノ委任ヲ受ケタル仲買人ヨリ其委任者ニ對シテモ亦同シ
578.　The right of stoppage in transit can also be exercised by the principal against a commission agent charged with the sale of goods or his representative, even where he is already in the possession of the goods or has sold them to a third person ; such right can be similarly exercised by a commission agent, charged with the purchase of goods, against the principal.
第五百七十九條　取戾權ハ左ノ場合ニ於テ亦之ヲ行フコトヲ得
579.　The right of stoppage in transit can likewise be exercised:--
第一　手形其他ノ信用證券ニ關シテハ或人カ他ノ者ノ債務者ニ非スシテ交互計算ノ爲メ又ハ貯藏、取立若クハ保證ノ爲メ又ハ支拂ヲ爲サシメンカ爲メ之ヲ他ノ者ニ送リ且其證券カ未タ金錢ニ交換セラレスシテ受取人ノ方ニ存在スル場合
i.　With respect to bills of exchange, promissory notes and other instruments of credit, transmitted by one person to another, without his being the debtor of the latter, in account current, or for the purpose of keeping, or for collecting, for security, or for the purpose of therewith making for him some payment, provided the same without having been realized are still in the hands of the addressee ;
第二　金錢ニ關シテハ或人カ前號ト同一ノ目的ヲ以テ之ヲ他ノ者ニ送リ其金錢カ未タ受取人ニ達セス又ハ達シタル後其受取人之ヲ自己ノ計算ニ移サス若クハ之ニ付キ其他ノ處分ヲ爲ササル場合
ii.　With respect to sums of money already dispatched by one person to another for the same purpose, but which have not yet reached the addressee, or which have already reached the addressee but have not been placed by the latter to his own account or otherwise disposed of by him.
第十章　信用
CHAPTER X. CREDIT.
第一節　消費貸借
SECTION I. LOAN FOR CONSUMPTION.
第五百八十條　消費貸ハ債權者ヨリ又ハ債權者ノ計算ヲ以テ他人ヨリ債務者ニ又ハ債務者ノ計算ヲ以テ他人ニ之ヲ爲スコトヲ得
580.　A loan for consumption may be made either by the creditor direct or by another person on his account, and either to the debtor direct or to another person on his account.
第五百八十一條　債務者ノ計算ヲ以テスル前貸若クハ支拂又ハ定マリタル義務ノ引受ハ直接ノ契約ニ出ツルト其他雙方間ニ存在スル契約關係ニ出ツルトヲ問ハス消費貸ニ同シ
581.　Every advance or payment, and every taking over of a definite obligation on account of the debtor, whether in consequence of direct contract or of some other contractual relation existing between the parties, stands on the same footing as a loan for consumption.
第五百八十二條　債務者ハ常ニ同種、同量ノ物ヲ償還スル義務アリ但同種、同量ノ償還ヲ爲スコトヲ得ス又ハ當事者ノ意思ニ依リテ爲スコトヲ要セサルトキハ此限ニ在ラス
582.　The debtor is bound in every case to repay the subject-matter of the loan in equal kind and quantity, in so far as such repayment can take place or is intended by the parties to take place.
第五百八十三條　商品又ハ有價證券ノ消費借ニ付テハ債務者ハ別段ノ契約ナキトキ又ハ特定物ナルトキハ其領收ノ時ト地トニ於ケル價額ヲ償還スルコトヲ要ス
583.　For a loan for consumption in goods or documentary securities, the debtor, unless otherwise agreed upon, and in all cases where he received a specific object, must return the money value thereof at the time and place of receipt.
第五百八十四條　債務者ノ名ヲ記シタル信用證券又ハ債務者ノ計算ヲ以テ發行シタル信用證券ハ債務者其金額ヲ償還スル義務アルトキニ限リ債務者ニ於テ又ハ債務者ノ計算ヲ以テ之ヲ讓渡シ又ハ其他ノ方法ニテ之ヲ付與スルニハ券面記載ノ滿額ヲ以テスルコトヲ要ス之ニ違フトキハ其證券ヲ無効トス然レトモ割引ヲ爲スコトハ此カ爲メニ妨ケラルルコト無シ
584.　An instrument of credit running in the name of the debtor or issued on his account, cannot, where the debtor is bound to repay the amount named thereon, be negotiated or otherwise transferred by himself or on his account excepting for its full face value, in the contrary event such instrument of credit loses its validity. The allowance of a discount is not, however, hereby excluded.
第五百八十五條　裏書讓渡ス可キ信用證券其他流通ス可キ信用證券ヲ以テ消費貸ヲ爲シタルトキハ右證券ニ債權者又ハ債務者トシテ記載セラレタル者ヲ以テ債權者又ハ債務者ト看做ス
585.　Where a loan for consumption is made on an indorsable or otherwise negotiable instrument of credit, the persons who are to be regarded as creditor and debtor are those who are indicated as such on the instrument.
第五百八十六條　債務者ハ明示ノ契約ナキモ其消費借ヲ償還スル義務アリ但反對カ當事者ノ意思又ハ其取引ノ性質ニ依リテ推知スルコトヲ得ヘキトキハ此限ニ在ラス
586.　The debtor is bound, even without an express contract, to repay a loan for consumption received by him, unless the contrary was intended by the parties or is to be presumed from the nature of the transaction in question.
第五百八十七條　債務者カ約定ノ豫吿又ハ相當ノ豫吿ノ後何時ニテモ消費借ヲ償還スル權利ハ豫メ契約ヲ以テ之ヲ奪フコトヲ得ス然レトモ別段ノ契約ナキトキハ債務ノ主タルモノ及ヒ從タルモノヲ割引ナク一囘ニ償還スルニ非サレハ債權者之ヲ領收スルコトヲ要セス
587.　The debtor can in no case be deprived by contract of the right at any time to repay a loan for consumption after previous stipulated or reasonable notice ; the creditor, however, unless otherwise stipulated, is only bound to accept the principal and subsidiary amount of the debt in full in one payment, and without the deduction of a discount.
第五百八十八條　無期ノ消費借ニ於テハ債務者ハ相當ノ豫吿ノ後何時ニテモ之ヲ償還スルコトヲ得然レトモ債權者ハ相當ノ豫吿ノ後ニシテ且惡意ナキトキニ非サレハ其償還ヲ求ムルコトヲ得ス
588.　Where a loan for consumption is given for a time uncertain, the debtor may at any time make repayment thereof after previous reasonable notice ; the creditor, however, can only demand repayment after previous reasonable notice and in the absence of violation of good faith.
第五百八十九條　第五百八十五條ノ場合ニ於テハ償還ノ義務ハ期間ヲ定メテノミ之ヲ約定スルコトヲ得
589.　In the cases in Article 585 specified the obligation of repayment can only be agreed upon for a certain time.
第五百九十條　元債ノ償還ハ若シ債務者カ契約上負擔シタル利息ノ支拂ヲ二期以上遲延シ又ハ支拂停止ト爲リ又ハ資產上切迫ナル情況ニ至リタルトキハ反對ノ契約アルニ拘ハラス約定期間ノ滿了前ニ之ヲ求ムルコトヲ得
590.　Repayment of the principal of a loan may, irrespective of any contract to the contrary, be claimed before the stipulated time if the debtor remains in arrear with the interest due pursuant to the contract for longer than one interest term, or if he suspends payment or falls into embarrassed circumstances.
第五百九十一條　第五百八十一條ノ場合ニ於テハ債權者ト債務者トノ間ニ存スル契約關係ニ準據シテノミ債權ヲ主張スルコトヲ得
591.　In the cases in Article 581 mentioned the creditor's right of claim is enforceable only in conformity with the contractual relations existing between himself and the debtor.
第五百九十二條　總テ消費貸又ハ他人ノ爲メニスル資本ノ交付若クハ使用ニ付テハ取引ノ性質ニ依リテ定マリタル慣習上ノ利息ヲ求ムルコトヲ得但明示ノ契約又ハ前條ノ規定ニ反スルトキハ此限ニ在ラス
592.　In so far as is not contrary to express contract or to the preceding Article, interest, to such amount as is by the nature of the transaction determinable and customary, may be claimed for every loan for consumption, and for all capital paid out or employed for another.
第五百九十三條　滿期ト爲リタル利息カ差引殘額ノ計算若クハ其他ノ淸算ニ因リ又ハ特別ノ契約ニ因リテ元債ニ組入レラレタルトキハ其利息ノ利息ヲ求ムルコトヲ得
593.　Interest can only be claimed upon interest which has become due after this has been added to the principal, either by balancing of an account, or by some other settlement of account, or by special contract.
第五百九十四條　元債全額ノ償還ニ對スル單一ナル受取證書ハ其利息ヲモ併セタル受取證書ト看做ス
594.　A simple receipt acknowledging repayment of the principal in full is at the same time to be regarded as a receipt with respect to the interest due on such principal.
第五百九十五條　任意ニ支拂ヒタル利息ハ其償還ヲ求ムルコトヲ得ス
595.　Interest paid voluntarily cannot be reclaimed.
第五百九十六條　債權者ハ直接ノ償還ヲ受クルニ換ヘ主タルモノ及ヒ從タルモノヲ併セタル債務ノ額ニ滿ツルマテ自己ノ計算ヲ以テ他人ニ支拂ヲ爲シ又ハ手形若クハ支拂手形ノ引受若クハ支拂ヲ爲シ又ハ其他債務ノ擔任ヲ爲ス可キコトヲ債務者ニ對シテ求ムルコトヲ得又債務者ハ債權者ニ對シ第五百八十一條ニ準據シテ計算セシムルコトヲ得
596.　In lieu of direct repayment, the creditor may require the debtor, up to the amount of the principal and subsidiary debt, to make payment to other persons, to accept or pay bills, notes, or orders, or to take over other obligations of debt on the creditor's account. The debtor may on his side require the creditor to settle the account by crediting payments made in conformity with Article 581.
第二節　信用約束
SECTION II. PROMISE OF CREDIT.
第五百九十七條　信用ヲ與フル約束ハ之ヲ取消ササル間ハ他ノ契約ノ附從トシテモ獨立ノ約束トシテモ其効力ヲ有ス
597.　A promise to give credit, so long as it has not been revoked, is binding, whether it be given as a subsidiary term of another contract or as an independent promise.
第五百九十八條　債務ノ支拂若クハ保證ノ爲メ或ル額ニ付キ債權者ニ信用約束ヲ爲シタル明約又ハ情況アルトキハ其約束ハ之ヲ取消スコトヲ得ス
598.　A promise of credit to a fixed amount cannot be revoked, if it was given to a creditor, either expressly or according to circumstances, for the purpose of payment of a debt or for the purpose of security.
第五百九十九條　或ル額ニ付キ引受ケタル獨立ノ信用約束ハ受信用者カ其約束ニ對シテ負擔シタル義務ヲ履行セス又ハ支拂停止ト爲リ又ハ取引上切迫ナル情況ニ至リ且與信用者ノ爲メ十分ナル引當若クハ擔保ノ備ハラサルトキニ限リ之ヲ取消スコトヲ得
599.　An independent promise of credit, after it has once been accepted for a fixed amount, is revocable only if the person who is in receipt of credit fails to fulfil the obligations undertaken by him in return, or suspends payment, or falls into embarrassed business circumstances, and the giver of credit is not possessed of sufficient cover or guaranty.
第六百條　信用約束ハ額ヲ定ムルモ定メサルモ有期ニテモ無期ニテモ條件附ニテモ無條件ニテモ人ヲ特定シテモ指圖式ニテモ之ヲ爲スコトヲ得
600.　A promise of credit may be given for a fixed or an unlimited amount, for a time certain or uncertain, conditionally or unconditionally, specially or to order.
第六百一條　相互ノ信用約束ハ雙務契約ノ原則ニ從ヒ各當事者ヲ覊束ス然レトモ第五百九十九條ノ場合ニ於テハ其約束ヲ取消スコトヲ得
601.　A mutual promise of credit is binding on both parties according to the principles of bilateral contracts ; it is revocable, however, in the cases in Article 599 specified.
第六百二條　寄託物其他ノ金額又ハ有價物ヲ交互計算ニ於テ領收シタルトキハ信用ノ處分シ得ヘキ額ヲ限トシテ默示ノ信用約束ヲ爲シタリト看做ス
602.　The acceptance in account current of a deposit or of other sums of money or of valuables is to be deemed a tacit promise of credit up to the full amount of credit then standing open.
第六百三條　信用約束ニ付テノ利息又ハ手數料ハ疑ハシキ場合ニ於テハ其約束ニ依リ現ニ與ヘタル信用ノ割合ニ應シテノミ之ヲ求ムルコトヲ得
603.　In case of doubt, interest or commission for a promise of credit can only be claimed in proportion to the amount of credit actually given in pursuance of such promise.
第六百四條　支拂手形又ハ信用證券ヲ以テ信用約束ヲ爲シタルトキハ其發行人ハ受信用者ニ對シテ履行ノ責ヲ負ヒ且自己ノ計算ヲ以テ其履行ヲ爲スモノトス然レトモ其支拂手形又ハ信用證券ニ對スル第三者ノ引受ハ之ヲ新ナル信用約束ト看做ス
604.　Where a promise of credit is given by means of an order or letter of credit addressed to another, the party issuing the same is responsible to the promisee for performance, and such performance takes place on account of the issuer ; acceptance, however, of such order or letter of credit by the addressee is to be regarded as a fresh promise of credit.
第六百五條　他人ノ委託ヲ受ケテ信用約束ヲ爲シタルトキハ其委託者ヲ受信用者ノ保證人ト看做ス
605.　Where a promise of credit is given in pursuance of the instructions of another person, such person is to be regarded as surety of the promisee.
第六百六條　或ル額ニ付キ與信用ノ爲メニ人ヲ紹介スルハ之ヲ信用委託ト看做ス但其紹介ヲ留保ナクシテ爲シタルトキニ限ル
606.　The recommendation of a person for a grant of credit to a fixed amount, if given without reservation is to be regarded as an instruction to give credit.
第三節　寄託
SECTION III. DEPOSIT.
第六百七條　他人ノ物ヲ貯藏ノ爲メ領收シタル者ハ自己ノ所有物ニ付テ爲スト同一ノ注意ヲ加ヘテ寄託者ニ其物ヲ還付スル責任アリ
607.　Whoever takes over for keeping a thing belonging to another, is responsible for the return thereof to the depositor, exercising with respect thereto the same care as he exercises with respect to his own property.
第六百八條　他人ノ物ノ貯藏ノ爲メ報酬ヲ受クル者又ハ其貯藏ニ付キ明示シテ責任ヲ負擔スル者又ハ其物ヲ貯藏ノ爲メノミナラス管理ノ爲メニ領收スル者又ハ其物ノ貯藏若クハ管理ヲ以テ營業ト爲ス者又ハ自己ノ營業ニ因リテ他人ノ物ノ寄託ヲ受クル者ハ寄託者ニ對シテ至重ノ注意ヲ爲ス義務ヲ負フ
608.　A person who receives a reward for the keeping of things belonging to others, or expressly takes upon himself the responsibility therefor, or takes over such things not only for the purpose of keeping but also for the purpose of management, or makes a business of the keeping, or management, of such things, or with whom such things are deposited in the course of the business in which he is engaged, is responsible to the depositor for the exercise of the utmost care.
第六百九條　旅店主、飮食店主、浴場營業者其他他人ヲ自家ニ引受クル營業者ハ客ノ持込ミテ此等ノ者ノ方ニ置キタル物ニ關シテハ其喪失又ハ損害ニ付キ責任ヲ負フ此責任ハ無責任ノ吿示ヲ爲スモ客ニ自身ノ注意ヲ催カスモ又此等ノ者又ハ其使用人ノ過失アルトキハ契約ヲ以テモ之ヲ免カルルコトヲ得ス大金及ヒ特ニ貴重ナル物ハ之ヲ明吿シテ特別ナル貯藏ノ爲メ交付スルコトヲ要ス
609.　Every innkeeper, restaurant keeper, keeper of a bathing establishment, or other person who in the course of his business receives guests is liable for loss or damage to the things brought by such guests and deposited on his premises, and he cannot free himself from such liability, either by means of a notice of non-liability, or by calling upon such guests themselves to exercise care, or in so far as there was fault on the part of himself or of any person in his service, by express contract. Large sums of money and things of special value are to be declared and committed to special keeping.
第六百十條　受託者ハ契約ニ從ヒ又他人ノ物ノ貯藏又ハ管理ヲ營業トスルトキハ契約ナシト雖モ受託料ヲ求ムルコトヲ得又總テノ場合ニ於テ必要ナル立替金ノ賠償及ヒ寄託者ノ過失ニ因リテ被フリタル損害ノ賠償ヲ求ムルコトヲ得
610.　The depositary may by contract, or without any contract where he keeps, or manages, things belonging to others as a business, claim a reward for his care, and, in every case, may claim to be indemnified for his necessary disbursements ; he may also claim to be indemnified for any damage he may by the fault of the depositor have sustained.
受託者ハ其債權ノ爲メ寄託物ニ對シテ留置權ヲ有ス
He is entitled in respect of his right of claim to a lien on the things deposited.
第六百十一條　寄託物ハ有期ト無期トヲ問ハス第六百十七條ノ場合ヲ除ク外ハ豫吿ナクシテ何時ニテモ其還付ヲ求ムルコトヲ得
611.　Excepting in the case of Article 617, the return of a deposit may be at any time demanded without previous notice, irrespective of whether such deposit was made for a definite or for an indefinite period of time.
第六百十二條　無期ノ寄託物ハ何時ニテモ受託者之ヲ還付スルコトヲ得但相當又ハ約定ノ豫吿期間ニ從フコトヲ要ス
612.　A thing deposited for an indefinite period may be at any time returned by the depositary, provided that he gives a reasonable or the stipulated notice.
第六百十三條　物ヲ二人以上共同シテ寄託シタル場合ニ於テ別段ノ契約ナキトキハ各人ヨリ其物ノ還付ヲ求メ又各人ニ之ヲ還付スルコトヲ得
613.　Where a thing is deposited by two or more persons jointly, it may, unless otherwise stipulated, be re-demanded by and returned to any one or more of them.
第六百十四條　寄託中寄託物ヨリ生スル果實又ハ利益ハ別段ノ契約アルニ非サレハ寄託者ニ屬ス
614.　Fruits or benefit which accrue from the thing deposited during the period of deposit belong, unless otherwise stipulated, to the depositor.
第六百十五條　物ノ種類ノミヲ定メ數量ヲ以テ之ヲ寄託シタルトキハ同一ノ數量ヲ以テノミ還付ヲ求ムルコトヲ得但物ノ性質ニ於テ特定物ト看做ス可キトキハ此限ニ在ラス
615.　Where things are deposited merely according to kind and indicated by number, weight, or other measure, they can, in so far as they are not, according to their nature, to be regarded as specific objects, only be required to be returned in equal number, weight, or measure.
第六百十六條　二人以上ノ寄託者ノ代替物カ互ニ混合シタルトキハ各寄託者ハ其寄託シタル數量ノ割合ニ應シテ混合物ノ共有者ト爲リ且其割合ニ應シテ混合物全部ノ喪失又ハ毀損ノ危險ヲ負擔ス
616.　Where fungibles belonging to two or more depositors become mixed together, each depositor becomes co-owner in the mixture in proportion to the amount deposited by him, and bears, in such proportion, the risk of loss or damage to the entire mixture.
第六百十七條　契約又ハ商慣習ニ依リ使用權又ハ處分權カ受託者ニ屬ス可キ方法ヲ以テ代替物ヲ寄託シタルトキハ受託者カ受託料ヲ受クルト否ト又寄託者ニ利息ヲ支拂フト否トヲ問ハス其物ノ所有權及ヒ其物ノ喪失若クハ毀損ニ係ル危險ノ全部ハ受託者ニ移ル
617.　Where fungibles are deposited in such manner, that according to contract or the usages of trade the depositary is entitled to the use or disposal thereof, the right of ownership therein and the entire risk of loss thereof or damage thereto is transferred to the depositary, irrespective of whether he receives a reward or not, or pays interest to the depositor or not.
第六百十八條　特定物ニ付キ受託者カ其物ヲ使用スルコトヲ得ルト否トハ專ラ當事者ノ意思ニ從ヒテ之ヲ定ム
618.　The question as to whether the depositary is entitled to the use of specific objects deposited is to be determined entirely according to the intention of the parties.
第六百十九條　反對ノ明約ナキトキハ封セサル金錢又ハ貴金屬ノ寄託物ハ常ニ受託者ノ所有物ト看做シ又封セサル有價證券ノ寄託物ハ其證券ヲ寄託者ヨリ定マリタル相場ニテ受託者ニ交付シタルトキニ限リ受託者ノ所有物ト看做ス
619.　In the absence of any express agreement to the contrary, deposits of money or precious metals made without being sealed up or otherwise secured are always to be regarded as the property of the depositary ; similar deposits of documentary securities, however, only where they have been transferred by the depositor to the depositary at a settled rate.
第六百二十條　受託者ハ自己ニ所有權ノ移リタル寄託物ニ付テハ明約アルトキニ限リ利息ヲ支拂フコトヲ要ス又明約又ハ慣習アルトキニ限リ報酬ヲ求ムルコトヲ得
620.　On a deposit wherein the ownership passes to himself the depositary is only required to pay interest where such was expressly agreed upon, and can only claim a reward, if such was expressly stipulated for or is customary.
第六百二十一條　寄託物ノ受取證書ハ寄託者ノ名ヲ以テモ指圖式ニテモ無記名式ニテモ之ヲ發行スルコトヲ得但反對ノ明記ナキトキハ其裏書讓渡ヲ爲スコトヲ得
621.　Deposit-receipts may be made out either to the name of the depositor, or to order, or to bearer ; they are indorsable, unless the contrary is stated thereon.
第六百二十二條　第六百十七條及ヒ第六百十九條ノ場合ニ於テハ契約又ハ商慣習ニ依リ現物ニテモ交付若クハ還付ノ時及ヒ地ニ於ケル市場代價ニテモ償還スル權利ヲ受託者ニ與ヘ又之ヲ要求スル權利ヲ寄託者ニ與フルコトヲ得
622.　In the cases of Articles 617 and 61g, the depositary or depositor may, by contract or the usages of trade, be permitted the right respectively to return or require either the thing itself, or the market price thereof at the time and place of delivery or re-delivery.
第六百二十三條　受託者ハ寄託者ノ所有權若クハ處分權ヲ調査シ又ハ寄託證書ヲ提示シテ還付ヲ要求スル者ノ權利ヲ調査スル義務ナシ然レトモ惡意及ヒ甚シキ怠慢ニ付テハ責任ヲ負フ
623.　A depositary is not bound to inquire into the depositor's right of ownership or disposal, or to inquire into the rights of the person who presents the deposit-receipt and claims the return of the deposit ; the depositary is responsible, nevertheless, for malicious intent or gross negligence.
第六百二十四條　第六百十五條以下ニ揭ケタル原則ハ運送、製作其他ノ目的ノ爲メ封緘若クハ記號ナクシテ數量ヲ以テ物ヲ委託セラレタル運送人、船長及ヒ其他ノ者ニモ金錢其他ノ代替物ヲ質物トシテ受取リタル質債權者ニモ之ヲ適用ス
624.　The principles laid down in Article 615 and following Articles apply also to inland carriers, masters of vessels, and other persons, with regard to things entrusted to them according to number, weight, or other measure, without being secured or marked, for the purpose of transport, of having work done upon them, or for some other purpose ; they further apply to a pledge creditor to whom money or other fungibles are delivered for the purpose of pledge.
第十一章　保險
CHAPTER XI. INSURANCE.
第一節　總則
SECTION I. GENERAL PROVISIONS.
第六百二十五條　保險契約ハ保險者カ保險料ヲ受ケテ或ル物ニ關シ或ル時間ニ於テ不測又ハ不確定ノ事故ニ因リテ生スルコト有ル可キ喪失又ハ損害ニ付キ被保險者ニ賠償ヲ爲ス義務ヲ負フ契約タリ
625.　The contract of insurance is a contract whereby the insurer, in return for the payment of a premium, binds himself to indemnify the insured for loss or damage which may arise with respect to a specified object, during a specified period, from an unknown or uncertain event.
第六百二十六條　保險スルコトヲ得ヘキ危險ハ主トシテ火災、地震、暴風雨其他ノ天災、陸海運送ノ危險、死亡及ヒ身體上ノ災害ナリ然レトモ其他ノ危險ニ對スル保險ハ此カ爲メニ妨ケラルルコト無シ
626.　The risks which may be insured against are chiefly fire, earthquake, storms, and other natural occurrences, the risks of transport by land and by water, death and personal accidents. Insurance against other risks is not, however, excluded.
海上運送ノ保險ハ第二編ノ規定ニ牴觸セサルモノニ限リ本章ノ規定ニ從フ
The provisions of this Chapter are applicable to marine insurance, in so far as they do not conflict with the provisions contained in Book II.
保險ハ別段ノ契約アルニ非サレハ保險料支拂期間ニ生スル諸般ノ危險殊ニ相次テ生スル危險ニ及フモノトス然レトモ保險者ハ如何ナル事情アルモ被保險額ヲ超エテ賠償ヲ爲スコトヲ要セス
The insurance, unless otherwise agreed upon, extends to all risks arising during the period for which premium is paid and in particular to such as succeed one another during the said period ; under no circumstances, however, is the insurer bound to indemnify beyond the amount insured.
第六百二十七條　所有權、債權其他ノ權利名義又ハ權利關係ニ基因スル財產上ノ利益ニシテ此ニ關スル危險ノ起生ニ因リ被保險者ニ直接ニ損害ヲ加フ可キモノハ保險ニ付スルコトヲ得ル利益トス
627.　Every interest in property which the insured has as owner, creditor or by virtue of some other legal title or relation, and by the injury to which in consequence of the happening of the risk the insured would be directly damnified, is insurable.
博奕、賭事、富講又ハ其他ノ意外ノ事ニ因ル僥倖ノ利益ハ之ヲ保險ニ付スルコトヲ得ス
No casual interest dependent on gaming, wagering, lottery, or other hazard is insurable.
第六百二十八條　保險ハ自己ノ計算ヲ以テスルト他人ノ計算ヲ以テスルトヲ問ハス又被保險者ノ委託ヲ受ケタルト否ト被保險者ノ豫知スルト否ト被保險者ヲ明示スルト否トヲ問ハス之ヲ受クルコトヲ得
628.　An insurance may be effected by a person on his own account or on account of another, and with or without the instructions or previous knowledge of the insured, and without the latter being indicated.
契約ニ依リテ他人ノ利益カ知レサルトキハ保險申込人ハ保險者ニ對シテ被保險者ト看做サル
Where from the contract, the interest of no other person appears, the person effecting the insurance is, as towards the insurer, to be regarded as the insured.
第六百二十九條　被保險利益ハ被保險物ノ普通價額ヲ以テ限トスルヲ通例トス若シ其利益カ此價額ヲ超過ス可キトキハ特ニ之ヲ明約スルコトヲ要ス
629.　The insurable interest is, as a rule, limited to the ordinary value of the thing insured ; where it is to exceed such value, it must be the subject of a special and express agreement.
第六百三十條　被保險物ノ價額ハ使用ニ供スル動產ニ在テハ修繕又ハ新調ノ費用ニ依リ商品ニ在テハ損害又ハ喪失ノ生シタル時及ヒ地ニ於ケル市場代價ニ依リテ之ヲ定ム
630.　The value of the thing insured is determined in the case of movables intended for use by the cost of restoring or replacing the same, and in the case of commercial goods by their market price at the time and place of the happening of the damage or loss.
第六百三十一條　保險ハ被保險物ノ利益額ヲ超過スル部分ニ限リ無効トス
631.　No insurance is valid to an extent beyond that of the insurable interest in the thing insured.
第六百三十二條　前條ノ規定ニ拘ハラス被保險物ノ價額ヲ豫メ明約又ハ鑑定人ノ評價ニ依リテ定メタルトキハ後ニ至リ其價額ノ定ニ對シテハ强暴若クハ詐欺ノ場合又ハ價額ノ著シク過當ナル場合ニ於テノミ異議ヲ述フルコトヲ得
632.　Where the value of the thing insured is previously fixed by express contract or on the basis of a valuation by experts, such assessment can thereafter only be disputed on the ground of coercion, deceit or material excess, and the provision of the preceding Article does not apply.
第六百三十三條　保險セラレタル債權ノ價額ハ債務額ニ利息及ヒ取立費用ヲ合算シタル額トス
633.　The value of an insured right of claim is determined by the amount of the debt, together with interest and the expenses of collection.
第六百三十四條　辨濟ス可キ賠償額ハ人ノ保險ニ在テハ被保險額トシ物ノ保險ニ在テハ被保險者カ危險ノ發生ニ因リテ直接又ハ間接ニ被フリタル損害ヲ以テ限トス
634.　The amount of indemnity payable, in the case of insurance of persons, is the sum insured, and in the case of insurance of things, is the extent to which the insured has been directly or indirectly injured by the occurrence of the risk.
間接ノ損害中ニハ現ニ生シ又ハ將ニ生セントスル危險ノ已ムヲ得サル防止ニ因リテ生シタル別段ノ費用及ヒ損害ヲモ包含スルモノトス
Indirect injury is to include special expenses and damage caused to the insured by the necessity of averting a risk that has actually presented itself, or has threatened to do so.
第六百三十五條　被保險者カ已ムヲ得サルニ非スシテ任意ニ加ヘ若クハ加ヘシメタル喪失若クハ損害又ハ被保險物ノ性質、固有ノ瑕疵若クハ當然ノ使用ニ因リテ直接ニ生シタル喪失若クハ損害ニ付テハ保險者ハ賠償ヲ爲ス義務ナシ
635.　The insurer is not bound to make good loss or damage which the insured unnecessarily and voluntarily occasioned himself or permitted to be so occasioned, or which had its immediate cause in the nature or inherent defects of the thing insured or in the use for which it was destined.
第六百三十六條　保險契約取結ノ時既ニ生シタル危險ニ對スル保險ハ無効トス但當事者雙方又ハ其代人ノ孰レモ其危險ノ生シタルコトヲ知ラス且既ニ危險ノ生シタルモ有効タル可キ旨ヲ明示シテ契約ヲ取結ヒタルトキハ此限ニ在ラス
636.　An insurance effected against a risk which has already happened at the time of concluding the contract of insurance is invalid, excepting where neither of the parties nor either of their representatives had knowledge thereof and the insurance was effected with the express intention of including such risk.
第六百三十七條　一人カ同一ノ物及ヒ同一ノ利益ニ關シ時ヲ同クシ又ハ時ヲ異ニシテ二人以上ノ保險者ヨリ各別ニ保險ヲ受クルトキハ其重複保險ヲ各保險者ニ通知シテ其承諾ヲ得ルコトヲ要ス之ニ違フトキハ各保險者ハ其契約ヲ解除スルコトヲ得
637.　Where one and the same person is insured separately and with respect to the same thing in respect of the same interest by two or more insurers, either simultaneously or at different times, each of the insurers must be notified of such double insurance and their assent must be obtained, failing which any of them may cancel the contract.
第六百三十八條　重複保險ノ場合ニ在テハ被保險者ハ別段ノ契約ヲ爲ササルトキハ保險者ノ孰レニ對シテモ賠償ヲ求ムルコトヲ得其保險者ハ賠償ヲ爲シタル後保險ノ割合ニ應シテ其賠償ノ割賦金ヲ他ノ保險者ニ請求スルコトヲ得但他ノ保險カ無効ナルトキ又ハ期間ノ滿了若クハ其他ノ理由ニ因リテ終リシトキハ此限ニ在ラス
638.　In the case of double insurance, the insured, unless otherwise agreed upon, may claim payment of the indemnity from each of the insurers, and any insurer who has paid can claim from the other insurers their share of the indemnity paid ; the amount thereof is to be settled among them proportionately to the amount of all the insurances, so far as any of the same is not invalid or has not terminated by expiration of time or otherwise.
一保險者ノ爲メニスル抛棄ハ他ノ保險者ノ害ト爲ル効力ヲ生スルコト無シ
A resignation in favour of one insurer never operates to the prejudice of the others.
第六百三十九條　保險スルコトヲ得ル利益ノ額ニ滿タサル保險ノ場合ニ在テハ其殘餘ノ額ニ付キ被保險者ヲ自己ノ保險者ト看做シ被保險者ハ其額ノ割合ニ應シテ損害ヲ負擔ス但別段ノ契約アルトキハ此限ニ在ラス
639.　In case of insurance below the amount of the insurable interest, the insured is to be deemed his own insurer for the remaining amount, and is, unless otherwise agreed upon, to bear the loss in the proportion which the latter has to the former.
第六百四十條　保險ハ被保險物ノ讓渡其他被保險利益ノ轉付ニ因リテ當然新取得者ニ移ル但讓渡人カ利益ヲ留置キタル場合又ハ第六百五十四條ノ場合又ハ保險者カ轉付ニ付キ承諾ヲ與フル權利ヲ明示シテ留保シタル場合ハ此限ニ在ラス
640.　By alienation of the thing insured, or by other transfer of the insurable interest, the insurance passes as of course to the new acquirer, except in so far as the alienor retains an interest or anything in Article 654 contained is opposed thereto, or unless the insurer has expressly reserved to himself the right to give his consent to the transfer.
然レトモ總テノ場合ニ於テ被保險者ハ其爲シタル轉付ヲ遲延ナク保險者ニ通知シ又保險者ハ保險カ記名ナルトキハ新取得者ノ名ニ書替フルコトヲ要ス
The insurer is, however, in every case, to be forthwith apprised of the effected alienation or transfer, and must, where the insurance runs to name, write it over to the name of the new acquirer.
第六百四十一條　被保險額ノ請求權ハ特約ナキトキニ限リ滿期日ノ前後ヲ問ハス保險者ノ承諾ナクシテ之ヲ他人ニ轉付スルコトヲ得保險者ハ其轉付ヲ知リタル時ヨリ其人ニノミ支拂ヲ爲ス義務アリ
641.　The right of claim to a sum insured may, unless otherwise stipulated, be assigned to a third person either before or after it falls due without the consent of the insurer, and the insurer is bound from the time when he acquired knowledge of such assignment to make payment to such person exclusively.
被保險物ノ抵當若クハ質入又ハ抵當物若クハ質物ノ保險又ハ第三者ノ爲メニスル保險ハ被保險額請求權ノ轉付ト同視ス
The mortgaging or pledging of a thing insured, an insurance of a mortgaged or pledged object, or an insurance in favour of a third person, is to be deemed equivalent to the assignment of the right of claim to the sum insured.
第六百四十二條　保險契約ノ取結及ヒ履行ニ付テハ第七章ノ原則ヲ標準ト爲ス然レトモ保險者ハ總テノ場合ニ於テ契約取結ノ後卽時ニ保險證券ヲ作リテ被保險者ニ交付スル義務ヲ負ヒ此手續ヲ爲サス又ハ遲延スルニ因リテ生シタル總テノ損害ニ付キ被保險者ニ對シテ責任ヲ負フ
642.　The conclusion and performance of contracts of insurance are governed by the principles laid down in Chapter VII of this Code ; nevertheless the insurer is in every case bound, forthwith upon such conclusion, to make out a policy of insurance and to deliver the same to the insured, and is liable to him for all damage caused by failure or delay in so doing.
第六百四十三條　保險契約ハ保險者又ハ契約取結ノ權アル代人カ保險申込書及ヒ之ニ屬スル陳述書ヲ異議ナク承諾シタルトキハ之ヲ取結ヒタリト看做ス
643.　The contract is to be deemed to be concluded, when the insurer, or his representative authorized to conclude it, has without objection accepted the written insurance proposal with its accompanying written declaration.
第六百四十四條　保險契約ハ各當事者ニ於テ仲買人ヲ以テモ之ヲ取結フコトヲ得
644.　A contract of insurance may be concluded by either party through a commission agent.
第六百四十五條　保險營業者ノ其取引場ヨリ他ノ地ニ置キタル代辨人又ハ外國保險營業者ノ內國ニ置キタル代辨人ハ被保險者ニ對シ契約ノ取結、陳述ノ承諾、保險料ノ受取、被保險額ノ支拂其他總テ保險者ノ代理テ爲ス權アリト看做ス但其代辨人カ被保險者ニ反對ヲ述ヘタルトキハ此限ニ在ラス
645.　Insurance public agents established elsewhere than at the seat of business of the insurer and insurance public agents in Japan of an insurer abroad, are, with respect to the insured, and provided that they have made no declaration to the contrary to him, to be deemed to be empowered to conclude contracts, to accept declarations, to receive premiums, to pay over the sum insured, and in every other manner to represent the insurer.
第六百四十六條　保險證券ニハ年月日ヲ記シ及ヒ保險者若クハ其代人署名、捺印シ左ノ諸件ヲ記載スルコトヲ要ス
646.　The policy must be dated and must be signed and sealed by the insurer or his representative, and it must contain the following particulars:--
第一　保險ノ初日及ヒ其期間
i.　The date of commencement and the duration of the insurance ;
第二　被保險物ノ十分精密ナル記載
ii.　A sufficiently clear description of the thing insured ;
第三　被保險額
iii.　The amount of the sum insured ;
第四　保險料ノ額
iv.　The amount of the premium ;
第五　保險シタル危險
v.　The risks against which the insurance is effected ;
第六　保險申込人ノ氏名及ヒ被保險者ノ指示
vi.　The names of the person effecting the insurance and description of the insured ;
第七　保險ノ旨趣ニ重要ナル影響ヲ及ホス事情及ヒ契約ノ特別ナル條款アラハ其條款
vii.　Facts having an essential bearing on the contents of the insurance, and the special provisions, if any, of the contract.
第六百四十七條　保險證券ノ旨趣ハ商慣習又ハ附屬書類其他ノ證書ヲ以テ之ヲ更正シ說明シ補充シ又ハ變更スルコトヲ得
647.　The contents of the policy may be corrected, explained, supplemented, or altered by the usages of trade, or by supplementary or other documents relating to such policy.
第六百四十八條　保險證券ハ指圖式又ハ無記名式ニテ之ヲ發行スルコトヲ得然レトモ白地ニテ之ヲ發行スルコトヲ得ス
648.　A policy of insurance may be made out to order or to bearer, but not in blank.
第六百四十九條　保險契約ノ旨趣ニ係ル證據ハ保險證券又ハ附屬書類ヲ以テノミ之ヲ擧クルコトヲ得但其證券及ヒ附屬書類カ最早存在セス又ハ其發行ヲ爲ササルトキハ此限ニ在ラス
649.　The contents of a contract of insurance can only be proved by means of the policy or writings relating thereto, unless these no longer exist, or were not made out.
第六百五十條　被保險物ノ價額ニシテ保險證券ニ揭ケサルモノ及ヒ損害額ノ證據ハ總テ他ノ適法ナル證據方法ヲ以テ之ヲ擧クルコトヲ得
650.　The value of the thing insured, in so far as it is not specified in the policy, and the amount of the damage sustained may be proved by any other legally admissible evidence.
損害額ノ評定ハ當事者雙方ノ協議調ハサルトキハ裁判所ヨリ指名シタル鑑定人之ヲ爲ス
If the parties themselves are unable to agree on the amount of the damage sustained, it is to be estimated by one or more experts appointed by the Court.
第六百五十一條　被保險者ハ危險ノ生スルニ當リ成ル可ク其防止ニ盡力シ又其既ニ生シタル後ハ保險者又ハ其代人ニ遲延ナク其危險及ヒ喪失若クハ損害竝ニ其大小ヲ通知スル義務ヲ負ヒ其義務背反ニ因リテ生シタル損害ニ付キ保險者又ハ其代人ニ對シテ責任ヲ負フ
651.　The insured is bound, on the happening of the risk, to take all possible care to avert the same, and also, after the occurrence of the risk, to forthwith notify the insurer or his agent thereof, as well as of the fact and amount of the loss or damage sustained ; the insured is liable to the insurer or his representative for any detriment caused by the violation of this obligation.
第六百五十二條　戰爭又ハ暴動ニ因リテ生シタル危險ニ對シテハ明約ヲ以テ引受ケタルニ非サレハ保險ノ責ニ任スルコト無シ
652.　No insurance covers risks occasioned by reason of war or civil commotion, unless such risks have been expressly accepted.
第六百五十三條　保險者ハ被保險者カ契約取結ノ際重要ナル情況ニ付キ虛僞ノ陳述ヲ爲シ又ハ其情況ヲ默スルトキハ惡意アリタルト否トヲ問ハス契約ヲ解ク權利アリ但被保險者カ保險者ノ總テノ問ニ對シテ其知ル所ヲ竭シ且善意ニテ答ヘタルトキハ過失ナキモノト看做ス然レトモ保險者ノ有スル解約ノ權利ハ此カ爲メニ妨ケラルルコト無シ
653.　The insurer is entitled to dissolve the contract, if the insured, in concluding the same, misrepresented or concealed material facts, irrespective of whether the same was done with malicious intent, or not ; but the insured is to be deemed free from blame, if he has answered every question put to him by the insurer to the best of his knowledge and in good faith ; the right of the insurer to dissolve the contract is not, however, affected by such circumstance.
第六百五十四條　契約取結ノ後被保險物ニ付キ情況ノ變更カ發生シタル爲メ其引受ケタル危險ノ增加シ若クハ變更スル場合又ハ保險料ノ支拂ニ付キ明示若クハ默示ノ延期ナキトキ契約上又ハ慣習上ノ期間ニ受取證書ト引換ニテ其支拂ヲ求ムルモ仍ホ之ヲ得サル場合ニ於テハ保險者ハ其契約ニ覊束セラルルコト無シ但孰レノ場合ニ於テモ保險者其契約ヲ繼續スルトキハ此限ニ在ラス
654.　The insurer is not bound by the contract of insurance, unless the same is continued by him, in cases where, subsequent to the conclusion of the contract, some change in the conditions takes place with respect to the thing insured which increases or alters the risk taken, or where the premium, unless delay in the payment thereof is expressly or impliedly accorded, is not paid within the stipulated or customary time, provided such payment has been demanded upon presentation of a receipt.
保險料ノ支拂ハ第六百四十條及ヒ第六百四十一條ノ場合ト雖モ被保險者又ハ其權利承繼人之ヲ爲スコトヲ得
Payment of the premium may be made, even in the cases in Articles 640 and 641 mentioned, either by the insured himself or by his successor in rights.
第六百五十五條　契約ハ保險シタル危險カ被保險者ニ對シテ生ス可キニ至ラサルトキハ被保險者ヲ覊束セス然レトモ危險ノ減少又ハ其期間ノ短縮ノ爲メ保險料ヲ分割スルコトヲ得ルハ保險料支拂期間二囘以上ノ保險料ヲ前拂シタルトキニ限ル
655.　The contract is not binding on the insured so long as the risk taken does not commence to run against him ; nevertheless, no division of the premium by reason of diminution or shortened duration of the risk is permissible, unless it was paid in advance in respect of two or more periods for the payment of premium.
保險料支拂期間ハ一个年タルヲ通例トス
One year is, as a rule, the period for which premium is payable.
第六百五十六條　當事者ノ一方カ保險ノ存續中ニ破產ノ宣吿ヲ受ケタルトキハ他ノ一方ハ契約ヲ解キ又ハ其履行ニ付キ擔保ヲ求ムルコトヲ得
656.　Where, during the continuance of the insurance, either of the parties is declared bankrupt, the other party may, at his option, either cancel the contract or require guaranty for its performance.
第六百五十七條　契約カ被保險者ノ過失ナクシテ無効タリ又ハ任意ニ解カルルトキハ保險者ニ對シテ危險ノ生ス可キニ至ラサル場合ニ在テハ既ニ支拂ヒタル保險料ノ全部ヲ被保險者ニ償還シ又重複保險若クハ超過保險ノ場合、被保險利益ノ減少ノ場合又ハ其他ノ事由ニ因レル場合ニ在テハ現保險料支拂期間ノ爲メ既ニ支拂ヒタル保險料ヲ危險減少ノ割合ニ應シテ被保險者ニ償還スルコトヲ要ス但慣習上保險者カ受ク可キモノヲ扣除ス
657.　Where, in the absence of fault on the part of the insured, the contract is invalid, or is voluntarily cancelled, all premiums already paid must, subject to the customary reduction due to the insurer, be returned to him in their entirety where the insurer ran no risk, otherwise only the premium for the current period must be returned to him subject to the like reduction, and in proportion to the diminution of the risk, in cases of double insurance, or of over-insurance, of lessening of the insurable interest, or in cases having any other causes.
第六百五十八條　保險者ハ被保險者ニ被保險額ヲ支拂ヒタルトキハ損害ノ生シタル爲メ被保險者カ第三者ニ對シテ有スル請求權ヲ當然取得シ殊ニ債權ノ保險ノ場合ニ於テハ債務者ニ對スル債權者ノ權利ヲ當然取得ス但其支拂ヒタル額ヲ限トス
658.　By payment to the insured of the sum insured the insurer acquires, as of course, any existing rights of claim against third persons to which the insured is entitled in respect of the damage sustained, and in particular, in the case of insurance of a right of claim, the rights of the creditor against the debtor ; such acquisition cannot extend, however, beyond the amount paid.
被保險者ハ此事ニ關シ保險者ニ害ヲ加ヘタル行爲ニ付キ責任ヲ負フ
The insured is answerable for any act of his prejudicial to the insurer in regard to the above.
第六百五十九條　社員相互ノ保險ヲ目的トシテ設立シタル會社ニ在テハ社員ノ權利及ヒ義務殊ニ保險料ノ支拂、追拂、會社負債ノ支拂、會社利益ノ分配及ヒ計算書ノ提出ニ關スルモノハ其會社ノ契約若クハ定款ニ從ヒ其不十分ナル場合ニ在テハ本法ノ規定ニ從ヒテ之ヲ定ム
659.　In the case of partnerships or companies founded for the purpose of mutual insurance of the members thereof, the rights and obligations of these latter, in particular with regard to payment of premiums or of additional premiums, payment of the debts of the partnership or company, participation in its profits, and the presentation of accounts, are to be determined according to the contract or regulations of such partnership or company, and, in so far as they are inadequate, by the provisions of this Code.
第二節　火災及ヒ震災ノ保險
SECTION II. INSURANCE AGAINST FIRE AND EARTHQUAKES.
第六百六十條　動產又ハ不動產ハ賃借人、用益者若クハ受託者其他ノ資格ヲ以テ之ヲ占有シ又ハ保管スル者ニ於テ自己ノ利益ニテモ所有者ノ利益ニテモ自己及ヒ所有者ノ利益ニテモ之ヲ保險ニ付スルコトヲ得但孰レノ利益ニテ保險ニ付シタルカニ付キ疑アルトキハ自己ノ利益ニテ保險ニ付シタルモノト看做ス
660.　Movables or immovables may be insured by a person who as lessee, usufructuary, depositary, or in other like capacity, has the possession or custody thereof either in his own interest, or in the interest of the owner or in that of both. Where doubt exists with respect hereto, the first is to be deemed the interest insured.
自己ノ利益ニテ保險ニ付シタル場合ニ在テハ第一ニ被保險者自己ノ損害ニ充テンカ爲メ次ニ所有者ニ對スル自己ノ責任ニ充テンカ爲メ保險ニ付シタルモノト看做ス其責任ニ充ツル被保險額ノ部分ニ對シテハ被保險者ノ債權者ハ總テ請求權ヲ有セス
In the case of insurance by a person in his own interest it is deemed to be effected in the first place for making good the insured's own loss, and in the second place for covering his liability towards the owner of the thing, and his creditors are excluded from all claim on the sum insured in so far as this serves to cover such liability.
所有者又ハ其他ノ者ノ損害賠償ノ要求ニ充テンカ爲メ保險ニ付シタル場合ニ於テハ第六百三十九條ニ依リ自己ノ保險者ト看做ス可キトキト雖モ其被保險額ヲ限トシテ保險者獨リ全部ノ損害ヲ負擔ス
In the case of insurance to meet claims for damages that may become payable to the owner or another, the insurer, even where the insured is to be regarded in accordance with Article 639 as his own insurer, has alone to bear the entire loss, to the extent of the sum insured.
第六百六十一條　不動產ノ保險ニ在テハ法律、命令其他ノ成規又ハ契約ニ依リテ被保險者ニ毀滅シ若クハ破損シタル物ノ再築若クハ修繕ヲ爲ス義務アルトキハ保險者ハ被保險者若クハ其權利承繼人ノ此義務ヲ履行ス可キ期間ヲ定メンコトヲ裁判所ニ申立テ又其再築若クハ修繕ノ實施ヲ監視シ及ヒ其工事ノ捗ル割合ニ應シテ被保險額ヲ支拂フコトヲ得
661.　Where, in the case of insurance of immovables, the' insured is bound by law, ordinance or other public regulations or by contract to undertake the reconstruction or the repair of the destroyed or damaged object, the insurer may apply to the Court to fix a term for the fulfilment of such obligation by the insured or his successor in rights, and may supervise the execution thereof, and he is only required to pay out the sum insured in proportion as the work progresses.
又保險者ハ契約ニ依リ被保險額ノ割合ニ應シ自費ヲ以テ再築若クハ修繕ヲ爲シ又ハ第三者ヲシテ之ヲ爲サシムルコトヲ得
It may also be stipulated that the insurer shall himself effect or cause to be effected by third persons the reconstruction or repairs at his own expense to the extent of the sum insured due.
第六百六十二條　動產ハ各箇ニ又ハ包括シテ保險ニ付スルコトヲ得包括シテ保險ニ付シタル場合ニ在テハ保險ノ存續間其包括中ノ各部分ヲ增減シ又ハ他ノ物ヲ以テ其全部若クハ一分ニ代フルトキト雖モ保險ニハ影響ヲ及ホスコト無シ
662.　Movables may be insured either specifically or as a whole ; in the latter case the insurance is not affected by the occurrence, during the term of insurance, of any augmentation or diminution in the constituent parts of the whole, or by reason of such parts being entirely or partially replaced by others during such term.
家屋內ニ備在ル動產一切ノ保險ハ現貨、寳玉、證書、有價證券及ヒ稿本其他普通價額ヲ有セサル物ヲ包含セス但反對ノ契約アルトキハ此限ニ在ラス
Unless the contrary is agreed upon the insurance, as a whole, of the movables with which a house is furnished, does not cover money, jewels, documentary securities and other documents, as well as manuscripts and other articles which have no ordinary value.
第六百六十三條　動產ノ保險ハ保險證券ニ記載シタル住居其他ノ場所ニ關シテノミ効力ヲ有ス然レトモ其契約ハ被保險物ヲ一時保險外ノ場所ニ移シタルモ此カ爲メニ解止セラルルコト無シ
663.　An insurance of movables is only valid as regards the dwelling-place or other locality named in the policy ; the insurance is not, however, voided by removing provisionally of the thing insured to some other place.
第六百六十四條　自燃又ハ爆發ノ危險アル物ニ付テハ被保險者カ契約上若クハ相當ノ豫防處分ヲ爲ササルトキニ限リ第六百三十五條ノ規定ヲ適用ス
664.　The provision of Article 635 only applies to objects exposed to the risk of spontaneous combustion or explosion, if the insured has neglected to take the stipulated or requisite precautionary measures.
第六百六十五條　火災カ被保險者ノ方ニ起リタルト近傍ニ起リタルトヲ問ハス消防若クハ救濟ノ處分又ハ竊盜其他類似ノ事由ニ因リテ被保險者ニ加ヘタル損害モ火災損害ト看做ス
665.　Loss caused to the insured whether the fire breaks out on the premises of the insured himself or in their neighbourhood, by measures taken to extinguish such fire or taken for the purpose of saving life or property, or by theft or in some similar manner is to be deemed loss by fire.
第六百六十六條　雷電ノ危險、火藥若クハ機關ノ破裂ノ危險、火藥若クハ機關ニ原因スル破裂ノ危險其他類似ノ危險及ヒ震災ノ危險ハ同時ニ火災ノ起リタルト否トヲ問ハス之ヲ火災ノ危險ト同視ス但他ノ契約アルトキハ此限ニ在ラス
666.　The risks of lightning, of explosions of or by powder or engines, and other similar risks, as well as the risk of earthquake are, if not otherwise agreed upon, to be treated as a risk of fire, irrespective of whether a fire ensues thereon or not.
第三節　土地ノ產物ノ保險
SECTION III. INSURANCE OF PRODUCTS OF THE SOIL.
第六百六十七條　土地ノ果實其他ノ天產物ノ保險ハ强雨、洪水、旱魃、暴風雨ノ如キ人ノ力ト注意トヲ以テ防ク能ハサル非常ノ天災ニ對シテノミ之ヲ爲スコトヲ得
667.　Fruits of the earth and other natural products are only insurable against extraordinary occurrences of nature which cannot be averted by human power and care, such as violent rains, floods, drought, or storms.
保險シタル危險ハ保險證券ニ逐一明記スルコトヲ要ス
The risks insured against are to be specified in the policy.
第六百六十八條　保險ハ一个年間効力ヲ有ス但更ニ短キ期間ヲ約定シタルトキハ此限ニ在ラス
668.　Unless a shorter period is stipulated, the insurance is valid for one year.
第六百六十九條　損害ノ生シタル場合ニ在テハ保險シタル產物カ其損害ナク成熟シタル現狀ニ於テ有シタル可キ價額ト其災害ノ後ニ有スル價額トノ間ノ差額ヲ被保險額ノ割合ニ應シテ被保險者ニ償フ但被保險額カ成熟シタル現狀ニ於テ有シタル可キ價額ヲ超過セサルトキニ限ル
669.　Where damage has occurred, the indemnification payable to the insured is, in proportion to the sum insured, the amount of the difference between the value of the insured products after the event and the value which they would have possessed at maturity, if no damage had occurred unless the sum insured exceeds the last named value.
第六百七十條　保險者ハ損害ノ額カ其損害ノ生スルニ非サレハ產物ノ有シタル可キ價額ノ少ナクトモ四分一ニ滿タサルトキハ其責ニ任セス
670.　The insurer is not liable unless the damage amounts to at least one fourth of the value which the products would have possessed in the absence of such damage.
第四節　運送保險
SECTION IV. INLAND TRANSIT INSURANCE.
第六百七十一條　運送中ニ在ル物ハ運送人ヨリ又ハ其物ノ到達地ニ安著スルコトニ付キ利益ヲ有スル各人ヨリ之ヲ保險ニ付スルコトヲ得
671.　Things in transit may be insured by inland carriers and by any one having an interest in their safe arrival at the place of destination.
第六百七十二條　保險者ハ運送品ノ保險ニ因リ運送ノ期間中其物ノ喪失若クハ毀損ノ各危險ヲ引受ク其危險中ニ火災、盜難、敵ノ威力及ヒ此類ノモノヲモ包含ス但或ル危險ヲ明示シテ取除キタルトキハ此限ニ在ラス
672.　The insurer, by an insurance of things in transit, takes over every risk of loss or damage to such things during the transit, including risks of fire, theft, robbery, hostile force, and others similar thereto, in so far as no particular risks are expressly excepted.
運送ノ期間ハ別段ノ契約アルニ非サレハ運送人ニ物ノ交付ヲ始ムル時ヨリ受取人ニ其引渡ヲ終フル時マテトス
Unless otherwise stipulated, the duration of transit is to be taken to be from the moment of commencing delivery of the things to the carrier up to the moment of completing the delivery thereof to the person entitled to receive.
第六百七十三條　運送ノ期間中運送品ヲ讓渡シタルトキハ保險ハ第六百四十條ノ規定ニ從ヒテ讓渡人ヨリ新取得者ニ移ル
673.　When things in transit are alienated during the transit, the insurance passes in accordance with the provisions of Article 640 from the alienor to the new acquirer.
第六百七十四條　保險證券ヲ以テ保險シタル以外ノ喪失若クハ損害カ運送品ニ生スルトキハ其例外タル證據ヲ擧クル義務ハ保險者ニ在リトス
674.　Where any loss or damage not covered by the policy occurs to a thing in transit, it is on the insurer to prove such exception.
第六百七十五條　價額ヲ保險證券ニ記載セサル場合ニ於テ損害ノ價額ヲ評定スルニハ最初ノ代價及ヒ其附帶ノ費用ヲ標準トス若シ之ヲ知ル能ハサルトキハ積込ノ地及ヒ時ニ於ケル普通價額若クハ市場價額ニ諸稅、保險費用、積込費用及ヒ被保險者ノ負擔ニ歸スル運送費用ヲ合算シタルモノヲ標準トス
675.　In the absence in the policy of any expressly specified value, the basis in determining the amount of loss is the original value of the thing in transit with the accessory expenses, or, where this cannot be ascertained, the ordinary or market value of the thing at the place and time of loading together with all imposts, expenses of insurance and loading, as well as the expenses with which the insured is charged for transport.
第六百七十六條　保險證券ニハ第六百四十六條ニ揭ケタル諸件ノ外尙ホ運送ノ方法、運送具ノ種類、運送取扱人及ヒ運送人ノ氏名、運送ノ線路及ヒ發送地竝ニ到達地ヲ逐一記載シ且立寄地アルトキハ其地又運送期間ノ約定アルトキハ其期間ヲ揭クルコトヲ要ス
676.　In addition to the particulars in Article 646 specified, the following must be stated in the policy:-- The nature of the transport and particular means of transport ; The names of forwarding agent and of the inland carriers ; The route by which the insured thing is to be carried, with special mention of the place of departure and the place of destination and, where any place is to be stopped at, of such place ; The duration of transit, if any such has been agreed upon.
保險證券ハ反對ノ明約アルニ非サレハ其證券ニ揭ケタル運送期間若クハ通常ノ運送期間ヲ踰越シ其他前項ニ揭ケタル保險證券ノ條件ニ違戾シタルカ爲メニ無効ト爲ルコト無シ但其踰越又ハ違戾ニ因リ運送取扱人若クハ運送人ニ對シテ生シタル被保險者ノ請求權ハ保險者ニ移ル
By exceeding the time for transit specified in the policy or usual, or by deviating from the other conditions of the policy in the preceding paragraph mentioned, the policy, save in the case of express agreement to the contrary, does not become invalid ; rights of claim founded hereon of the insured against the inland carrier or forwarding agent pass, however, to the insurer.
第五節　生命保險、病傷保險及ヒ年金保險
SECTION V. LIFE INSURANCE, INSURANCE AGAINST ACCIDENTS, AND INSURANCE OF ANNUITIES.
第六百七十七條　人ノ生命又ハ健康ハ終身其他或ル期間中之ヲ保險ニ付スルコトヲ得
677.　The life or health of a person may be insured for the term of his life or for some other specified period of time.
第六百七十八條　何人ニテモ自己ノ生命若クハ健康ヲ保險ニ付スルコトヲ得又保險ニ付セントスル時ニ於テ他人ノ生命若クハ健康ニ付キ財產上ノ利益ヲ有スル者ハ其他人ノ生命若クハ健康ヲ保險ニ付スルコトヲ得
678.　Any person may insure his own life or health or that of another, if in the latter case he has at the time of effecting the insurance a pecuniary interest in such other's life or health.
配偶者、兄弟姊妹、尊屬親及ヒ卑屬親ノ生命若クハ健康ニ關スル相互ノ利益ニ付テハ證據ヲ擧クルコトヲ要セス
The mutual interest in each other's life or health of husband and wife, brothers and sisters, ascendants and descendants, does not require to be proved.
第六百七十九條　他人ノ生命又ハ健康ノ保險ノ有効ナルニハ其人ノ承諾又ハ了知ヲ要セス
679.　The consent or knowledge of another person whose life or health is insured is not requisite for the validity of such insurance.
第六百八十條　被保險額ハ其支拂フ可キニ至リタルトキ直チニ被保險者又ハ保險證券ニ依リテ保險ノ爲メ益ヲ受クル者又ハ被保險額請求權ノ轉付ヲ受ケタル者ニ之ヲ支拂フコトヲ要ス
680.　The sum insured, as soon as it has fallen due, must be paid to the insured, or to the person for whose benefit, according to the policy, the insurance was effected or to whom the right to claim such sum has passed.
被保險者ノ死亡ニ因リ被保險額ヲ支拂フ可キニ至リタル場合ニ於テ其被保險額ヲ受ク可キ人カ其際存在セサルトキハ其被保險額ハ死亡者ノ遺產ノ一分トシテ之ヲ處分スルコトヲ要ス
When the death of the insured causes the sum insured to fall due and no persons then exist who are entitled to the sum insured, such sum must be treated as part of the deceased's estate.
第六百八十一條　他人ノ生命又ハ健康ハ其人ノ爲メ又ハ第三者ノ爲メ契約上ノ義務ニ依リテ之ヲ保險ニ付スルコトヲ得
681.　The life or health of a person may be insured by another in pursuance of a contractual obligation either in the interest of such person himself or for the benefit of a third person.
第六百八十二條　保險ハ左ノ場合ニ於テハ無効トス
682.　The insurance is or becomes void :--
第一　保險シタル死亡又ハ病傷カ保險契約取結ノ際既ニ生シタルトキ但保險申込人カ其事ヲ知ラサルトキハ此限ニ在ラス
i.　If the death or accident, against which it was effected, had already happened at the time of contract, excepting where such fact was unknown to the person who effected the insurance ;
第二　生命若クハ健康ヲ保險ニ付シ又ハ付セシメタル者カ契約上負擔シタル義務ニ違反シ又ハ放蕩、粗暴其他故意ノ所爲ニ因リテ生命ヲ短縮シ若クハ健康ヲ毀損シタルトキ
ii.　Where the person who insured or caused to be insured his life or health violates the obligations imposed upon him by the contract, or shortens his life or injures his health by a dissolute or wanton course of life, or by otherwise wilful acts ;
第三　死亡若クハ病傷カ重罪若クハ輕罪ニ付テノ有罪判決ノ執行ニ因リ若クハ其執行中ニ生シ又ハ重罪若クハ輕罪ヲ犯シタル直接ノ結果トシテ生シ又ハ決鬪其他故意ノ所爲ニ因リテ生シタルトキ
iii.　Where the death or accident occurs in consequence of, or during the execution of, a judicial sentence for a crime or delict, or takes place as the immediate consequence of the committing of a crime or delict, or is brought about by duelling or is otherwise wilfully occasioned.
第六百八十三條　總テ保險無効ノ場合ニ於テハ保險契約ヲ以テ此場合ノ爲メニ約定シタル額若シ約定ナキトキハ少ナクトモ被保險者ノ爲メニ既ニ積立テタル貯金ノ半額ヲ被保險者ニ償還スルコトヲ要ス但被保險者カ詐欺若クハ惡意ニ因リテ自ラ無効ニ至ラシメタルトキハ此限ニ在ラス
683.　In all cases where the insurance is or becomes void, there must be returned to the insured the amount stipulated in the event thereof in the contract of insurance and, in the absence of any such stipulation, one half, at least, of the reserve fund already accumulated for him, excepting where he has himself occasioned the invalidity by deceit or in violation of good faith.
第六百八十四條　契約ノ無効ハ保險者カ契約ノ無効ヲ致ス情況ヲ知リタル後尙ホ契約ヲ被保險者ト繼續シタルトキハ保險者ヨリ被保險者ニ對シテ之ヲ主張スルコトヲ得ス
684.　The insurer is not entitled to set up the invalidity of the contract against the insured, if he continued the contract with the latter after becoming acquainted with the circumstances causing the invalidity thereof.
第六百八十五條　死亡若クハ病傷ノ時ノ外尙ホ契約ニ依リ或ル年齡若クハ期限ニ至リタル時ヲ以テ被保險額支拂ノ時ト爲スコトヲ得又被保險額ノ支拂ニ換ヘテ年金ノ支拂ヲ約定スルコトヲ得
685.　The falling due of the sum insured may, apart from the happening of death or accident, be made by contract dependent on the attaining of a certain age, or on the expiration of a certain period of time, or the payment of an annuity may be stipulated for in the place of payment of an insured sum.
第六百八十六條　年金保險ハ保險者カ或ル金額ヲ受取リテ被保險者ニ又ハ其死亡ノ後ハ其保險ニ與カリタル人ニ終身間又ハ或ル期間ノ滿了ニ至ルマテ年金ヲ支拂フ義務ヲ負フ契約タリ
686.　The insurance of an annuity is a contract by which the insurer binds himself, in return for a specified sum, to pay to the insured or, upon his death, to others participating in such insurance, a fixed annuity for life, or until the expiration of a certain time.
第六百八十七條　年金受取ノ權利ハ被保險者ニ屬スルト同一ノ範圍及ヒ條件ニテ第六百四十一條ノ規定ニ從ヒテ被保險者ヨリ之ヲ他人ニ轉付スルコトヲ得
687.　The right of receiving the annuity may, in conformity with the provisions of Article 641, be assigned by the insured to another person to the same extent and under the same conditions as it belongs to the insured.
第六百八十八條　總テ生命保險、病傷保險及ヒ年金保險ノ場合ニ於テハ被保險者若クハ其權利承繼人ハ正當時期ニ豫吿ヲ爲シタル後保險契約ニ從ヒ若クハ第六百八十三條ニ從ヒ自己ニ屬スル償還金ヲ受ケテ契約ヲ解除スル權利ヲ有シ又ハ豫吿ヲ以テ償還ヲ求ムルコトヲ得ヘキ利息附ノ預ケ金ニ其契約ヲ變換スル權利ヲ有ス
688.　In all cases of life insurance, insurance against accidents, and insurance of annuities, the insured or his successor in rights is entitled, upon giving previous due notice, either to cancel the contract and receive the amount due to him in pursuance of the contract of insurance or of Article 683, or to convert the contract into a deposit of capital bearing interest and subject to a previous notice of withdrawal.
保險料ノ不拂ハ保險者ニ於テ之ヲ契約解除ノ豫吿ト看做スコトヲ得
Failure to make payment of premiums may be regarded by the insurer as notice of cancellation of the contract.
第六節　保險營業ノ公行
SECTION VI. PUBLICITY OF INSURANCE.
第六百八十九條　保險會社ハ官許ヲ受クルニ非サレハ其營業ヲ爲スコトヲ得ス
689.　No insurance partnership or company may carry on its business until it has obtained the sanction of the Government.
第六百九十條　保險會社ハ保險料其他ノ收入金ノ中ヲ以テ年年積立ヲ爲シ何時ニテモ年年支拂フ可キ被保險額ノ少ナクトモ平均二倍ニ滿ツル準備金ヲ設クル義務アリ此準備金ハ十分安全ニ利用シ其證券ヲ裁判所ニ寄託スルコトヲ要ス但之ヨリ生スル收入ハ會社ニ歸ス
690.　Every insurance partnership or company is bound, by means of annual accumulations, to form a reserve fund out of the premiums paid to it and from other receipts, and such reserve fund is at all times to amount to at least twice the average amount of the insured sums annually payable. This reserve fund must be safely invested and the documents of title issued in respect thereof deposited with the Court, and the revenue flowing therefrom accrues to the partnership or company.
第六百九十一條　保險會社ハ少ナクトモ每年一囘其年ノ收支一覽表及ヒ貸借對照表ヲ作リテ之ヲ公吿シ且各社員及ヒ各被保險者ニ送達スル義務アリ
691.　Every insurance partnership or company is bound, once at least in every year, to prepare and publish a statement of its annual revenue and expenditure and a balance sheet of its assets and liabilities, and to forward a copy thereof to every member and to every person insured.
第六百九十二條　裁判所ハ何時ニテモ被保險者ノ申立ニ因リ保險會社ノ保險業ノ現況、取引ノ實況、貸借ノ關係及ヒ會社カ保險業ヲ營ム原則ヲ一人若クハ二人以上ノ鑑定人ヲシテ檢査セシメ其檢査ノ結果ヲ被保險者ニ通知シ且公吿スル權アリ其檢査及ヒ公吿ノ費用ハ裁判所ノ見込ヲ以テ右申立ヲ十分ノ理由アリトスルトキハ保險會社之ヲ負擔ス
692.　The Court is empowered, upon the application of any person insured, to at any time investigate, by the aid of One or more experts, the state of the insurance business, the condition of affairs, and the proportion of assets to liabilities of an insurance partnership or company, as well as the principles upon which it carries on the business of insurance, and to acquaint the persons insured with the result of such investigation and to publish the same. The expenses of such investigation and publication are to be borne by the partnership or company, if, in the opinion of the Court, there existed sufficient grounds for making the application.
行政官廳ハ亦其職權ヲ以テ檢査ヲ行フコトヲ得
A similar investigation may be instituted by the administrative authorities of their own motion.
第六百九十三條　一部類ノ保險業ノ外ニ尙ホ他ノ部類ノ保險業ヲ營ム會社ハ各部類ノ保險業ヲ各別ニ營ミ又其各部類ニ生スル收入ハ專ラ其部類ノ爲メニ之ヲ積立テ及ヒ使用スルコトヲ要ス此規定ハ保險會社ノ破產ノ場合ニモ之ヲ適用ス其殘餘ノ財團ハ第千四十五條ノ規定ニ從ヒテ之ヲ分配ス可シ
693.　A partnership or company carrying on in addition to one branch of insurance business other branches thereof must conduct each branch of insurance business separately, and must accumulate and employ the receipts of each branch exclusively for the purposes thereof. The above provision also applies in the case of the bankruptcy of an insurance partnership or company. The assets remaining over in case of bankruptcy are to be distributed in accordance with Article 1045.
保險業ノ外ニ他ノ業ヲ營ム會社ハ亦前項ニ準ス
The preceding paragraph correspondingly applies to a partnership or company which in addition to insurance transacts other business.
第六百九十四條　保險會社カ第六百九十條乃至第六百九十三條ノ規定ニ背クトキ又ハ被保險者總員ノ承諾ヲ得スシテ同業若クハ他業ノ會社ト合併スルトキ又ハ被保險者ニ吿知シタル保險業ノ原則ヲ變更シ若クハ事實上之ヲ犯ストキハ各被保險者ハ豫吿ヲ爲スコト無クシテ何時ニテモ保險ヲ解止シ其拂込ミタル現支拂期間ノ保險料總額ノ償還及ヒ拂込ミタル日ヨリノ法律上ノ利息ヲ求ムル權利アリ
694.　Where an insurance partnership or company violates the provisions of Articles 690-693, or where, without the consent of all the persons insured, it amalgamates with another partnership or company carrying on the same or another kind of business, or where it alters or actually violates the principles of insurance business adopted by it and made known to the insured, every person insured is at any time entitled, without giving previous notice, to cancel his insurance and to require the partnership or company to return all premiums paid by him for the current term of payment together with in terest at the legal rate from the respective days of payment.
第六百九十五條　保險會社カ將來ノ義務ヲ履行スル能ハスト豫知ス可キ取引ノ實況ニ至リタルトキハ其會社カ未タ支拂ヲ停止セスト雖モ被保險者ハ破產宣吿ヲ求ムル申立ヲ爲スコトヲ得
695.　Where an insurance partnership or company is in such a condition of affairs that it is apparently unable to fulfil its future obligations, any person insured may apply to have it adjudged bankrupt, even if it has not yet stopped payment.
第六百九十六條　保險會社ニシテ其本店ノ所在地外ニ於テ代辨人ヲ以テ保險契約ヲ取結フ者ハ其代辨人ニ與ヘタル權限ノ如何ニ拘ハラス其契約ニ關シテハ代辨人ノ營業所ノ地ヲ管轄スル裁判所ノ裁判權ニ服從シ且其裁判所ニ差出ス可キ裁判上ノ代人ヲ定置ク義務アリ若シ之ヲ定置カサルトキハ其代辨人ヲ裁判上ノ代人ト看做ス
696.　An insurance partnership or company concluding contracts of insurance by means of public agents in places other than at the seat of its head office is with regard to such contracts, and irrespective of the authority conferred on such agents, subject to the jurisdiction of the Court within whose district the agent in question has his place of business, and is bound to appoint for itself a judicial representative to appear for it in such Court, failing which the agent in question is to be regarded as such representative.
第六百九十七條　第六百四十五條ノ規定ニ從ヒ獨立シテ保險契約ヲ取結フ爲メ內國ニ置キタル外國保險會社ノ代辨店ハ之ヲ支店ト看做シ支店ニ關スル一般ノ規定及ヒ本節ノ規定ヲ適用ス
697.　Every agency of a foreign insurance partnership or company established in this country in accordance with Article 645 for the purpose of independently concluding contracts of insurance, is to be regarded as a branch establishment of such in surance partnership or company, to which the general provisions with regard to branch establishments, as well as the provisions of this Section, both apply.
第六百九十八條　本節ノ規定ハ一個人又ハ組合ニシテ保險營業ヲ爲スモノニモ之ヲ適用ス
698.　The provisions in this Section contained are to be applied also to individuals and to associations carrying on the business of insurance.
第十二章　手形及ヒ小切手
CHAPTER XII. BILLS OF EXCHANGE, PROMISSORY NOTES AND CHEQUES.
總則
GENERAL PROVISIONS.
第六百九十九條　手形ハ或ル金額カ相違ナク支拂ハル可キ旨ヲ明記シ指圖式又ハ無記名式ニテ發行スル信用證券ニシテ合法ノ原因ヲ當然含有スルモノタリ
699.　Bills of exchange and promissory notes are instruments of credit running to order or to bearer and which provide for the unconditional payment of a certain sum of money and import as of course lawful consideration.
第七百條　商ヲ爲スコトヲ得ル各人ハ爲替義務ヲ負フコトヲ得
700.　Every person who has capacity to trade may bind himself by a bill or note.
第七百一條　手形ニ爲替無能力者ノ署名アルモ其他ノ署名ノ効力ハ此カ爲メニ妨ケラルルコト無シ
701.　The presence on a bill or note of the signature of a person incapable of so incurring liability does not affect the validity of the remaining signatures thereon.
第七百二條　手形ノ要件ヲ外觀ノ爲メニノミ記入シタル手形ハ其情ヲ知リタル者ノ爲メニハ之ヲ手形ト看做サス
702.　A bill or note in which an essential requisite has been fictitiously inserted is not to be deemed a bill or note with regard to persons aware of such fact.
第七百三條　他人ヨリ特ニ委任ヲ受クルコト無ク又ハ代理ノ事實ヲ明記スルコト無クシテ他人ノ爲メニ手形ニ署名スル者ハ此ニ因リテ自己ニ責任ヲ負フ
703.　A person who places his signature on a bill or note on behalf of another without his special instructions, or without expressly indicating that he is acting in a representative character is personally liable therefor.
第七百四條　手形ノ受取人ハ直チニ振出人ニ對シ又其後ノ各所持人ハ其前者ヲ經由シテ振出人ニ對シ番號ヲ記シタル同文ノ手形數通ノ交付ヲ求ムルコトヲ得
704.　The payee of a bill or note may directly demand the drawer or maker to furnish him with numbered parts of the same of a like tenor ; so also may any subsequent holder through the intermediary of the previous holders.
手形ノ各所持人ハ需用ニ應シテ自ラ手形ノ謄本ヲ作ルコトヲ得
Every holder of a bill or note is entitled to himself make such copies thereof as he requires.
第七百五條　手形ハ其旨趣ニ因リテ直接ニ義務ヲ負ハシム但法律又ハ商慣習ニ依リテ例外ト爲ス可キモノハ此限ニ在ラス
705.　Subject to such exceptions as are admitted by law or by the usages of trade, a bill or note is of itself binding according to the tenor of its contents.
第七百六條　法律上ノ要件ヲ揭ケサル手形又ハ其要件ト共ニ違法ノ事項ヲ揭ケタル手形又ハ旨趣カ互ニ牴觸シ其牴觸ヲ法律ノ許セル方法ヲ以テ取除クコトヲ得サル手形ハ無効タリ
706.　A bill or note which does not possess the essentials required by law, or of which the contents are illegal though possessing such essentials or are in themselves contradictory, unless such contradiction can be lawfully removed, is void.
第七百七條　手形上ノ重要ナラサル附記ハ法律上ノ要件ニ適スル手形ノ旨趣ノ効力ヲ妨クルコト無ク又爲替上ノ義務ヲ生セシムルコト無シ
707.　The validity of the contents of a bill or note which complies with legal requirements is not affected by additions on such bill or note which are immaterial to such contents ; and no liability appertaining to bills or notes as such can arise on such additions.
第七百八條　僞造又ハ變造ノ手形ハ手形トシテ其効ヲ有ス然レトモ僞造、變造ニ因リテ義務ヲ生スルコト無シ但一旦生シタル義務ハ變更セサルモノトス
708.　A forged or fraudulently altered bill or note is valid as such, but such forgery or fraudulent alteration, whilst itself creating no liability, does not affect liabilities once validly created.
僞造、變造ニ付テノ異議ハ其僞造、變造ヲ爲シタル者又ハ其情ヲ知リテ手形ヲ取得シタル者ニ對シテ之ヲ起スコトヲ得
The plea of forgery or fraudulent alteration may be set up against the forger or the person so fraudulently altering, and against any person who with knowledge thereof acquired the bill or note.
第七百九條　爲替義務ハ其負擔ニ關シテハ手形ニ記載シタル地ノ法律ニ從ヒ若シ其地ヲ記載セサルトキハ債務者ノ住所ノ法律ニ從ヒテ之ヲ定メ又其履行ニ關シテハ履行ヲ爲ス可キ地ノ法律ニ從ヒテ之ヲ定ム
709.　Liabilities appertaining to a bill or note are to be determined, so far as the contracting thereof is concerned, by the law of the place named on the bill or note, and, where no such place is named, by the law of the domicile of the debtor, and, so far as their fulfilment is concerned, by the law of the place where fulfilment is to take place.
爲替上ノ權利ヲ行使シ及ヒ保全スル爲メニスル行爲ハ其行爲ノ地ノ法律ニ從ヒテ之ヲ爲スコトヲ要ス但手形ニ其他ノ地ヲ記載シタルトキハ此限ニ在ラス
Acts to be done for the purpose of exercising or preserving rights arising on a bill or note must be performed in accordance with the law of the place where they have to be done, unless some other place is named on the instrument.
第七百十條　手形又ハ小切手ノ占有者ニシテ正當ノ方法ニ依リ且甚シキ怠慢ニ出テスシテ之ヲ取得シタル者ハ其手形又ハ小切手若クハ其代金ノ引渡ノ請求ニ應スル義務ナシ但占有者カ手形又ハ小切手ノ引渡ヲ求ムル訴ヲ起シタル場合アルニ當リ之ニ對シ抗辯ヲ爲シ得ヘキ事實ト同一ノ事實ニ因リテ請求セラルルトキハ此限ニ在ラス
710.　The possessor of a bill, note, or cheque, who has acquired it by lawful means and without gross negligence, cannot be required to deliver up such bill, note, or cheque, or the proceeds thereof, except in cases where the demand so to do is based on such facts as would constitute a plea to a claim on his part for. delivery up of the instrument to him.
第七百十一條　盜取セラレ又ハ紛失シ若クハ滅失シタル手形及ヒ小切手ニ付テハ第四百三條ノ規定ヲ適用ス
711.　The provisions of Article 403 are to be applied to bills, notes, and cheques stolen, lost or otherwise missing.
第七百十二條　爲替手形ノ引受人又ハ約束手形ノ振出人ニ對スル爲替上ノ請求權ハ滿期日ヨリ起算シ三个年ヲ以テ時効ニ罹リ又所持人若クハ裏書讓渡人ヨリ振出人若クハ前裏書讓渡人ニ對スル償還請求權ハ拒證書ヲ作リタル日若クハ請求ノ通知ヲ爲シタル日ヨリ三个年ヲ以テ時効ニ罹ル
712.　Claims arising on a bill or note against the acceptor or maker respectively are prescribed after a period of three years, calculated as beginning to run from the day of maturity ; the rights' of recourse of the holder and of the indorsers respectively against the drawer and prior indorsers are prescribed after a period of three years running from the day of protest or notification of the claim.
時効ハ訴ヲ起シ其他各箇ノ裁判上ノ手續ヲ爲スニ因リテ中斷セラレ又裁判所ノ判決ニ依リ又ハ書面ニ明示シテ債務ヲ承認シ新債務ト爲シタルニ因リテ消滅ス
Prescription is interrupted by the institution of an action as well as by any other judicial proceeding ; it is terminated by judgment, or by an express acknowledgment of the debt in writing and its conversion into a new debt.
第七百十三條　一覽拂又ハ一覽後定期拂ノ手形ニ在テハ時効ハ呈示ニ付キ規定セラレタル期間ノ滿了ヨリ始マル但其滿了前ニ呈示ヲ爲シタルトキハ此限ニ在ラス
713.　Where a bill or note is payable at sight, or at a fixed period after sight, prescription begins to run from the expiration of the period provided for presentment, if no presentment has taken place at an earlier date.
第七百十四條　手形ヨリ生スル請求權ヲ時効ニ因リ又ハ法律ニ規定シタル行爲ヲ怠リタルニ因リテ失ヒタル者ハ其失ヒタルニ拘ハラス支拂人、振出人又ハ裏書讓渡人ニ對シ此等ノ者カ支拂ハサル爲替資金若クハ取戾シタル爲替資金ニ因リテ己レヲ利シタル限度ニ於テ右請求權ヲ主張スルコトヲ得第七百十一條ノ場合ニ係ルモノト雖モ亦同シ
714.　Where a person has lost his rights of claim under a bill or note in consequence of prescription, or in consequence of the omission of acts provided for by law, he can, nevertheless, and even in the case of Article 711, enforce such rights against the drawee, drawer, maker, or indorser to the extent to which they have benefited by any provision that they have not disbursed or that has been again reimbursed to them.
第七百十五條　總テ手形ニ署名ヲ爲シタル者ハ此ニ因リ連帶シテ義務ヲ負擔ス然レトモ此連帶義務ハ各義務者ニ於テ特立ノモノトス
715.　All persons whose signatures appear on a bill or note are by virtue thereof jointly and severally liable ; such liability of each debtor is, however, quite independent of that of the others.
爲替ノ訴ハ其總員ニ對シ又ハ其一人ニ對シテ之ヲ起スコトヲ得
Actions on bills or notes may be brought against all or individual debtors on the instrument.
第一節　爲替手形
SECTION I. BILLS OF EXCHANGE.
第一款　振出
SUBSECTION 1. DRAWING.
第七百十六條　爲替手形ニハ左ノ諸件ヲ明瞭詳密ニ記載スルコトヲ要ス
716.　A bill of exchange must distinctly and accurately contain:--
第一　振出ノ年月日及ヒ場所
i.　The date when, and the place where, it is drawn ;
第二　爲替金額但文辭ヲ以テ記ス可シ
ii.　The sum payable expressed in words ;
第三　支拂人ノ氏名
iii.　The names of the drawee ;
第四　受取人ノ氏名又ハ其指圖セラレタル人若クハ所持人ニ支拂フ可キ旨及ヒ滿期日竝ニ支拂地
iv.　The names of the person to whom or to whose order payment is to be made, or else a statement that it is payable to bearer, and also the time of maturity and the place of payment ;
第五　爲替手形ト引換ニテ支拂ヲ爲ス可キ旨
v.　A statement that payment is to be made against the bill ;
第六　振出人ノ署名、捺印
vi.　The signature and seal of the drawer.
第七百十七條　振出人ハ爲替手形ヲ自己ノ指圖ニテ振出シ又ハ振出地ニ非サル地ニ於テ支拂ヲ爲ス可キトキハ自己ニ宛テ振出スコトヲ得
717.　The drawer may draw the bill payable to his own order or, if payment is to be made at a place other than that where the bill is drawn, he may draw it upon himself.
第七百十八條　爲替手形ノ金額二十五圓以上ナルトキハ無記名式ニテ振出スコトヲ得
718.　A bill may be drawn to bearer when the sum payable by it amounts to twenty five yen or more.
第七百十九條　滿期日ハ定マリタル日又ハ日附ノ後定マリタル期間又ハ一覽ノ時又ハ一覽後定マリタル期間ニ於テノミ之ヲ定ムルコトヲ得
719.　The maturity of a bill can only be fixed to be either on a certain day, or at a certain period after date, or at sight, or at a certain period after sight.
第七百二十條　爲替手形ニ滿期日ヲ記載セサルトキハ其手形ハ一覽ノ時ニ滿期ト爲ル
720.　Where no time of maturity is expressed on a bill, the bill falls due at sight.
第七百二十一條　支拂人ノ住地又ハ其他ノ地〔他所拂爲替手形〕ハ支拂地トシテ之ヲ記載スルコトヲ得他ノ地ヲ記載シタル場合ニ在テ爲替手形ニ支拂ノ爲メ他人〔他所拂人〕ヲ明記セサルトキハ支拂人ハ其記載シタル地ニ於テ支拂ヲ爲スコトヲ要ス
721.　The place of residence of the drawee or some other place (Domicile Bill) may be specified as the place of payment ; in the latter case the drawee must make payment in such place, unless some other person is named in the bill to do so (Domicile Drawee).
第二款　裏書
SUBSECTION 2. INDORSEMENT.
第七百二十二條　爲替手形ノ受取人及ヒ其後ノ各所持人ハ若シ其手形ニ反對ヲ明記セサルトキハ裏書ヲ以テ之ヲ他人ニ轉付スルコトヲ得
722.　The payee and every subsequent holder 'of a bill may transfer it to another person by indorsement, unless the contrary is expressly stated on the bill.
第七百二十三條　裏書ニハ其年月日、場所、裏書讓渡人ノ署名、捺印及ヒ裏書讓受人ノ氏名アルコトヲ要ス然レトモ白地ニテモ裏書讓渡ヲ爲スコトヲ得
723.　Each indorsement on the bill must contain the date and place, the signature and seal of the indorser and the names of the indorsee ; a bill may, however, be indorsed in blank.
第七百二十四條　裏書ニハ其日ヨリ前ノ日附ヲ爲スコトヲ禁ス之ニ違フトキハ僞造、變造ノ刑ニ處ス
724.　The ante-dating of an indorsement is prohibited as is punishable as forgery or fraudulent alteration.
第七百二十五條　無記名式ニテ振出シ又ハ白地ニテ裏書讓渡ヲ爲シタル爲替手形ハ交付ノミヲ以テ之ヲ轉付スルコトヲ得
725.　A bill drawn to bearer, or indorsed in blank, is transferable by mere delivery.
第七百二十六條　爲替手形ハ滿期後ト雖モ裏書讓渡ヲ爲スコトヲ得又代理若クハ擔保ノ爲メ裏書讓渡ヲ爲スコトヲ得
726.　A bill may be indorsed even after maturity, or for purposes of agency or guaranty.
第七百二十七條　支拂ノ爲メニスル呈示及ヒ拒證書ノ作成ヲ事情ニ因リテ正當時期內ニ爲スコトヲ得サル爲替手形ノ裏書讓渡ハ滿期後ノ爲替手形ノ裏書讓渡ニ同シ
727.　The indorsement of a bill, which, owing to circumstances, cannot be within due time presented for payment and protested, stands on the same footing as the indorsement of an overdue bill.
第七百二十八條　滿期後ノ爲替手形ノ裏書讓渡ハ其裏書讓渡人ノ權利及ヒ義務ノミヲ裏書讓受人ニ轉付スルモノトス然レトモ裏書讓受人ハ滿期後ニ爲替手形ノ裏書讓渡ヲ爲シタル各人ニ對シテ如何ナル方式ニモ覊束セラレス且獨立シタル償還請求權ヲ取得ス
728.　The indorsement of an overdue bill merely transfers the rights and obligations of the indorser to the indorsee ; the latter, however, acquires an independent right of recourse, subject to no formalities, against persons who have indorsed the bill after maturity.
第七百二十九條　代理ノ爲メ又ハ擔保ノ爲メニスル裏書讓渡ハ其目的ヲ爲替手形ニ記載セサルトキハ第三者ニ對シテ眞ノ裏書讓渡タリ
729.　An indorsement for purposes of agency or for guaranty, where such object is not indicated on the bill, counts, with regard to third persons, as a regular indorsement.
第七百三十條　代理ノ爲メニスル裏書讓渡ニシテ其目的ヲ記載シタルトキハ其裏書讓受人ニ裏書讓渡人ノ權利及ヒ義務ヲ行フ權殊ニ更ニ眞ノ裏書讓渡ヲ爲ス權ヲ付與スルモノトス但其手形ニ眞ノ裏書讓渡ヲ爲スコトヲ得サル旨ヲ記載シタルトキハ此限ニ在ラス
730.　An indorsement for purposes of agency, where such object is indicated on the bill, entitles the indorsee to the exercise of the rights and duties of the indorser, in particular, to the right of making a further regular indorsement, unless a prohibition to make a further regular indorsement is stated on the bill.
第七百三十一條　擔保ノ爲メニスル裏書讓渡〔質入爲替手形、寄託爲替手形〕ハ其目的ヲ記載シタルトキト雖モ眞ノ裏書讓渡タリ然レトモ各爲替債務者ハ爲替手形ヲ以テ擔保シタル債務ヲ支拂ヒ又ハ其他ノ方法ヲ以テ之ヲ消却シタリトノ抗辯ヲ裏書讓受人ニ對シテ爲スコトヲ得
731.　A indorsement for a guaranty (Bill Pledge, Bill Deposit) is a regular indorsement, even where such object is not stated on the bill, with the exception that every party liable on the bill may raise against the indorsee the plea of payment, or other charge of the debt which was thereby intended to be guaranteed.
第七百三十二條　裏書讓渡ハ各裏書讓渡人ノ順序カ裏書讓受人ニ至ルマテ間斷ナキトキニ限リ裏書讓受人ノ爲メ効力アリ又代理又ハ擔保ノ爲メ裏書讓渡ヲ爲シタル爲替手形ハ裏書讓渡人ニテモ裏書讓受人ニテモ更ニ裏書讓渡ヲ爲スコトヲ得
732.　An indorsement is only effective for the indorsee, where the series of indorsees up to himself is duly connected ; a bill indorsed for purposes of agency or guaranty may be further indorsed by the indorser as well as by the indorsee.
第七百三十三條　裏書讓渡ノ法律上ノ効力ハ爲替手形ニ裏書讓渡ヲ禁スル旨ヲ記載シタルカ爲メ之ヲ失フコト無シ但之ヲ禁シタル者ニ對スル償還請求權ハ此カ爲メニ消滅ス
733.　Where on a bill indorsement is prohibited, indorsements are not thereby deprived of their legal effect, but such prohibition excludes the exercise of any right of recourse against the author of the prohibition.
第三款　引受
SUBSECTION 3. ACCEPTANCE.
第七百三十四條　爲替手形ノ所持人ハ其手形ニ別段ノ記載ナキトキハ滿期日前ニ引受ノ爲メ支拂人ニ之ヲ呈示スルコトヲ得若シ支拂人其引受ヲ爲ササルトキハ其翌日拒證書ヲ作ルコトヲ要ス
734.　The holder of a bill may, in the absence of anything therein to the contrary, present it before maturity to the drawee for acceptance, and in the event of non-acceptance, must protest the bill on the day next following.
他所拂爲替手形ノ振出人ハ所持人ニ於テ引受ノ爲メ其手形ノ呈示ヲ爲ス可ク若シ爲ササルトキハ償還請求權ヲ失フ可キ旨ヲ記スルコトヲ得
The drawer of a bill, payable elsewhere than at the place of residence of the drawee, may state therein that the same is to be presented for acceptance under pain of loss of the right of recourse.
第七百三十五條　一覽後定期拂ノ爲替手形ハ別ニ短キ呈示期間ノ記載ナキトキハ日附後遲クトモ二个年內ニ引受ノ爲メ之ヲ呈示ス可シ若シ之ヲ呈示セサルトキハ振出人及ヒ裏書讓渡人ニ對スル償還請求權ヲ失フ
735.　A bill payable at a fixed period after sight is, unless a shorter period for presentment is specified therein, to be presented for acceptance at least within two years after date, failing which the right of recourse against the drawer and indorsers becomes extinguished.
支拂人カ方式ニ依レル引受ヲ拒ミ若クハ引受ノ日附ヲ爲スコトヲ拒ムトキハ其翌日拒證書ヲ作ルコトヲ要ス此場合ニ於テハ拒證書作成ノ日ヲ以テ呈示ノ日ト看做ス若シ拒證書ヲ作ラサルトキハ滿期日ハ呈示期間ノ末日ヨリ起算ス
If the drawee of such bill refuses to duly accept the bill, or to date the acceptance, the bill must be protested on the day next following. In such case the day of protest is to be taken as the day of presentment. Failing protest, the day of maturity is to be calculated from the last day of the period for presentment.
第七百三十六條　引受ハ支拂人カ爲替資金ヲ受取リタルト否トヲ問ハス爲替手形ノ所持人ニ對シテ滿期日ニ爲替金額ヲ支拂フ義務ヲ支拂人ニ負ハシム又所持人ニ引受ノ旨ヲ記シタル爲替手形ヲ還付シタル後ハ强暴又ハ詐欺ノ場合ヲ除ク外之ヲ取消スコトヲ得ス
736.　Acceptance binds the drawee with respect to the holder to pay the amount of the bill on the day of maturity, irrespective of whether he has received provision or not ; in the absence of coercion or deceit the acceptance is irrevocable from the moment the holder has received back the bill with the acceptance thereon.
第七百三十七條　引受ハ支拂人カ爲替手形ニ引受ノ旨ヲ記シテ署名、捺印ヲ爲シ又ハ署名、捺印ノミヲ爲スニ因リテ成ル此方式ニ依ラサル引受ノ効力ハ第八百五條ノ規定ニ從フ
737.　Acceptance is effected by the signed and sealed declaration of the drawee on the bill, or by his mere signature and seal thereon. The effect of any other method of signifying acceptance is to be determined by the provisions of Article 805.
第七百三十八條　卽日ニ引受ヲ爲サス又ハ條件若クハ其他ノ制限ヲ以テ之ヲ爲シタルトキハ引受人ハ其引受ノ爲メ當然覊束セラルルモ所持人ハ之ヲ拒ミタリト看做スコトヲ得若シ爲替金額ノ一分ニ付テノミ引受ヲ爲シタルトキハ他ノ部分ニ付テハ其引受ヲ拒ミタリト看做ス
738.　In the event of acceptance not taking place on the day of presentment, or in the event of the acceptance being conditional or otherwise restricted, the holder may regard the acceptance as refused, although the acceptance in itself is binding on the acceptor. An acceptance with regard to part of the sum payable is to be deemed as refused in respect of the remainder.
第七百三十九條　支拂人カ引受ノ全部若クハ一分ヲ拒ミタルトキ又ハ第七百三十七條及ヒ第七百三十八條ノ規定ニ依リテ引受ヲ拒ミタリト看做ス可キトキハ所持人ハ拒證書ノ作成ヲ遲延ナク振出人又ハ裏書讓渡人ニ通知ス可シ若シ此通知ヲ爲ササルトキハ之ヲ受ケサリシ者ニ對シテ償還請求權ヲ失フ
739.　Where the drawee has refused acceptance either in whole or in part, or where the acceptance is to be regarded in accordance with the provisions of Articles 737 and 738 as refused, the holder is forthwith to notify the drawer and the indorsers of the protest. Failure to give such notice is attended with the loss of every right of recourse against those to whom it has not been given.
又右ノ通知ヲ爲シタル所持人ハ振出人又ハ裏書讓渡人ニ對シテ爲替金額及ヒ拒證書ノ費用竝ニ戾爲替ノ費用ヲ滿期日ニ支拂フコトニ付テノ擔保ヲ求ムル權利ヲ有シ各裏書讓渡人ハ自ラ擔保ヲ爲シタルト否トヲ問ハス前者ニ對シテ右同一ノ權利ヲ有ス但拒證書ノ交付ヲ受クルニ非サレハ擔保ヲ供スル義務ナシ
A holder, who has given such notice of protest, is entitled to demand from the drawer and the indorsers guaranty for the payment on the day of maturity of the sum payable by the bill together with the expenses of protest and of the return bill. Each indorser has a similar right as against parties prior to himself, irrespective of whether he has given guaranty or not. No indorser is, however, obliged to give guaranty excepting in return for delivery of the protest.
當事者ノ一人カ爲シタル通知及ヒ其受ケタル擔保ハ其後者總員ノ爲メニモ効力アリ
The notice given by a party as well as the guaranty he has received enures for the benefit of all the parties subsequent to himself.
第七百四十條　振出人及ヒ裏書讓渡人ハ擔保ヲ爲スニ換ヘテ前條ニ揭ケタル一切ノ金額ヲ卽時ニ所持人ニ支拂ヒ又ハ卽時ニ供託所ニ寄託スルコトヲ得
740.　The drawer and the indorsers may, in lieu of giving guaranty, either forthwith pay the amounts in the preceding Article specified, or deposit them in a Public Deposit Office (Kiotakusho).
第七百四十一條　擔保又ハ寄託ハ後ニ至リ爲替手形ノ引受アリタルトキ又ハ爲替金額若クハ償還金額ノ支拂アリタルトキ又ハ所持人カ時効若クハ懈怠ニ因リテ爲替手形上ノ權利ヲ失ヒタルトキハ其生シタル費用ヲ引去リテ之ヲ還付スルコトヲ要ス
741.　Upon subsequent acceptance of the bill, or upon payment of the amount of the bill or of the sum recoverable by recourse, or upon the loss by the holder of his rights under the bill by prescription or from neglect, the guaranty given or the deposit made must be returned after deducting the expenses incurred.
第七百四十二條　第七百四十條ノ規定ニ從ヒテ爲替金額及ヒ費用ヲ所持人ニ支拂ヒタル者ハ其所持人ニ對シテ裏書讓渡ヲ求メ且爲替手形ト共ニ受取證ヲ記シタル償還計算書ノ交付ヲ求ムルコトヲ得
742.　A person who in accordance with the provisions of Article 740 pays to the holder the amount of the bill together with expenses may demand from him indorsement and delivery of the bill together with a receipted recourse account.
第四款　榮譽引受
SUBSECTION 4. ACCEPTANCE FOR HONOUR.
第七百四十三條　支拂人カ引受ヲ拒ミタル爲替手形ニ同地ニ於ケル豫備支拂人ヲ揭ケタルトキハ其爲替手形ヲ拒證書ト共ニ引受ノ爲メ遲延ナク豫備支拂人ニ呈示ス可シ
743.　Where a bill which the drawee has refused to accept contains a reference in case of need to some person in the same place, the bill, together with the protest, is forthwith to be presented to such referee in case of need for acceptance.
第七百四十四條　豫備支拂人ヲ揭ケサルトキト雖モ支拂人及ヒ第三者ハ拒マレタル爲替手形ヲ振出人又ハ裏書讓渡人ノ榮譽ノ爲メニ引受クルコトヲ得然レトモ所持人ハ此ノ如キ參加ヲ許諾スル義務ナシ
744.　Although no referee in case of need is named, the drawee or any third person may accept the protested bill for the honour of the drawer or of an indorser, but the holder is not bound to allow such intervention.
第七百四十五條　二人以上ノ參加人アルトキハ最モ多數ノ義務者ノ榮譽ノ爲メニ引受ヲ爲ス者ヲ以テ榮譽引受人トス若シ受榮譽者ヲ記載セサルトキハ振出人ヲ受榮譽者ト看做ス
745.　In the event of two or more persons intervening, the one who accepts for the honour of the greatest number of persons liable on the bill is to be preferred. Where the person for whose honour acceptance is made, is not named it is deemed to be made for the honour of the drawer.
第七百四十六條　豫備支拂人ノ引受其他所持人カ許諾シタル參加人ノ引受ハ受榮譽者及ヒ其後者ニ擔保ヲ供スル義務ヲ免カレシム
746.　An acceptance by a referee in case of need, or by some other person intervening with the consent of the holder, discharges the party for whose honour it is made and all parties subsequent to him from their liability to give guaranty.
第七百四十七條　榮譽引受ハ支拂人カ支拂ヲ爲ササルトキニ於テ參加人ニ滿期後爲替金額ヲ支拂フ義務ヲ負ハシム
747.　An acceptance for honour binds the intervener to pay the sum payable by the bill when it falls due, if it is not paid by the drawee.
第七百四十八條　榮譽引受ハ參加人爲替手形ニ之ヲ記載シテ署名、捺印シ且拒證書若クハ其附箋ニ之ヲ記載スルコトヲ要ス
748.　The acceptance for honour must be declared on the bill by the intervener for honour and signed and sealed by him, and must be mentioned on the protest or on a paper attached thereto.
第七百四十九條　拒證書ハ拒證書費用ノ辨償ヲ受ケタル上之ヲ參加人ニ交付シ參加人ハ遲クトモ拒證書作成ノ翌日受榮譽者ニ榮譽引受ヲ爲シタル旨ヲ通知シテ拒證書ヲ送付スルコトヲ要ス若シ此事ヲ怠ルトキハ此ニ因リテ生スル損害ニ付キ責任ヲ負フ
749.　On repayment of the expenses of protest, the protest must be delivered up to the person intervening, and must be forwarded by him, at the latest on the day next succeeding the date of protest, to the party for whose honour the bill has been accepted, with a communication of the fact of acceptance for honour. If he neglects to do this he is liable for any damage occasioned by his neglect.
第七百五十條　受榮譽者及ヒ其前者ハ擔保ヲ求ムル權利ヲ有ス然レトモ所持人ハ第七百四十四條ニ依リテ榮譽引受ヲ許諾セサルトキニ非サレハ之ヲ有セス
750.　The right to guaranty is enforceable unconditionally by the party for whose honour the bill was accepted and by parties prior to him, but the holder can only enforce such right, if he was entitled in conformity with Article 744 to decline the acceptance for honour.
第五款　保證
SUBSECTION 5. SECURITY.
第七百五十一條　爲替手形ニ於テ爲替債務者ノ署名ニ自己ノ署名ヲ添フル第三者ハ其債務者ト連帶シテ義務ヲ負フ
751.　Where on a bill a third person appends his signature to that of a party already liable thereon, he thereby renders himself jointly and severally liable with such other party.
第七百五十二條　前條ノ義務ヲ負擔スルニハ別ニ書面上ノ陳述ヲ以テスルコトヲ得
752.　A person may take upon himself the liability in the preceding Article mentioned by means of a separate declaration in writing.
第七百五十三條　爲替保證ノ義務ハ明示ノ契約ヲ以テ之ヲ制限スルコトヲ得然レトモ其制限ハ契約ヲ爲シタル當事者間ニノミ効力アリ
753.　Liability by security may be limited by express contract, but such limitation is only operative between the parties to such contract.
第六款　支拂
SUBSECTION 6. PAYMENT.
第七百五十四條　爲替金額ハ爲替手形ニ記載シタル貨幣ヲ以テ之ヲ支拂フ可シ若シ特ニ貨幣ノ種類ヲ表示セサルトキハ支拂地ニ於テ商人間ニ流通スル貨幣ヲ以テ支拂ヲ爲ス意思ナリト推定ス
754.　The sum payable by a bill is to be paid in the money in which it is expressed to be payable. Where a bill does not specify any currency, it is presumed that it is intended to be payable in the money current amongst the traders at the place of payment.
第七百五十五條　支拂ハ第七百七十八條ノ場合ヲ除ク外ハ支拂人カ引受ヲ爲シタルト否トヲ問ハス滿期日ニ支拂人ノ方ニテ之ヲ受クルモノトス
755.　Excepting in the case of Article 778, payment is to be received at the drawee's on the day of maturity irrespectively of whether he has accepted or not.
支拂恩惠期日ハ之ヲ許サス然レトモ其地慣習ノ支拂日ハ之ヲ遵守スルコトヲ要ス
No days of grace are admissible, but days for payment customary at a place must be observed.
第七百五十六條　滿期日カ一般ノ休日ニ當ルトキハ其後ノ業日ヲ以テ支拂日トス
756.　Where the day of maturity is a general holiday, the next succeeding business day is the day for payment.
第七百五十七條　一覽拂爲替手形ハ呈示ノ日ニ滿期ト爲ル若シ日附後二个年內ニ呈示ヲ爲ササルトキ又ハ二个年內ノ呈示期間ヲ其手形ニ定メサルトキハ日附後二个年ヲ以テ滿期ト爲ル若シ正當ノ時期ニ呈示ヲ爲ササルトキハ所持人ハ振出人及ヒ裏書讓渡人ニ對スル償還請求權ヲ失フ
757.　A bill at sight falls due on the day of presentment, or at the expiration of two years from the date of the bill, if no earlier presentment has taken place or no shorter period for presentment is specified on it. Where the bill is not presented within due time, the holder loses his right of recourse against the drawer and the indorsers.
第七百五十八條　債權者カ爲替金額ヲ滿期日ニ受取ラサルトキハ支拂人ハ債權者ノ費用及ヒ危險ニテ其金額ヲ供託所ニ寄託スルコトヲ得此場合ニ於テハ支拂人ハ甚シキ怠慢ニ付テノミ責任ヲ負フ
758.　Where the creditor does not collect the sum payable by a bill on the day of maturity, the drawee may deposit it in a Public Deposit Office at the expense and risk of the creditor, and he is in such case only liable for gross negligence
第七百五十九條　債權者ハ滿期日前ニ支拂ヲ受クル義務ナシ若シ滿期日前ニ支拂ヲ爲シタルトキハ債務者其危險ヲ負擔ス
759.　The creditor is not bound to accept payment before the day of maturity. Payment before the day of maturity is made at the risk of the debtor.
第七百六十條　債務者ハ滿期ノ時又ハ後ニ所持人ニ支拂ヲ爲スヲ以テ其責ヲ免カル但其際債務者ニ甚シキ怠慢アリタルトキハ此限ニ在ラス
760.　Payment to the holder of a bill at or after maturity discharges the debtor, unless he is chargeable with gross negligence in making such payment.
第七百六十一條　支拂ハ受取證ヲ記シタル爲替手形ノ交付ト引換ニ非サレハ之ヲ受クルコトヲ得ス
761.　Payment can only be obtained in return for delivery of the receipted bill.
債權者ハ一分ノ支拂ヲ拒ムコトヲ得ス但一分ノ支拂ノ場合ニ在テハ爲替手形ニ其支拂ヲ記入シ且其支拂ニ付テノ別段ノ受取證ヲ債務者ニ交付ス可シ
The creditor may not refuse to accept part payment ; in the event of any such payment he is to note it on the bill and deliver to the debtor a special receipt therefor.
第七百六十二條　爲替手形ヲ數通ニシテ振出シタルトキハ債務者ハ其中ノ孰レニ依リテ支拂ヲ爲スモ此ニ因リテ其責ヲ免カル然レトモ裏書アル一通又ハ支拂人ノ引受ヲ記シタル一通ヲ所有者トシテ占有スル第三者ノ權利ヲ妨ケス
762.　Where a bill is drawn in parts, the debtor is discharged by payment of any one part ; without prejudice, however, to the rights of a third person who possesses as owner a part bearing an indorsement or the acceptance of the drawee.
第七百十條及ヒ第七百十一條ノ規定ハ一爲替手形ノ數通ノ引渡及ヒ喪失ニモ之ヲ適用ス
The provisions of Articles 710 and 711 apply also to the delivery up of parts of a bill and to where parts of a bill are missing.
第七百六十三條　引受人ハ一爲替手形ノ數通中ニテ其引受ヲ記セサルモノニ對シテハ擔保ヲ供セシメタル上ニ非サレハ支拂ヲ爲ス義務ナシ引受ヲ記シタル爲替手形數通アル場合ニ在テハ之ヲ合シテ引渡ササルトキモ亦同シ若シ擔保ノ提供ヲ爲スニ拘ハラス引受人カ支拂ヲ拒ムトキハ所持人ハ拒證書ヲ作ルコトヲ得
763.　On a part which does not bear the acceptance of the acceptor, or where in the case of two or more acceptances these are not all delivered up the acceptor is only bound to pay on receiving guaranty. Should he refuse payment, notwithstanding tender of guaranty, the holder may protest the bill.
第七百六十四條　滿期ノ時又ハ後ニ於テ爲替手形上ノ正當ノ所持人ニ爲ス支拂ハ其所持人カ破產宣吿ヲ受ケタル場合又ハ第七百十條及ヒ第七百十一條ノ場合ニ限リ裁判所ノ命令ヲ以テノミ之ヲ差押フルコトヲ得
764.　Payment at or after maturity to a holder who is lawfully entitled on the bill can only be attached by an order of the Court in case where the holder has been adjudged bankrupt, or in the cases in Articles 710 and 711 mentioned.
第七百六十五條　支拂ニ對シ前條以外ノ方法ヲ以テスル故障又ハ債務者ノ知ラサル人ニ爲ス支拂ニ付テハ第四百條ノ規定ヲ適用スルコトヲ得
765.　With regard to opposition to payment other than that in the preceding Article mentioned or to payment to a person who is unknown to the debtor, the provisions of Article 400 apply.
第七百六十六條　第七百十條及ヒ第七百十一條ノ場合ニ在テハ爲替手形ニ付キ自己ノ所有權ヲ疏明シ且裁判所ノ命令ヲ得タル者ハ判決ノ確定前ニ擔保ヲ供シテ爲替金額ノ支拂ヲ求メ又ハ擔保ヲ供セスシテ爲替金額ヲ供託所ニ寄託スルヲ求ムルコトヲ得此寄託ノ場合ニ在テモ第七百五十八條ノ規定ヲ適用ス
766.　Where, in the case by Articles 710 and 711 provided for, a person has rendered his ownership of a bill credible and has obtained an order of the Court, he may before final and conclusive judgment demand that payment of the sum payable by the bill be made to him on his giving guaranty, or that without giving such guaranty, such sum be deposited in a Public Deposit Office ; in this latter case the provisions of Article 758 apply.
第七百六十七條　支拂人カ正當ノ理由ナクシテ滿期日ニ爲替金額ノ支拂又ハ寄託ヲ拒ムトキハ所持人ハ其次ノ業日ニ拒證書ヲ作リ且所持人カ償還請求ヲ爲サント欲スル者ニ拒證書ノ作成ヲ通知スルコトヲ要ス然レトモ所持人ハ爲替手形ニ明記アルニ因リテ拒證書作成ノ義務ヲ免カルルコトヲ得
767.　Where on the day of maturity the drawee refuses without just cause either to pay or deposit the sum payable by the bill, the holder must protest the bill on the next succeeding business day and notify the protest to the persons against whom he intends to have recourse ; the protest may, however, be dispensed with by an express statement to such effect on the bill.
第七款　榮譽支拂
SUBSECTION 7. PAYMENT FOR HONOUR.
第七百六十八條　拒マレタル爲替手形ハ振出人又ハ裏書讓渡人ノ榮譽ノ爲メ榮譽引受人、支拂人又ハ第三者之ヲ支拂フコトヲ得
768.　A protested bill may be paid for the honour of the drawer or for the honour of an indorser by the acceptor for honour, by the drawee, or by any third person.
第七百六十九條　豫備支拂人其他ノ參加人ノ引受ヲ記シタル爲替手形ハ拒證書作成ノ後直チニ榮譽引受人ニ支拂ノ爲メ之ヲ呈示ス可シ
769.　A bill bearing the acceptance of a referee in case of need, or of some other person intervening, is to be presented to the acceptor for honour for payment immediately after the bill has been protested.
第七百七十條　榮譽支拂若クハ其拒絕又ハ其提供ハ何レノ場合ニ於テモ之ヲ支拂拒證書又ハ其附箋ニ記載ス可シ
770.　Payment for honour or the refusal or offer thereof is in every case to be mentioned on the protest for non-payment or on a paper attached thereto.
其拒證書ハ爲替手形ト共ニ拒證書費用ノ辨償ヲ受ケタル上之ヲ榮譽支拂人ニ交付ス
The protest for non-payment, together with the bill, is to be delivered up to the payer for honour in return for repayment of the expenses of protest.
第七百七十一條　榮譽支拂人ハ引受人、振出人及ヒ裏書讓渡人ニ對シテ所持人ノ權利ヲ承繼ス但其權利ヲ主張スルニハ所持人ト同一ノ義務ヲ履行スルコトヲ要ス
771.　The payer for honour succeeds to the rights of the holder against the acceptor, the drawer, and the indorsers ; but in order to enforce such rights, he must fulfil the same obligations as the holder.
第七百七十二條　榮譽支拂ハ受榮譽者ノ後者總員ヲシテ責ヲ免カレシム
772.　Payment for honour discharges all parties subsequent to the party for whose honour payment was made.
第七百七十三條　榮譽支拂ヲ提供スル者二人以上アルトキハ支拂人ヲ以テ榮譽支拂人トシ之ニ次テハ最モ多數ノ義務者ヲシテ責ヲ免カレシムル者ヲ以テ榮譽支拂人トス
773.　Where two or more persons offer to pay a bill for honour, the drawee, and, failing him, the person whose payment will discharge the greatest number of persons liable on the bill is to be preferred.
第七百七十四條　所持人ハ榮譽支拂ヲ受クルコトヲ拒ムニ因リテ受榮譽者及ヒ其後者ニ對スル償還請求權ヲ失フ
774.　By refusal to receive payment for honour the holder of the bill loses his right of recourse against the party for whose honour payment was offered and the parties subsequent to him.
第八款　償還請求
SUBSECTION 8. RECOURSE.
第七百七十五條　支拂人カ滿期日ニ爲替手形ノ支拂ヲ爲ササルトキハ所持人ハ振出人及ヒ裏書讓渡人ニ對シ爲替金額及ヒ其利息竝ニ不拂ニ因リテ生シタル一切ノ費用ニ付キ償還請求權ヲ有ス
775.　In the event of the drawee failing to pay the bill on the day of maturity, the holder has a right of recourse against the drawer and the indorsers for the payment of the sum payable by the bill with interest and for repayment of all expenses caused him by the non-payment.
第七百七十六條　所持人ハ爲替手形ヲ滿期日ニ支拂ノ爲メ呈示ス可シ若シ支拂ヲ爲ササルトキハ滿期日ノ次ノ業日ニ支拂拒證書ヲ作ル可シ但第七百六十一條第二項ニ揭ケタル一分ノ支拂ノ場合ニ於テモ亦同シ
776.　The holder is to present the bill for payment on the day of maturity, and where no payment ensues, he is, on the business day next following the day of maturity, to protest for non-payment. The same applies in the case of part-payment in the second paragraph of Article 761 specified.
第七百七十七條　支拂拒證書ハ既ニ引受拒證書ヲ作リタルトキニモ債務者カ死亡シ又ハ破產宣吿ヲ受ケ又ハ其所在ノ知レサルトキニモ之ヲ作ル可シ
777.　Protest for non-payment is to be made even where protest for non-acceptance has already been made, or where the debtor is dead, or adjudged bankrupt, or his whereabout is unknown.
第七百七十八條　引受人ニ對シテ爲替權利ヲ保全スルニハ滿期日ニ於ケル呈示及ヒ拒證書ノ作成ヲ要セス然レトモ他所拂爲替手形ハ他所拂人若シ他所拂人ノ記載ナキトキハ支拂人ニ其爲替手形ヲ支拂フ可キ地ニ於テ支拂ノ爲メ之ヲ呈示ス可シ若シ支拂ヲ爲ササルトキハ同地ニ於テ拒證書ヲ作ル可シ
778.　Neither presentment on the day of maturity nor protest are necessary to preserve the rights on a bill against the acceptor. Nevertheless, a bill payable elsewhere than at the domicile of the drawee is to be presented for payment to the other person named therein, and, where no such person is named, then to the drawee at the place where the bill is expressed to be payable, and where payment of the bill is not made, it is to be protested at such place.
第七百七十九條　引受人カ破產宣吿ヲ受ケ其他資力ノ確ナラサルニ至リタル場合ニ於テ爲替支拂ノ爲メ十分ナル擔保ヲ供セサルトキハ所持人ハ滿期日前ニ支拂拒證書ヲ作リテ償還請求ヲ爲スコトヲ得
779.　Protest for non-payment may be made and recourse pursued before maturity by the holder, if the acceptor is adjudged bankrupt, or his solvency has otherwise become doubtful, and sufficient guaranty is not given for payment of the bill.
第七百八十條　所持人ハ振出人及ヒ裏書讓渡人ノ各員又ハ總員ニ對シ償還請求ヲ爲スコトヲ得又償還請求ヲ受ケタル裏書讓渡人ハ其前者ニ對シテ同一ノ權利ヲ有ス
780.　The holder of the bill may pursue his recourse against the drawer and indorsers individually or collectively ; every indorser against whom recourse has been instituted has the same right against parties prior to himself.
第七百八十一條　償還請求ヲ爲ス者ハ第七百三十九條ノ規定ニ依リテ引受拒證書作成ノ通知ヲ爲シタルニ拘ハラス尙ホ其償還請求ヲ爲サント欲スル前者ニ書面ヲ以テ其請求及ヒ支拂拒證書作成ノ通知ヲ爲スコトヲ要ス其通知ハ所持人ニ在テハ拒證書ヲ作リタル日ノ翌日、裏書讓渡人ニ在テハ通知書ヲ受取リタル日ノ翌日之ヲ爲ス可シ但裏書讓渡人ノ通知ハ其後者ノ爲メニモ効力アリ
781.　A person exercising his right of recourse, must, irrespective of whether the protest for non-acceptance has been notified in conformity with the provisions of Article 739, give in addition notice in writing of such recourse, and of the protest for non-payment to the prior parties against whom recourse is intended to be had, in the case of the holder, on the day after protest, and in the case of an indorser, on the day after the receipt of the notice. Such notice when given by an indorser enures for the benefit of parties to the bill subsequent to him.
第七百八十二條　前者ニ對シテ償還請求ヲ爲シタルモ此カ爲メニ其後者ハ償還義務ヲ免カレス
782.　Where recourse is had to a prior party, parties subsequent to him are not thereby discharged from their liability to recourse.
第七百八十三條　拒證書作成ノ義務免除ニ因リテ拒證書作成ノ權利及ヒ償還請求權ハ消滅セス然レトモ此場合ニ於テ其免除ヲ爲シタル者ノ後者ニ在テハ其免除ヲ爲シタル者ニ對シ謄本ヲ以テ爲替手形ノ送付ヲ爲スト同時ニ書面ニテ償還請求ノ通知ヲ爲スヲ以テ足レリトス
783.　The dispensing with protest does not operate as a cancellation of the right of protest or of the right of recourse, but in such case notice in writing of recourse, together with transmission of a copy of the bill, suffices as against the party dispensing with the protest, for all parties subsequesent to him.
第七百八十四條　償還請求ノ訴ハ償還請求權ヲ得タル者ヨリ償還請求ヲ受ク可キ者ニ對シ時効期間中何時ニテモ之ヲ起スコトヲ得
784.　An action of recourse may, at any time within the period of prescription, be instituted against any party against whom a recourse claim has accrued by the person who has acquired the same.
第七百八十五條　償還請求權ハ支拂人カ爲替資金ヲ受取リタリトノ抗辯ノ爲メニ効力ヲ失フコト無シ然レトモ爲替資金ヲ供スル義務アル者ニ對シテハ其者カ爲替資金ヲ供セサリシトノ抗辯ヲ爲スコトヲ得
785.　The plea that the drawee has received provision does not invalidate the recourse claim, but the plea that provision was not given by a party bound to furnish it is admissible against such party.
第七百八十六條　償還請求ハ左ノ額ニ付キ之ヲ爲スコトヲ得
786.　A recourse claim can be brought in respect of the following:--
第一　爲替金額及ヒ滿期日ヨリ起算シタル年百分ノ七ノ利息
i.　The sum payable by the bill, together with interest thereon at the rate of seven per cent per annum from the day of maturity ;
第二　拒證書ノ費用其他必要ナル立替金
ii.　The expenses of protest and other necessary disbursements ;
第三　戾爲替ヲ振出シタルトキハ其費用
iii.　The expenses of the return-bill, if any.
第七百八十七條　償還請求權ヲ得タル者ハ償還義務者ニ對シ償還金額ヲ限トシテ其動產ノ假差押ヲ裁判所ニ申立ツルコトヲ得然レトモ償還請求ノ訴ヲ十四日內ニ起ササルトキハ其差押ハ無効ト爲ル
787.　Where a person has acquired a right of recourse, he may apply to the Court for provisional seizure of the movables of the recourse debtor to the amount of the sum payable by such party ; if, however, the action of recourse is not instituted within fourteen days the provisional seizure becomes void.
所持人ハ引受人ニ對シテ右同一ノ權利ヲ有ス
The holder of a bill has the same right against the acceptor.
第七百八十八條　償還義務者ハ爲替手形、拒證書及ヒ受取證ヲ記シタル償還計算書ノ交付ヲ受クルニ非サレハ支拂ヲ爲ス義務ナシ
788.　The recourse debtor is only bound to pay on having delivered to him the bill, the protest, and a receipted recourse account.
第七百八十九條　爲替義務者ハ償還金額ノ支拂ト引換ニテ受取證ヲ記シタル爲替手形及ヒ支拂拒證書ノ交付ヲ所持人ニ求ムル權利アリ
789.　Every debtor under a bill is entitled, on payment of the amount recoverable by recourse, to demand of the holder delivery of the receipted bill and of the protest for non-payment.
第九款　拒證書作成
SUBSECTION 9. PROTEST.
第七百九十條　拒證書ハ裁判所ノ役員又ハ公證人之ヲ作ルモノトス若シ其地ニ此等ノ人ナキトキハ被拒者ニ於テ證人二人ノ立會ヲ以テ之ヲ作ル可シ但其證人ハ成年ノ男子ニシテ成ル可ク商人タルコトヲ要ス
790.　Every protest is to be made by an officer of the Court or by a notary, or, where there are no such persons at the place, by the protesting party himself in the presence of two male witnesses, who have attained majority and who should, when possible, be traders.
第七百九十一條　拒證書ハ拒者ノ營業場若シ營業場ナキトキハ其住居ノ內若クハ傍ニ於テ之ヲ作ル可シ但拒者不在ナルトキ又ハ臨席ヲ肯セス若クハ來入ヲ拒ムトキト雖モ亦同シ
791.　Protest is to be made at the place of business or, where none exists, in or at the residence of the party against whom protest is made, and even notwithstanding that he is not to be found, or refuses to be present, or denies admittance.
若シ已ムヲ得サル場合アルトキハ裁判所又ハ公證人役場ニ於テ拒證書ヲ作ルコトヲ得
In cases of necessity protest may be made at the Court or at the office of a notary.
第七百九十二條　拒者ノ營業場及ヒ住居ノ知レサル場合ニ於テ支拂地ノ官署ニ問合ヲ爲スモ尙ホ知ルコトヲ得サルトキハ拒證書ハ其官署內ニ於テ之ヲ作ルコトヲ要ス
792.　Where the place of business and residence of the party against whom protest is to be made, are unknown, and cannot on application to the local authority of the place of payment be ascertained, the protest must be made at the office of the latter.
第七百九十三條　法律上定メタル場所ノ外ニ於テハ拒者ノ承諾アルモ拒證書ヲ作ルコトヲ得ス
793.　Protest may not be made, even with the consent of the party against whom it is to be made at any place other than such as is appointed by law.
第七百九十四條　一般ノ休日ニハ拒證書ヲ作ルコトヲ得ス然レトモ通常ノ取引時間外ニ於テ之ヲ作ルハ妨ナシ
794.　Protest may not be made on a general holiday ; but protest out of ordinary business hours is not prohibited.
第七百九十五條　拒證書ニハ左ノ諸件ヲ記載スルコトヲ要ス
795.　The protest must contain :--
第一　爲替手形ノ全文但最後ノ裏書ニ至ルマテ遺漏ナク記載ス可シ
i.　A literal transcript of the bill and all that appears thereon, up to and including the final indorsement ;
第二　拒者ノ臨席又ハ不在
ii.　Mention of the presence or absence of the party against whom protest is made ;
第三　引受、支拂又ハ擔保ノ要求及ヒ拒絕竝ニ拒絕ノ理由
iii.　The demand for acceptance, payment or guaranty, and the refusal thereof, with the reasons therefor ;
第四　右要求及ヒ拒絕ノ日竝ニ場所
iv.　The date and place of such demand and of such refusal ;
第五　榮譽引受又ハ榮譽支拂アルトキハ其旨
v.　In the event of acceptance for honour or payment for honour, mention thereof ;
第六　年月日、場所及ヒ臨席總員ノ署名、捺印
vi.　The date and place, and the signatures and seals of all persons present.
若シ拒者カ署名、捺印スルコトヲ欲セス又ハ署名、捺印スルコト能ハサルトキハ其旨ヲ證書ニ明記ス可シ
If the party against whom protest is made is unwilling to sign and to seal the same or is incapable of so doing, such fact is to be expressly recorded on the protest.
第七百九十六條　第七百九十一條乃至第七百九十四條ノ規定ハ引受又ハ支拂ノ爲メニスル呈示、爲替手形數通ノ要求其他本章ノ規定ニ從ヒ或人ノ方ニテ爲ス可キ行爲ニモ之ヲ適用ス
796.　The provisions of Articles 791-794 apply also to presentment for acceptance or payment, to demands for parts, and to other acts which in conformity with the provisions of this Chapter have to be done at any specified person's.
第七百九十七條　第七百十條及ヒ第七百十一條ノ場合ニ於テハ其情況ヲ拒證書ニ明示シ且成ル可ク詳細ニ爲替手形ノ旨趣ヲ記シテ爲替手形ノ全文ニ代フ
797.　In the cases mentioned in Articles 710 and 711, the transcript of the bill is to be replaced by setting forth its contents as accurately as possible, together with a clear statement of the attendant circumstances.
第七百九十八條　裁判所ノ役員又ハ公證人ハ其作リタル拒證書ノ全文ヲ日日帳簿ニ記入シ且被拒者ノ求ニ因リテ數通ニ之ヲ作ル義務アリ
798.　Officers of the Courts and notaries are bound to enter in full day by day in a register the protests drawn up by them, and, on demand, to issue duplicates thereof to the persons protesting.
拒證書作成ノ費用ハ被拒者之ヲ立替フルコトヲ要ス
The expenses of protest must be advanced by the protesting party.
第十款　戾爲替手形
SUBSECTION 10. RETURN BILLS.
第七百九十九條　所持人ハ償還金額ニ付キ各償還義務者ニ對シテ戾爲替手形ヲ振出スコトヲ得
799.　The holder of a bill of exchange is entitled to draw a return bill upon any recourse debtor for the amount recoverable by recourse.
第八百條　戾爲替手形ノ費用ノ額ハ仲買人手數料、仲立人手數料、郵便稅、印紙稅及ヒ支拂地ヨリ償還義務者ノ住地ニ宛テ振出シタル一覽拂爲替手形ノ相場ニ因リテ定マル
800.　The expense of the return bill is determined by the fees for commission or brokerage, by the postage, by the stamp duty, and by the rate of exchange for a sight bill drawn at the place of payment on the place where the recourse debtor resides.
右ノ相場ハ戾爲替手形ヲ遞次振出ス場合ト雖モ本爲替手形ノ支拂地ヨリ振出地ニ宛テタル一覽拂爲替手形ノ相場ヲ超ユルコトヲ得ス此二箇ノ相場ハ仲立人ノ認證ヲ受クルコトヲ要ス
Such rate of exchange must in no case, and not even in the case of the successive drawing of two or more return bills, exceed the rate of exchange for a sight bill drawn at the place of payment of the original bill on the place of issue of the same. Each of these rates of exchange must be certified by a broker.
第八百一條　戾爲替手形ニハ拒マレタル爲替手形、拒證書、償還計算書及ヒ前條ノ二箇ノ相場認證書ヲ添フ可シ
801.　The return bill is to be accompanied by the protested bill, the protest, and the recourse account, together with the two certificates of the rate of exchange.
第八百二條　戾爲替手形ヲ支拂ヒタル者ハ其前者中ノ一人ニ宛テ更ニ戾爲替手形ヲ振出スコトヲ得
802.　A party having paid the return bill is on his side entitled to draw a return bill upon any party prior to himself.
第十一款　資金
SUBSECTION 11. PROVISION.
第八百三條　振出人又ハ自己ノ計算ニテ爲替手形ヲ振出サシメタル者又ハ明示シテ爲替資金ヲ供スル義務ヲ負ヒタル裏書讓渡人ハ支拂人ニ對シテ爲替資金ヲ供スル義務ヲ負フ
803.　The parties bound to furnish the drawee with provision are the drawer, the person for whose account the bill is drawn, and any indorser who has expressly engaged to do so.
第八百四條　現金支拂ノ外爲替資金義務者カ支拂人ニ對シテ有スル債權又ハ信用ハ之ヲ爲替資金ニ充ツルコトヲ得
804.　Apart from money payment, any right of claim of a party liable for provision against the drawee, and every credit such party may have with the drawee may serve for provision.
第八百五條　方式ニ依ラサル引受ト雖モ其引受ニ依リテ引受人カ爲替資金義務者ヨリ爲替資金ヲ受取リタリトノ推定ヲ生ス但參加引受ヲ爲シタルトキハ此限ニ在ラス
805.　An acceptance, even when informal, carries with it a presumption that the party liable for provision has furnished it to the acceptor, excepting where the acceptance was that of a person intervening
第八百六條　爲替資金義務者ト所持人トノ間ニ在テハ爲替手形ノ引受ニ依リテ爲替資金ヲ供シタリトノ推定ヲ生セス
806.　As between the parties liable for provision and the holder of the bill, the acceptance of the bill founds no presumption that provision exists
第八百七條　爲替手形ノ支拂ヲ爲シタル支拂人ハ爲替資金ノ請求權ヲ爲替ノ原則ニ從ヒテ主張スルコトヲ得
807.　A drawee who has paid the bill is entitled to enforce his claim for provision in accordance with the rules of law governing bills of exchange.
第八百八條　支拂人ニ代ハリテ爲替手形ノ支拂ヲ爲シタル者ハ支拂人又ハ償還義務者ニ對シテ所持人ノ權利ヲ主張スルコトヲ得
808.　Where a person has paid a bill in place of the drawee, he may enforce the rights of the holder against the drawee or against the recourse debtors.
第八百九條　振出人及ヒ裏書讓渡人ハ爲替資金ヲ供シタルモ爲替手形ノ引受及ヒ支拂ニ付キ連帶ノ責任ヲ免カルルコトヲ得ス然レトモ其責任ハ別段ノ契約ヲ以テ其契約者間ニ於テノミ之ヲ制限シ又ハ廢止スルコトヲ得
809.　The drawer and the indorsers remain jointly and severally liable for the acceptance and payment of the bill, even where they have furnished provision ; nevertheless, their liability may be limited or annulled by special contract between the contracting parties.
第八百十條　支拂人ハ爲替資金ヲ受取リタルトキハ勿論假令之ヲ受取ラサルモ振出人其他ノ爲替資金義務者ニ對シ爲替手形ノ引受及ヒ支拂ノ義務ヲ明示ニテ負擔シタルトキハ引受若クハ支拂ヲ爲ササルニ因リテ振出人其他ノ爲替資金義務者ニ生セシメタル損害ニ付キ責任ヲ負フ但此損害ニ付テノ請求ハ豫メ之ヲ支拂人ニ通知スルコトヲ要セス
810.　A drawee, who has received provision, or who, in the absence thereof, has expressly bound himself with respect to the drawer or to any other party liable to provision to accept and pay the bill, is liable to such person for any damage occasioned him by non-acceptance or non-payment, without any previous notice of a claim in respect of such damage being required to be given to the drawee.
第二節　約束手形
SECTION II. PROMISSORY NOTES.
第八百十一條　約束手形ニハ左ノ諸件ヲ明瞭詳密ニ記載スルコトヲ要ス
811.　A promissory note must distinctly and accurately contain :--
第一　振出ノ年月日及ヒ場所
i.　The date when and place where it is made ;
第二　支拂金額但文辭ヲ以テ記ス可シ
ii.　The sum payable expressed in words ;
第三　受取人ノ氏名又ハ其指圖セラレタル人ニ支拂フ可キ旨
iii.　The names of the person to whom or to whose order, payment is to be made ;
第四　滿期日
iv.　The time of maturity ;
第五　約束手形ト引換ニテ支拂ヲ爲ス可キ旨
v.　A statement that payment is to be made against the note ;
第六　振出人ノ署名、捺印
vi.　The signature and seal of the maker.
第八百十二條　約束手形ハ振出人ノ指圖ニテ之ヲ振出スコトヲ得ス
812.　A promissory note cannot be made to the order of the maker.
第八百十三條　約束手形ニ別段ノ支拂地ヲ揭ケサルトキハ振出ノ場所ニ於テ其支拂ヲ爲スコトヲ要ス
813.　Where no particular place of payment is named, the note must be paid at the place where it was made.
第八百十四條　約束手形ノ振出人ハ其振出ニ因リテ滿期日ニ支拂ヲ爲ス義務ヲ負擔ス
814.　The maker of a promissory note by making it binds himself to pay it on the day of maturity.
振出人ニ對シテ爲替權利ヲ保全スルニハ引受ヲモ支拂ノ爲メノ呈示ヲモ拒證書ノ作成ヲモ要スルコト無シ然レトモ一覽後定期拂ノ約束手形又ハ他所拂人ヲ揭ケタル約束手形ニ在テハ其振出人ニ關シテモ第七百三十五條及ヒ第七百七十八條ノ規定ヲ適用ス
Neither acceptance, presentment for payment, nor protest are necessary in order to preserve against the maker rights arising on the note. Nevertheless, the provisions of Articles 735 and 778 apply to the maker of a promissory note payable at a fixed period after sight, or on which a person other than the maker is named for payment.
第八百十五條　右ノ外爲替手形ニ關スル規定ハ性質上牴觸セサルモノニ限リ約束手形ニモ之ヲ適用ス
815.　Subject to the provisions in this Section contained, the provisions relating to bills of exchange apply to promissory notes, in so far as they are not excluded by the nature of the case.
第三節　小切手
SECTION III. CHEQUES.
第八百十六條　小切手ハ寄託其他ノ方法ニ依リ銀行ニ對シテ繼續スル信用ヲ有スル者カ其銀行ニ依賴シ之ヲシテ記名セラレタル人又ハ指圖セラレタル人若クハ所持人ニ呈示ヲ受ケ次第或ル金額ヲ支拂ハシムル證券タリ
816.　A cheque is an order in writing to a banker, with whom the drawer in consequence of a deposit or for some other reason, has a current credit, to pay on presentment a certain sum of money to the person named in the instrument, or to his order or to bearer.
第八百十七條　小切手ニハ年月日ヲ記シ振出人署名、捺印ス可シ又小切手ハ一覽拂トスルニ非サレハ之ヲ振出スコトヲ得ス其他銀行ト明示又ハ默示ニテ約定シタル振出ノ方式ハ之ヲ遵守スルコトヲ要ス
817.　A cheque is to be dated and signed and sealed by the drawer, and may only be drawn payable at sight ; subject to these provisions, the method of drawing expressly or impliedly agreed upon with the banker must be observed.
第八百十八條　小切手ハ裏書ヲ以テ之ヲ轉付スルコトヲ得若シ白地ニテ裏書讓渡ヲ爲シタルトキ又ハ無記名式ニテ振出シタルトキハ交付ニ因リテ之ヲ轉付スルコトヲ得
818.　A cheque is transferable by indorsement, and, where it is indorsed in blank, or drawn payable to bearer, by delivery.
第八百十九條　小切手ハ引受ヲモ拒證書ヲモ要スルコト無シ又小切手ハ日附後三个年ヲ以テ時効ニ罹ル若シ小切手ヲ振出ノ日ヨリ三日內ニ支拂ノ爲メ呈示セス又ハ送付セサルトキハ所持人ハ遲延ノ結果ヲ負擔ス
819.　A cheque requires neither acceptance nor protest. Claims on a cheque are prescribed after the expiration of three years from its date. In the event of a cheque not being presented or forwarded for payment within three days of the day of its issue, the holder bears the consequences of the delay.
第八百二十條　呈示ノ上ニテ支拂ヲ受ケサルトキハ日附後十日內ニ所持人ハ裏書讓渡人若クハ振出人ニ對シ裏書讓渡人ハ其前者若クハ振出人ニ對シテ償還請求權ヲ有ス然レトモ振出人ニ對シテハ振出人カ信用ヲ有セス又ハ信用ヲ消盡シ又ハ依賴ヲ取消シタルトキハ右期間ノ滿了後ト雖モ償還請求權ヲ有ス
820.　Where, on presentment, payment of a cheque is not made, the holder and every indorser has during a period of ten days from the date of the cheque a right of recourse ; the holder against all indorsers and the drawer, and each indorser against the parties prior to himself and the drawer ; as against the drawer, however, such right of recourse continues even after such period has elapsed if he had no credit open, or had exhausted the same, or had countermanded payment.
振出人ハ爭アル場合ニ在テハ其小切手帳ヲ裁判所ニ差出ス義務アリ
In the event of litigation the drawer is bound to produce his cheque book in Court.
第八百二十一條　振出人又ハ所持人ハ小切手ニ橫線ヲ附シ其橫線內ニ特ニ銀行ノミニ支拂フ可キ旨ヲ記載スルコトヲ得
821.　The drawer or holder of a cheque may cross it and state between the crossing lines that it is payable to a banker only.
第八百二十二條　小切手ハ支拂金ヲ受取ル時受取證ヲ記シテ之ヲ交付スルコトヲ要ス
822.　On receipt of payment, the cheque must be delivered up receipted.
第八百二十三條　日附ヲ爲サス若クハ虛僞ノ日附ヲ爲シテ小切手ヲ振出シ裏書讓渡シ若クハ之ニ受取證ヲ記スル者又ハ日附ナキ小切手ヲ受取リ支拂ヒ若クハ之ニ受取證ヲ記スル者又ハ相當ノ信用ナクシテ小切手ヲ振出シ若クハ正當ノ理由ナクシテ依賴ヲ取消ス者ハ小切手金額ノ百分ノ十ノ過料ニ處ス若シ刑法上ノ刑ニ處ス可キ行爲アルトキハ併セテ其刑ニ處ス
823.　Whoever issues, indorses, or receipts a cheque without the insertion of a date or with the insertion of a false date, or receives, pays or receipts an undated cheque, or issues a cheque without having credit open to meet it or countermands payment of a cheque without just cause, shall be punished with a fine equal to ten per cent of the amount of the cheque in addition to any criminal punishment he may have incurred.
前項ノ過料ニ付テハ第二百六十一條第一項ノ規定ヲ適用ス
The provisions of the first paragraph of Article 261 apply to such fine.
第二編　海商
BOOK II. MARITIME COMMERCE.
第一章　船舶
CHAPTER I. SHIPS.
第八百二十四條　日本人民ノ所有ニ專屬シ又ハ日本ニ主タル營業所ヲ有シ且日本ノ裁判權ニ服從スル會社其他ノ法人ニシテ合名會社ニ在テハ總社員、合資會社ニ在テハ少ナクトモ社員ノ半數、株式會社ニ在テハ取締役ノ總員、其他ノ法人ニ在テハ代表者ノ總員カ日本人民ナルモノノ所有ニ專屬スル商船其他ノ海船ハ日本ノ船舶ニシテ日本ノ國旗ヲ揭クル權利ヲ有ス
824.　Japanese ships, entitled to fly the Japanese flag, are all merchant ships and other sea-going vessels belonging wholly to Japanese subjects, or to such partnerships, companies or juridical persons as have their chief seat of business in Japan and are subject to Japanese jurisdiction, provided in this latter event that in the case of an ordinary partnership all its members, in the case of a limited partnership at least one half of its members, in the case of a joint-stock company all the directors and in the case of any other juridical person all its representatives, are Japanese subjects.
第八百二十五條　總テ日本船舶ハ航海ノ用ニ供スル以前ニ法律、命令ニ從ヒ職權アル者ノ測度ヲ受ク可シ若シ其積量十五噸以上ナルトキハ管海官廳ヨリ船籍證書ヲ受ケタル後船籍港ヲ管轄スル裁判所ニ於テ船舶登記簿ニ登記ヲ受ク可シ
825.　Every Japanese ship, before she is employed in navigation, is to be measured in conformity with the laws and ordinances by a person officially qualified therefor, and, if such ship attains or exceeds fifteen tons burden, she is to be entered in the shipping register at the Court of the port of registry, after the certificate of nationality has been received from the maritime authorities.
端舟其他㯭櫂ノミヲ以テ運轉シ又ハ主トシテ㯭櫂ヲ以テ運轉スル舟ニハ本編ノ規定ヲ適用セス
The provisions of this Book do not apply to boats and other small vessels exclusively or mainly propelled by oars.
第八百二十六條　船舶登記簿ニハ左ノ諸件ヲ登記シ且年月日ヲ記ス可シ
826.　The entry in the register is to contain, in addition to the date, the following particulars:--
第一　船名及ヒ船籍港
i.　The name of the ship and her port of registry ;
第二　船舶構造ノ時及ヒ地ノ知レタルトキハ其時及ヒ地又船舶カ日本ノ船籍ニ歸シタルトキハ其時及ヒ事情
ii.　The time when and the place where she was built, in so far as these are known, and the time and circumstances of her transfer to Japanese ownership, if such has taken place ;
第三　官ノ測度證書ニ基キタル船舶ノ種類、大小、積量及ヒ詳細ナル記載
iii.　Her build, measurements, tonnage, and further particulars, according to the official certificate of survey ;
第四　船長ノ氏名及ヒ國籍
iv.　The names and nationality of her master ;
第五　一人又ハ數人ノ所有者ノ氏名、住所及ヒ詳細ナル記載又船舶ノ所有權ニ付キ所有者ノ股分ノ割合及ヒ所有權取得ノ合法ノ原因
v.　The names, places of residence and further particulars of her owner or owners, the proportions of their shares in the ownership, and the lawful consideration for which their ownership was acquired.
第八百二十七條　登記ハ一人若クハ數人ノ所有者又ハ委任狀ヲ有スル代人ノ陳述書ニ依リテ之ヲ爲ス其陳述書ニハ必要ナル證明書ヲ添フルコトヲ要ス
827.　Registration takes place by virtue of a declaration in writing made by the owner or owners, or their representative authorised in writing, and accompanied by the necessary documents.
登記ヲ爲シタルトキハ其登記ト同文ノ船舶登記證書ヲ作リテ之ヲ所有者ニ交付ス
A certificate of registry of the same tenor with the entry is made out and delivered to the owner.
第八百二十八條　船籍證書及ヒ船舶登記證書ノ交付前ニハ國旗ヲ揭クル權利ヲ行フコトヲ得ス
828.　The right to fly the national flag may not be exercised until the certificate of nationality and the certificate of registry have been delivered.
船舶カ沈沒シ又ハ日本ノ船舶タル資格ヲ失ヒタルトキハ其船舶ノ登記ノ取消ヲ爲シ且船舶登記證書ヲ還納ス可シ
If the ship has sunk, or if she loses her nationality, the entry in the shipping register is to be annulled and the certificate of registry is to be returned.
第八百二十九條　登記シタル事實ニ變更ノ生スルトキハ船舶登記簿及ヒ船舶登記證書ニ其變更ノ附記ヲ受ク可シ
829.　Whenever any changes occur in the particulars registered, such changes are to be noted in the register and on the certificate of registry.
登記シタル船名ハ管海官廳ノ許可ヲ受クルニ非サレハ之ヲ變更スルコトヲ得ス
No change may be made in the registered name of a ship without the previous sanction of the maritime authorities.
第八百三十條　船籍港外ニ於テ日本人民、會社其他ノ法人カ船舶ヲ取得シタルトキハ其船籍港ニ到著スルマテハ外國ニ在テハ其取得ノ地若クハ其近傍ニ駐在スル日本領事、內國ニ在テハ地方官廳ヨリ假證書ヲ受ケ之ヲ船籍證書及ヒ船舶登記證書ニ代フルコトヲ得此場合ニ於テハ領事又ハ地方官廳ハ其證書ノ謄本ヲ管海官廳及ヒ船籍港ヲ管轄スル裁判所ニ遲延ナク送付スルコトヲ要ス
830.　If a ship is acquired at a place other than the intended port of registry by a Japanese subject, partnership, company or other juridical person, there may be obtained from the consul resident at or near such place, if abroad, or from the local authorities, if at home, a provisional certificate in place of the certificate of nationality and of the certificate of registry, to last until such time as the ship arrives at the said port. A copy of such certificate must be forthwith forwarded by the said consul or authorities to the maritime authorities and Court of the said port.
前項ノ證書ノ効用ハ領事ヨリ交付シタルモノハ一个年、地方官廳ヨリ交付シタルモノハ半个年ヲ以テ限トス
Such provisional certificate is valid for one year only if issued by a consul, and for six months if issued by the local authorities.
第八百三十一條　船籍證書又ハ船舶登記證書ノ喪失シ毀損シ又ハ用ユ可カラサルモノト爲リタルトキハ之ニ換ヘテ新ナル船籍證書、船舶登記證書若クハ前條ノ假證書ノ交付ヲ求ムルコトヲ得
831.　In the event of a certificate of nationality or of registry being lost, destroyed or rendered useless, the issue may be demanded of a new or provisional certificate as the case may be.
第八百三十二條　船舶カ國旗ヲ揭クル權利ヲ有セスシテ之ヲ揭クルトキハ千圓以下ノ罰金ニ處ス又事情ニ從ヒ殊ニ不正ノ船籍證書又ハ船舶登記證書ヲ用井タルトキハ其船舶ヲ沒收ス
832.　If a ship flys the Japanese flag without being entitled to do so, such ship is liable to a fine not exceeding one thousand yen or, according to circumstances, particularly in the event of using an illegal certificate of nationality or registry, to confiscation.
日本ノ船舶カ外國ノ國旗ヲ揭ケテ外國ノ國籍ヲ冒シタルトキハ前項同一ノ罰ニ處ス但敵ヲ避クル場合ハ此限ニ在ラス
The same penalties apply also to any Japanese ship which, save to escape from an enemy, assumes a foreign nationality by flying a foreign flag.
第八百三十三條　日本ノ船舶カ船籍證書及ヒ船舶登記證書ノ交付前ニ國旗ヲ揭ケ其他本章ノ規定ニ違フトキハ百圓以下ノ罰金ニ處ス
833.　If a Japanese ship flys the Japanese flag prior to the issue of the certificates of nationality and registry, or is guilty of other contraventions of the provisions in this Chapter contained, such ship is liable for each offence to a fine not exceeding 100 yen.
第二章　船舶所有者
CHAPTER II. SHIPOWNERS.
第一節　船舶所有權ノ取得及ヒ移轉
SECTION I. ACQUISITION AND TRANSFER OF OWNERSHIP IN SHIPS.
第八百三十四條　商船其他ノ海船ハ之ヲ動產トス但本法ニ例外ヲ定メタル場合ハ此限ニ在ラス
834.　Merchant ships and other sea-going vessels are movables, so far as no exceptions are in this Code established.
第八百三十五條　船舶構造ノ契約及ヒ賣買其他ノ權利行爲ニ因リテ船舶ノ全部若クハ股分ヲ取得スル契約ハ特ニ作レル契約證書ヲ以テスルニ非サレハ之ヲ取結フコトヲ得ス
835.　Contracts with regard to the building of ships and contracts with regard to the acquisition of ships either in whole or in part, by purchase or other legal act, can only be concluded by means of special documents of contract.
相續、結婚其他此類ノ事由ニ因レル船舶所有權ノ移轉ハ公正ノ證書ヲ以テ之ヲ證スルコトヲ要ス
The transfer of ownership in ships by virtue of succession, marriage, oi' other like cause, must be proved by an authentic document.
第八百三十六條　船舶ハ其所有者タラサル者ニ在テハ所有者ノ明示ノ委任ニ依ルニ非サレハ有効ニ之ヲ賣却スルコトヲ得ス然レトモ船長ニ在テハ明示ノ委任ヲ受ケサルモ避ク可カラサル必要アリテ官ノ證認ヲ經タル場合ニ於テハ特ニ競賣ヲ以テ有効ニ之ヲ賣却スルコトヲ得
836.　A valid sale of a ship can only be effected by a non-owner under an express instruction of the owner ; the master, however, in the event of unavoidable and officially established necessity, may, without any such instruction, validly sell the ship by means of auction.
第八百三十七條　船舶ノ取得時効ノ期間ハ二十个年トス但船長ハ時効ニ因リテ船舶ヲ取得スルコトヲ得ス
837.　The period for the acquisition by prescription of a ship is twenty years. The master of a ship can never acquire the same by prescription.
第八百三十八條　船舶ノ所有權ハ別段ノ契約アルニ非サレハ航海ノ爲メニスル總テノ艤裝物殊ニ桅檣、帆具、綱具、機關、碇錨、船用器具、端舟、貯蓄品及ヒ糧食ノ所有權ヲ包含ス但船長又ハ海員ノ一身ニ屬スル所有物ハ此限ニ在ラス
838.　The ownership of a ship, in so far as it is not otherwise agreed upon, includes that of her entire equipment for purposes of navigation, in particular the masts, sails, and tackle, the engines, anchors, ship's instruments, boats, and stores and provisions, with the exception of everything forming the personal property of the master or crew.
第八百三十九條　航海中ニ船舶ヲ讓渡シタルトキハ其航海ヨリ生スル利益及ヒ損失ハ別段ノ契約アルニ非サレハ取得者ニ移ル
839.　Where a ship is alienated during the voyage, the profit or loss of such voyage, unless otherwise agreed upon, passes to the acquirer.
第八百四十條　任意ニ爲ス船舶ノ賣却ハ船舶債權者ノ債權ニ對シテ船舶ノ負擔スル責任又ハ其賣買價額ノ負擔スル責任及ヒ讓渡人ノ一身上ノ義務ニ變更ヲ生スルコト無シ强制賣却又ハ必要賣却ノ場合ニ在テハ船舶ノ負擔スル責任ハ當然賣買價額ニ移ル
840.　The voluntary sale of a ship effects no change in the liability of such ship, or of the price realized, for the claims of the ship's creditors, nor does it cause any alteration in the personal obligations of the vendor. In the event of a compulsory or necessary sale, the liability attaching to the ship passes of itself to the purchase-money.
第二節　船舶所有者ノ權利及ヒ義務
SECTION II. RIGHTS AND DUTIES OF SHIPOWNERS.
第八百四十一條　船舶ノ所有權カ二人以上ノ股分所有者ニ屬スルトキハ航海ニ關スル一切ノ業務ニ付キ其代理トシテ船舶管理人ヲ置クコトヲ要ス
841.　Where a ship is the property of two or. more part-owners, there must be appointed a ship's husband to represent them in all businesses relating to the voyages of the ship.
第八百四十二條　所有者ハ船長及ヒ海員ノ職務施行ニ關スル行爲ニ付テハ船舶及ヒ運送賃ヲ以テ責任ヲ負フ若シ船長カ同時ニ所有者ナルトキハ船長ハ無限ノ責任ヲ負フ然レトモ股分所有者ナルトキハ過失ノ爲メ自己ニ不分ノ責任ノ歸セサルトキニ限リ其股分ノ割合ニ應シテ責任ヲ負ヒ尙ホ不足アルトキハ其不足額ニ對シテ無限ノ責任ヲ負フ
842.　The owner answers with ship and freight for the acts of the master and of the members of the crew in the exercise of their employment. If the master is at the same time the owner of the ship his liability is unlimited. If he is part-owner his liability is proportionate to the extent of his share, unless owing to fault on his part he incurs undivided liability ; for any deficiency, however, his liability is unlimited.
第八百四十三條　所有者ハ船長ヲ任シ又隨意ニ之ヲ免スルコトヲ得又書面ノ契約アルニ非サレハ船長ニ對シテ損害賠償ノ責ニ任セス
843.　The owner may appoint the master and dismiss him at will, and, in the absence of a written contract, is not bound to indemnify him.
第八百四十四條　船長カ同時ニ股分所有者ナル場合ニ在テ其意ニ反シ罷免セラレタルトキハ自己ニ屬スル股分ノ價額ノ支拂ヲ求ムルコトヲ得但其價額ハ鑑定人ノ鑑定ニ從フ
844.　Where the master is at the same time part-owner, he may, in the event of his being dismissed against his will, claim payment of the value of his share, which value is to be determined by experts.
第八百四十五條　二人以上ノ股分所有者ノ間ニ在テハ船舶ニ關スル總テノ事件ハ議決權ノ過半數ヲ以テ決定ス其過半數ハ各所有者ノ股分額ニ從ヒテ之ヲ算ス
845.　All questions arising between part-owners concerning the ship are to be decided by a majority of votes, which are to be calculated according to the extent of the share held by each part-owner.
過半數ノ決議ヲ得ルニ至ラサルトキハ議決權ノ半數ノ決議ヲ以テ船舶ノ競賣ヲ求ムルコトヲ得
Where no resolution by a majority is attained, the sale of the ship by auction can be claimed by virtue of a resolution representing one half of the votes.
或ル股分所有者カ必要ナル新支出ニ同意セサルトキハ其所有者ハ自己ノ股分ヲ他ノ股分所有者ニ委付シテ賦課金ノ義務ヲ免カルルコトヲ得但股分額カ賦課金ヲ超ユルトキハ其超過額ノ支拂ヲ受クルコトヲ得
If a part-owner has not consented to fresh necessary expenditure, he may free himself from his obligation to contribute thereto by surrendering his share to the, other part-owners ; he is, however, entitled to receive payment of the excess in value of his share over and above the amount he should contribute.
第八百四十六條　各船舶所有者ハ總テノ費用及ヒ損失ヲ扣除シタル後ニ非サレハ航海ニ因リテ生スル利益ヲ請求スル權利ナシ
846.　A shipowner has no right of claim to the profit arising from the voyages of the ship until all expenses and losses have been deducted.
第八百四十七條　股分所有者ハ他ノ股分所有者又ハ船舶管理人ノ承諾ヲ受ケスシテ何時ニテモ自己ノ股分ヲ自由ニ讓渡スコトヲ得
847.　A part-owner of a ship may at any time freely alienate his share without the consent of the other part-owners or of the ship's husband.
第八百四十八條　船舶股分ノ所有權ノ移轉ニ因リテ船舶カ其國籍ヲ失フ可キトキハ他ノ股分所有者ハ右ノ股分ヲ自己ノ計算ニ引受ケ又ハ其股分ヲ所有スル資格アル者ニ競賣センコトヲ求ムル權利アリ但自己ノ計算ニ引受クル場合ニ在テ已ムヲ得サルトキハ裁判上ノ手續ヲ以テ其股分ノ價額ヲ定ム
848.　Whenever a transfer of the ownership of a share in a ship would deprive such ship of her nationality, the remaining part-owners or any of them, are entitled to take over such share on their own account at a valuation which is, if necessary, to be judicially fixed, or to require such share to be sold by auction to a person qualified to be owner thereof.
會社社員ノ變更ニ因リ船舶カ其國籍ヲ失フ可キトキハ會社ハ其社員ノ持分ヲ之ヲ所有スル資格アル者ニ競賣センコトヲ求ムル權利アリ
Where by reason of a change of the members or directors of a partnership or company a ship would lose her nationality, such partnership or company is entitled to require the share of the changing member or director to be sold by auction to a person qualified to be owner thereof.
第三章　船舶債權者
CHAPTER III. SHIP'S CREDITORS.
第八百四十九條　船舶ハ第三者ノ占有ニ在ルトキト雖モ其附屬物及ヒ未收ノ運送賃ト共ニ左ニ揭クル債權ノ爲メ以下ノ順序ニ從ヒテ責任ヲ負フ
849.　The ship, together with appurtenances and outstanding freight, even though in the possession of third persons, is liable in respect of the following rights of claim in the order specified :--
第一　船舶ノ强制賣却及ヒ其賣却金ノ分配ニ係ル裁判上其他ノ費用、强制賣却ノ開始以來船舶及ヒ附屬物ノ監守竝ニ保全ノ費用
i.　Judicial costs and other charges incurred in the compulsory sale of the ship and in the distribution of the price realized, as well as the expenses of watching and maintaining the ship and appurtenances from the commencement of the compulsory sale procedure ;
第二　船舶航海ノ諸稅卽チ港稅、噸稅、燈臺稅其他ノ稅
ii.　Shipping dues, such as port dues, tonnage dues, light dues and others ;
第三　入港以來船舶及ヒ附屬物ノ保全ノ費用、水先案內料及ヒ挽船料
iii.　Expenses of maintaining the ship and appurtenances from the time of her entrance into port, as well as pilotage and towage ;
第四　最後ノ航海中ノ共同海損及ヒ救援、救撈其他救助ニ付テノ費用
iv.　General average, and expenses for rescue, salvage, and other assistance rendered during the last voyage ;
第五　最後ノ雇入契約期間中其契約ヨリ生スル船長及ヒ海員ノ債權
v.　The rights of claim of the master and members of the crew under their contracts of service for the last term thereof ;
第六　最後ノ航海中船舶ノ需用ノ爲メ船長ノ爲シタル借入ニ付テノ債權及ヒ同一ノ目的ノ爲メ船長ノ賣却シタル積荷、船長ニ渡シタル物若クハ給シタル勞役ニ付テノ求償權
vi.　The rights of claim in respect of Ioans contracted by the master during the last voyage for the requirements of the ship, and the right of recourse in respect of cargo sold by him for the same purpose during the same, as well as in respect of the price of things or services likewise supplied or rendered to him ;
第七　未タ航海ヲ爲ササル船舶ノ賣却、構造又ハ艤裝ヨリ生スル債權竝ニ勞役賃及ヒ最後ノ航海ノ爲メニスル修繕、艤裝又ハ糧食準備ヨリ生スル債權但出港セサル前ニ限ル
vii.　The rights of claim in respect of the sale, building, and equipment of the ship, inclusive of workmen's wages, if the ship has not yet gone upon a voyage ; and the rights of claim for repairing, equipment, and provisioning for the last voyage, before the ship has entered thereon ;
第八　船舶ノ構造又ハ艤裝ノ爲メノ消費貸ヨリ生スル債權及ヒ船舶カ未タ引渡サレサル間ハ自己ノ計算ニテ構造セシムル者ノ爲シタル代價割拂ニ付テノ債權
viii.　The rights of claim in respect of loans for purposes of the building or equipment of the ship, or in respect of payments on account of purchase-money by the party on whose account the ship is built, so long as the seip has not been handed over to him ;
第九　最後ノ航海又ハ最後ノ保險料支拂期間ニ係ル船舶及ヒ附屬物ノ保險料ニ付テノ債權
ix.　The rights of claim in respect of premiums of insurance effected on the ship and appurtenances for her last voyage or last term of premium payment ;
第十　船長又ハ海員ノ過失ニ因リテ積荷若クハ旅客ノ旅荷物ヲ引渡サス又ハ之ニ損害ヲ加ヘタルヨリ生スル債權
x.　The rights of claim in respect of nondelivery of cargo or passengers' luggage, or in respect of any damage the same may have sustained, through the fault of master or crew ;
第十一　船舶ノ衝突其他船長又ハ海員ノ過失ノ場合ニ於ケル損害賠償ニ付テノ債權
xi.　The rights of claim for damages arising by reason of collision between ships or other fault of the master or crew ;
第十二　船舶登記簿ニ登記シタル債權但其登記ノ日附ノ順序ニ從フ
xii.　Such rights of claim as are entered in the shipping register, in the order of the date in which they have been entered ;
第十三　右ノ外船舶ノ所有者又ハ賣却者ニ對スル總テノ債權
xiii.　All other rights of claim against the owner or vendor of the ship.
同一號內ニ於ケル二人以上ノ債權者ハ同一ノ割合ヲ以テ辨償ヲ受ク但第十二號ノ場合ハ此限ニ在ラス
The creditors that come under the same class, with exception of those coming under the class xii, are to be satisfied rateably.
第八百五十條　運送賃ノ負擔スル責任ハ最後ノ航海ノ運送賃ヲ以テ限トシ一航海ノ爲メ又ハ一航海中ニ生シタル債權ニ對シテハ其航海ノ運送賃ヲ以テ限トス
850.　The liability of the freight is limited to the freight of the last voyage ; for rights of claim, however, arising in respect of or during any particular voyage, the freight of that voyage is alone liable.
第八百五十一條　登記セサル債權ニ付キ船舶又ハ運送賃ノ負擔スル責任ハ任意ノ讓渡ノ場合ニ在テハ船舶カ讓渡人ノ債權者ノ異議ヲ受クルコト無ク取得者ノ名義及ヒ計算ニテ船籍港ヨリ新ニ航海ヲ爲シ且其發航以來少ナクトモ六十日ヲ經過シタル後消滅ス
851.　The liability of ship and freight for non-registered rights of claim is extinguished, in the event of voluntary alienation, as soon as the ship has gone on a fresh voyage from the port of registry in the name and on the account of the new owner, without any objection on the part of the creditors of the alienor, and sixty days at least have elapsed since her departure.
第八百五十二條　船舶ニ對スル債權ノ登記ハ第八百五十七條ノ場合ヲ除ク外ハ登記ヲ受ケタル船舶ニシテ特ニ作レル抵當證書ニ依ルニ非サレハ之ヲ許サス
852.　The registration of rights of claim against a ship, excepting in the case in Article 857 specified, is only permitted in the case of registered ships and by virtue of a special document of mortgage.
右ノ登記ハ其日附ヨリ起算シテ三个年間其効ヲ有ス若シ此期間滿了前ニ之ヲ更新セサルトキハ其効ヲ失フ
The registration is valid for a period of three years from the date thereof and ceases to be valid at the expiration of this period unless previously renewed.
第八百五十三條　登記ハ船舶登記簿ニ之ヲ爲ス又其登記ニハ左ノ諸件ヲ包含スルコトヲ要ス
853.　Registration is effected in the shipping register and must comprise :--
第一　債權者及ヒ債務者ノ氏名、住所
i.　The names and domicile of the creditor and of the debtor ;
第二　債權ノ額及ヒ其合法ノ原因
ii.　The amount of the debt and the lawful consideration therefor ;
第三　抵當證書ノ年月日
iii.　The date of the document of mortgage ;
第四　登記ノ時日
iv.　The time of entry.
第八百五十四條　登記ヲ爲シタルトキハ登記證書ヲ交付ス若シ其以前ニ登記シタル債權アルトキハ其債權ヲモ併記ス可シ此證書ハ裏書ヲ以テ之ヲ讓渡スコトヲ得其裏書讓渡ハ船舶登記簿ニ登記ヲ受クルニ非サレハ第三者ニ對シテ其効ヲ有セス
854.　A certificate of the registration with a statement of any prior registered rights of claim is to be issued ; such certificate is transferable to other persons by indorsement. Indorsements, in order to be valid as against third persons, are to be entered in the shipping register.
第八百五十五條　登記シタル債權ハ債權者ノ書面上ノ承諾又ハ裁判所ノ判決ニ依リテ消滅ス此場合ニ於テハ登記證書ヲ裁判所ニ還納シ裁判所ハ其證書ニ債權消滅ノ旨ヲ記ス可シ
855.　A registered right of claim is extinguished by a written consent of the creditor or by a judgment of the Court ; in such case the certificate is to be returned to the Court and the fact of such extinction noted by it thereon.
第八百五十六條　船舶債權者ハ其債權ノ證據完全ナルトキニ限リ裁判所ノ命令ニ依リテ船舶ノ競賣ヲ爲スコトヲ得但法律上ノ優先權ハ此カ爲メニ妨ケラルルコト無シ
856.　Every ship's creditor, upon duly proving his right of claim, is entitled, by virtue of an order of the Court but without prejudice to legal rights of preference, to effect the sale of the ship by auction.
船舶ノ股分ニ付テノミ債權ヲ登記シ又ハ股分所有者ニ對シテノミ之ヲ主張スルトキハ其債權ニ關スル股分ノミノ競賣ヲ爲スコトヲ得但其股分ノ額カ船舶全部ノ額ノ半ヲ超ユルトキハ此限ニ在ラス
Where, however, a right of claim is registered in respect of only a part or parts of a ship or is directed against one or more only of the part-owners, only the part or parts in question can be sold by auction, unless the amount of such part or parts exceeds one half of the whole of the ship.
第八百五十七條　船舶債權者ノ權利ハ構造中ノ船舶ニ對シテモ之ヲ行フコトヲ得
857.　The rights of the ship's creditors can be exercised also against a ship in course of construction.
構造中ノ船舶ノ登記ハ其登記ヲ受クルニ至ルマテハ將來船籍ヲ定ム可キ地ノ裁判所ニ相當ノ明吿ヲ爲スヲ以テ之ニ代フ
In such case registration of the ship, until it ensues, is to be replaced by the corresponding declaration made before the Court of the intended port of registry.
第八百五十八條　船舶カ沈沒シ又ハ航海ノ用ニ耐ヘサルニ至ルトキハ船舶債權者ノ權利ハ救助セラレタル部分若クハ尙ホ存在スル部分又ハ其賣得金及ヒ被保險額ニ移ル
858.　If a ship sinks or becomes unseaworthy, the rights of the ship's creditors attach to the saved or still remaining portions or the proceeds thereof, as well as to the sum insured.
船舶債權者ノ債權ハ其債權者ヨリ獨立シテ之ヲ保險ニ付スルコトヲ得
Ship's creditors may independently insure their rights of claim.
第八百五十九條　船舶ハ發航ノ準備ヲ終リタル時ヨリシテ債務ノ爲メニ差押ヘラルルコト無ク又其乘組員ハ引留メラルルコト無シ但其爲サントスル航海ノ爲メニ負ヒタル債務ニ付テハ此限ニ在ラス
859.　From the moment a ship is ready to sail she cannot be seized for debts nor can a member of the ship's company be stopped, excepting for debts contracted for the purposes of the impending voyage.
第四章　船長及ヒ海員
CHAPTER IV. MASTERS AND CREW.
第一節　船長
SECTION I. MASTERS.
第八百六十條　船長其他ノ船舶指揮者ハ其職務ノ執行ニ當リ些少ナル過失ニ付テモ責任ヲ負ヒ殊ニ積荷ニ付キ及ヒ旅客ノ安全竝ニ其旅荷物ニ付キ責任ヲ負フ
860.　Every master or other commander of a ship is liable for fault, even though slight, in the exercise of his functions ; he is, in particular, responsible for the cargo and for the safety of his passengers and for their effects.
第八百六十一條　船長ハ或人ノ指圖ヲ受ケテ爲シタル行爲ニ付テハ其人カ其情況ヲ知リタルトキニ限リ其人ニ對シテ責任ヲ免カル
861.　He is relieved from liability for any act towards any person under whose directions he has acted, if such person had knowledge of the circumstances of the case.
船長カ其特別ナル職務上ノ義務ニ背反スルトキハ不可抗力又ハ意外ノ情況ニ因リテ惹起シタルニ非サル災害ニ付キ責任ヲ負フ
The violation of his special service duties renders him liable for any disaster not brought about by irresistible force or through fortuitous events.
第八百六十二條　船長ハ航海ノ際船舶ノ航海ニ耐フルコト船舶ノ艤裝、海員ノ具備、糧食ノ準備竝ニ積荷ノ配置ノ適當ナルコト必要ノ底荷ヲ具備スルコト過分ノ積荷ヲ爲ササルコト及ヒ過分ノ旅客ヲ載セサルコトニ付キ注意ヲ爲ス可シ
862.　On every voyage the master is bound to see that the ship is seaworthy, properly equipped, manned, and provisioned, that the cargo is properly stowed, and that the ship is provided with the necessary ballast, and is not overladen, or overcrowded with passengers.
第八百六十三條　船長ハ海員ヲ選擇シテ雇入レ乘組員ヲ編成シ船舶ヲ修繕シ艤裝シ及ヒ運送契約ヲ取結フ權利ヲ有ス然レトモ此等ノ事項ニ關シテハ船舶所有者又ハ其代人ノ指圖ニ從フコトヲ要ス
863.　The master has the right to select and engage the members of the crew, to form the ship's company, to repair and equip the ship, and to conclude contracts of affreightment ; nevertheless, in these respects he is subject to the directions of the shipowner or of his representative.
第八百六十四條　船長ハ航海ノ際船籍證書、船舶登記證書、航海日誌、海員名簿、稅關ノ納稅受取證書、運送契約竝ニ積荷ニ關スル書類及ヒ旅客名簿ヲ船中ニ備フ可シ
864.　On every voyage he is required to have on board the certificates of nationality and of registry, the log book, the list of crew, the custom house clearance, the papers relating to the contracts of affreightment and to the cargo and the list of passengers.
第八百六十五條　航海日誌ハ船長ノ監督ヲ受ケテ一等役員之ヲ掌リ船舶、海員、旅客及ヒ積荷ニ關スル總テノ情況竝ニ事故殊ニ左ノ諸件ヲ日日之ニ記載ス
865.　The log book is to be kept by the first officer under the supervision of the master and is to contain a daily record of all matters and occurrences relating to the ship, crew, passengers, and cargo, in particular:--
第一　船舶ノ發航地、立寄地、通航地ノ名
i.　The names of the places from which the ship sails, at which she touches, or which she passes ;
第二　風候、天氣及ヒ潮流
ii.　The conditions of wind, weather, and currents ;
第三　進航シタル線路及ヒ經過シタル距離
iii.　The course steered and the distances run ;
第四　測知シタル經度及ヒ緯度
iv.　The ascertained latitude and longitude.
其他時宜ニ因リテ左ノ諸件ヲモ記載ス
It is further, whenever occasion arises, to record :--
第一　海水ノ深度、溫度及ヒ漏水ノ度
i.　Soundings, the temperature of the water, and the depth of water in the well ;
第二　水先人又ハ挽船ノ雇入
ii.　Any employment of a pilot or of towage services ;
第三　船舶會議ノ決議
iii.　Resolutions of the ship's council ;
第四　海員ノ變更
iv.　Changes in the crew ;
第五　總テノ災害、特別ノ事故竝ニ船舶內ノ犯罪及ヒ懲戒處分
v.　All disasters and extraordinary occurrences, as well as every punishable act committed on board and the disciplinary punishments inflicted.
第八百六十六條　船長ハ航海ノ始ヨリ終ニ至ルマテ自ラ船中ニ在リ且其委任ヲ受ケタル航海ヲ遲延ナク又迂路ヲ取ラスシテ爲スコトヲ要ス
866.　The master must be personally on board from the commencement until the termination of each voyage, and must proceed on every voyage he is instructed to undertake and complete the same without delay or deviation.
第八百六十七條　船長ハ到達地ニ到著ノ後二十四時內ニ其地ノ管海官廳ニ出頭シテ檢閱證ヲ受クル爲メ航海日誌ヲ差出シ同時ニ報吿ヲ爲スコトヲ要ス其報吿ニハ船名、噸數、積荷、發航ノ地及ヒ時、經過シタル線路、風候、天氣及ヒ潮流若シ死亡其他ノ災害若クハ船舶ノ現狀ニ變更アルトキハ其事由及ヒ航海中ニ生シタル著シキ事故ヲ包含ス
867.　The master is required, within twenty four hours of the ship's arrival at her port of destination, to attend before the maritime authority at such place to produce his log book for the purpose of being certified and to at the same time make his report. The report is to give :-- The name of the ship and her tonnage ; A description of the cargo ; The port and time of departure ; The ship's course ; The conditions of wind, weather and currents ; Any deaths and other disasters, any changes in the condition of the ship, and all noteworthy events of the voyage.
此報吿ヲ爲ス前ニハ荷卸ヲ爲スコトヲ得ス但急迫ナル場合ハ此限ニ在ラス
No cargo can be discharged until such report has been effected, excepting in case of urgent need.
沿岸航海ニ付テハ本條ノ規定ヲ適用セス
The provisions of this Article do not apply to the coasting trade.
第八百六十八條　航海中ニ避難港ニ入ルコトノ必要ト爲リテ入港シタルトキハ船長ハ遲延ナク其港ノ管海官廳ニ出頭シ入港ノ事由及ヒ情況ニ付テノ報吿ヲ爲シテ筆記ヲ受クルコトヲ要ス其筆記ハ公文ト爲シテ船舶所有者ニ又求ニ因リテ其他ノ利害關係者ニ其者ノ費用ニテ之ヲ交付ス
868.　Where during a voyage it becomes necessary to run into a port of distress, the master must forthwith attend before the maritime authority of the port and make a report concerning the causes and circumstances connected therewith for the purpose of having the same protocoled. Such protocol is to be forwarded, officially drawn up, to the ship's owner and, on demand, to all other persons interested at their expense.
第八百六十九條　船長ハ航海中ニ危險ノ生シタルトキハ役員其他重立タル海員ト評議ヲ爲シタル場合ノ外ハ如何ナル事情アルモ船舶ヲ放棄スルコトヲ得ス其船舶ヲ放棄スル場合ニ於テハ船長ハ最後ニ去ル可ク且成ル可ク人命、書類、貨物及ヒ船舶ヲ救助スル責任ヲ負フ
869.　In case of peril arising during the voyage the master may under no circumstances desert his ship, excepting after previous consultation with the ship's officers and other principal members of the crew ; in such event, he is bound to leave the ship last and remains responsible for the rescue so far as possible of the persons, papers and goods on board, and of the ship herself.
第八百七十條　破船其他船舶放棄ノ場合ニ在テハ船長ハ遲延ナク最近ノ管海官廳ニ出頭シテ其事由及ヒ情況ヲ報吿ス可シ其官廳ハ報吿ヲ認定シ若クハ補充スル爲メ海員及ヒ旅客ヲ訊問シ其他必要ナル調査ヲ爲スコトヲ得
870.　In case of shipwreck or other event necessitating desertion of the ship, the master is forthwith to go bfeore the nearest maritime authority and make his report upon the causes and circumstances of the case ; such maritime authority may examine members of the ship's crew and passengers and may make all other inquiries for the purpose of confirming or supplementing the report.
第八百七十一條　船長ハ航海中必要ナル場合ニ在テハ役員ト評議ヲ爲シタル後船舶ニ存在スル總テノ食料ノ何人ニ屬スルヲ問ハス乘込人ノ需用ノ爲メニ之ヲ處分スルコトヲ得但其價額ヲ賠償スルコトヲ要ス
871.　In cases of necessity during the voyage the master, after consulting with the officers, and in order to provide for the needs of those on board, is empowered to make use of all provisions existing in the ship on making compensation for their value, and without regard to the persons to whom such provisions may belong.
第八百七十二條　船長ハ航海中船舶ノ修繕其他必要ナル需用ノ爲メ他ニ其費用支辨ノ途ナキ場合ニ於テ船舶所有者若クハ其代人ノ現在セサルトキハ豫メ役員ト評議ヲ爲シ且管海官廳ノ認可ヲ得タル後船舶ヲ抵當ト爲シ又ハ積荷ノ全部若クハ一分ヲ質入シ若クハ賣却スルコトヲ得其積荷ヲ質入シ若クハ賣却シタルトキハ積荷所有者ハ其荷卸ノ地及ヒ時ニ於ケル代價ニ應シテ損害賠償ヲ求ムル權利アリ
872.　During the course of the voyage the master, for the purpose of repairing the ship or for other things she may absolutely require, and provided no other means are at his disposal and the shipowner or his representative is absent, is entitled, by virtue of previous consultation with the ship's officers and upon obtaining the sanction of the maritime authority, to mortgage the ship or to pledge or sell the cargo in whole or in part, in return for which the owners of the cargo are entitled to be indemnified according to the prices current at the place and time of discharge.
第八百七十三條　船長ハ航海ヲ始ムル際及ヒ終リタル後又求アルトキハ何時ニテモ船舶所有者ニ報吿ヲ爲シ及ヒ計算ヲ爲スコトヲ要ス
873.　The master is bound both at the commencement and at the termination of every voyage, and, on demand, at any time, to report to the shipowner and to render him an account.
第八百七十四條　船長及ヒ海員ハ船舶所有者ノ承諾ナクシテ自己ノ計算ニテ貨物ヲ船舶ニ積入ルルコトヲ得ス之ニ違フトキハ船舶所有者ハ運送賃ト貨物ヨリ生シタル利益トヲ自己ノ有ニ歸スルコトヲ得
874.　Neither master nor crew are permitted, without the consent of the shipowner, to receive any goods on board on their own account ; failure to comply herewith entitles the owner to claim both the freight and any profit arising on such goods.
第二節　海員
SECTION II. CREW.
第八百七十五條　海員ノ雇入又ハ雇止ヲ爲シタルトキハ其地ノ管海官廳ニ於テ海員名簿ニ登記シ若クハ其登記ヲ削除ス可シ
875.　When members of the crew are engaged or discharged, their names are to be entered in or written off from the crew list before the local maritime authority.
第八百七十六條　海員雇入ノ條件ハ海員名簿ノ旨趣、別段ノ契約又ハ商慣習ニ因リテ定マル
876.　The conditions of engagement of members of the crew are determined by the contents of the crew list, by special contract, or by the usages of trade.
海員ハ非常ノ服務ノ爲メ特別ノ報酬ヲ請求スルコトヲ得ス
No special reward can be claimed in respect of extraordinary services.
第八百七十七條　十分ナル理由ナクシテ雇止セラレタル海員ハ既ニ受取ル可キニ至リタル給料ノ外尙ホ其雇止ノ爲メニ失ヒタル給料ノ半額ヲ損害賠償トシテ受クル權利アリ然レトモ其額ハ一个月ノ給料ヲ超ユルコトヲ得ス
877.　Members of the crew discharged without sufficient cause are entitled to receive, by way of indemnification in addition to the whole of the wages due, one half of the wages they have been deprived of earning by reason of such discharge, nevertheless, this sum may not exceed one month's wages.
禁令其他國ノ處分ニ因リテ航海ヲ廢止シ停止シ又ハ短縮シタルハ之ヲ雇止ノ十分ナル理由ト看做ス
The abandonment, interruption, or shortening of the voyage, by reason of a state prohibition or other state order, is to be deemed to be sufficient cause for discharge.
第八百七十八條　航海中十分ナル理由ナクシテ雇止セラレタル海員ハ發航シタル港マテノ無賃送還ヲ請求スル權利アリ
878.　Any member of the crew discharged during a voyage without sufficient cause is entitled to claim a return passage free of cost to the port of his departure.
船長カ其海員ヲシテ發航シタル港ニ航行スル船舶ニ於テ相當ノ職務ニ就カシメタルトキハ右ノ請求ニ應シタルモノトス
Such claim is deemed to be satisfied if the master has taken care that such member is provided with proper employment on another ship bound for the afore-mentioned port.
第八百七十九條　定マリタル航海ノ爲メニスル雇入ノ場合ニ在テハ海員ハ其航海ノ延長シタルトキハ割合ニ應シテ增給ヲ受クル權利アリ
879.　Where a member of the crew has been engaged for a specified voyage, he is entitled, in the event of such voyage being prolonged, to a proportionate increase in wages.
第八百八十條　船舶カ航海ヲ終ラサル前ニ沈沒シタルトキハ海員ハ給料ノ請求權ヲ失フ但海員ノ勞動ニ因リテ救助シタル船舶若クハ積荷ノ部分ニ付テハ此限ニ在ラス
880.　In the event of the ship being sunk before the voyage has been completed, the members of the crew lose their right to claim wages, excepting in so far as any part of ship or cargo is saved by their exertions.
船舶カ掠奪セラレ又ハ修繕ノ効ナキモノト爲リタル場合ニ於テハ海員ハ既ニ受取ル可キニ至リタル給料及ヒ發航シタル港マテノ無賃送還ヲ請求スルコトヲ得
In the event, however, of the ship being captured or becoming incapable of repair, the members of the crew are entitled to any wages due and to a return passage free of cost to the port of his departure.
第八百七十八條第二項ノ規定ハ前項ノ場合ニ於テモ之ヲ適用ス
The provisions of the second paragraph of Article 878 apply also in these cases.
第八百八十一條　給料ノ請求權ハ海員カ船舶又ハ積荷ノ碎殘物ノ救撈ニ從事シタル日數ニ付テモ成立ス
881.　Members of the crew are also entitled to claim wages in respect of those days on which they are employed in saving the wreck of ship or cargo.
第八百八十二條　就役ノ後疾病ニ罹リ又ハ傷痍ヲ被フリタル海員ハ三个月ヲ超エサル期間看護及ヒ治療ヲ請求スル權利アリ但自己ノ過失ニ因リテ疾病又ハ傷痍ヲ惹起シタルトキハ此限ニ在ラス
882.　Members of the crew who fall ill or are injured after they have entered upon their employment have a right to attendance and medical treatment for a period not exceeding three months, unless such illness or injury was brought about through their own fault.
第八百八十三條　海員カ就役ノ後死亡シタルトキハ其死亡ノ日マテノ給料ハ其相續人ニ歸シ又船舶ノ防禦ノ際死亡シタルトキハ全航海ニ付テノ給料全額カ其相續人ニ歸ス
883.　In the event of a member of the crew dying after he has entered upon his employment, his wages up to the day of his death are payable to his heir, and if he was killed in defending his ship, the amount so payable consists of the whole of his wages for the entire voyage.
海上又ハ外國ニ於テ爲ス葬式ノ費用ハ船舶所有者之ヲ負擔ス
The expenses of burial of a member of the crew at sea or abroad are to be borne by the owner of the ship.
第八百八十四條　海員ハ就役ノ後ハ船長又ハ其代人ノ許可ヲ受クルニ非サレハ船舶ヲ離ルルコトヲ得ス
884.　No member of the crew, after he has once entered upon his employment, may leave the ship without the permission of the master or of his representative.
海員遁走シタルトキハ地方官廳ニ依賴シ强制シテ復役セシムルコトヲ得復役セシムルコトヲ得サル場合ニ在テハ其海員ハ既ニ受取ル可キニ至リタル給料及ヒ其遺留物ヲ請求スル權利ヲ失フ
Members of the crew who have deserted may be forcibly brought back to their employment with the assistance of the local authorities, and if their return cannot be effected they lose their right to claim any wages due and are deprived of their right to any things that they may have left behind.
第八百八十五條　本節ノ規定ハ船長ニモ之ヲ適用ス但別段ノ規定アルトキ又ハ性質上當然反對ノ生スルトキハ此限ニ在ラス
885.　The provisions in this Section contained apply also to the master, in so far as it is not otherwise provided or does not otherwise follow as of course from the nature of the case.
第八百八十六條　海員ノ義務背反殊ニ不從順及ヒ抵抗ハ船長懲戒權ヲ以テ之ヲ制止ス
886.　Every breach of duty on the part of a member of the crew, in particular disobedience and resistance, is to be suppressed by the master by the exercise of his disciplinary powers.
第五章　運送契約
CHAPTER V. CONTRACTS OF AFFREIGHTMENT.
第一節　船舶賃貸借契約
SECTION I. CHARTER-PARTY.
第八百八十七條　航海ノ爲メニ船舶ノ全部若クハ一分ヲ賃貸借スル契約ハ書面ニ作リテ當事者各自ニ其一通ヲ所持スルコトヲ要ス
887.　The contract for the letting of a ship or of a part thereof for one or more voyages must be formed in writing and a copy thereof in original must be kept by each party thereto.
賃貸人ハ航海前又ハ航海中已ムヲ得サル場合ニ於テハ賃借人ノ不利ト爲ラサルトキニ限リ契約書ニ記シタル船舶ヨリ他ノ船舶ニ自費ヲ以テ運送品ヲ積換フルコトヲ得
In case of necessity the lessor is entitled before the commencement of the voyage or during the voyage to tranship the goods to a ship other than that indicated in the contract, provided that he does so without detriment to the charterer and at his own expense.
第八百八十八條　繫船場、碇泊期間、超過碇泊期間ト超過碇泊ニ付テノ損害賠償トハ別段ノ契約アルニ非サレハ其地ノ慣習ニ依リテ之ヲ定ム
888.　Unless otherwise determined by contract, the place of loading, lay days, demurrage days, and demurrage are regulated by local usage.
第八百八十九條　碇泊期間及ヒ超過碇泊期間ノ計算ニハ一般ノ休日及ヒ風雨其他天然若クハ法律上ノ妨礙ニ因リテ荷積又ハ荷卸ヲ妨ケラレタル日ヲ算入セス
889.　In calculating lay days and demurrage days, general holidays and those days on which the loading or unloading is prevented by wind or weather or some other natural or legal impediment are to be excluded.
第八百九十條　月又ハ其他ノ時限ヲ以テ運送賃ヲ定メタルトキハ其時限ハ別段ノ契約アルニ非サレハ航海ヲ始ムル日ヨリ之ヲ起算ス
890.　Where freight is fixed by the month or other period of time, such period, in the absence of any contract to the contrary, is to be calculated from the day on which the ship sails.
第八百九十一條　航海ヲ始ムル前ニ到達地トノ貿易及ヒ交通ノ禁止セラレタルトキハ契約ハ解除シタルモノトス但此カ爲メニ當事者ノ中孰レニモ損害賠償ヲ求ムル權利ヲ生スルコト無シ
891.　If, before the voyage commences, trade or intercourse with the port of destination is prohibited, the contract is cancelled without any right to indemnification on either side.
航海中ニ右ノ禁止ニ因リテ船舶カ歸航セサルヲ得サルトキハ往返航海ノ爲メニ賃借シタルトキト雖モ往路ノ運送賃ニ限リ支拂フコトヲ要ス
Where, during the voyage, a ship is by reason of such prohibition obliged to turn back, freight must be paid for the outward voyage only, notwithstanding that the ship was chartered out and home.
右二箇ノ場合ニ於テハ荷積及ヒ荷卸ノ費用ハ賃借人ノ負擔トス
In both cases the cost of loading and unloading is to be borne by the charterer.
第八百九十二條　到達港カ封港又ハ其他ノ處分ニ因リテ閉鎖セラレタルトキハ船長ハ別段ノ指圖ヲ受ケサルカ又ハ受ケタル指圖ヲ實行スル能ハサルニ於テハ賃借人ノ利益ヲ謀リ最近ノ港ニ入航スルカ又ハ發航ノ港ニ歸航スルコトヲ要ス
892.　In the event of the port of destination being closed by blockade or other measure, the master, in the absence, or impossibility of execution, of other instructions, must in the interests of the charterer take his ship into one of the nearest ports or return to the port of departure.
第八百九十三條　不可抗力ニ因リテ航海ノ起始又ハ繼續カ一時妨ケラレタルトキハ契納ハ仍ホ効力ヲ有シ當事者ノ孰レニモ損害賠償ヲ求ムル權利ヲ生スルコト無シ然レトモ賃借人ハ自費ヲ以テ積荷ヲ處分スル權利ヲ有ス
893.　If the commencement or the continuation of the voyage is temporarily prevented by irresistible force, the contract still remains effective without either party being entitled to indemnification ; the charterer, however, is entitled to deal with the cargo as he sees fit but at his own expense.
第八百九十四條　荷積ヲ始ムル前ニ在テハ賃借人ハ運送賃ノ半額ヲ支拂ヒテ契約ヲ解除スルコトヲ得若シ碇泊期間ニ一モ積荷ヲ引渡ササルトキハ契約解除ト看做サレ又運送賃ノ半額ヲ支拂フコトヲ要ス
894.　The charterer may cancel the contract before loading has commenced on payment of one half of the freight. Failure to furnish cargo during the lay days is to be regarded as cancellation of the contract, and in such event one half of the freight must be paid.
第八百九十五條　賃借人ハ其過失ニ因リテ積荷ヲ沒收セラレ又ハ差押ヘラレタルトキハ運送賃ノ全額ヲ支拂ヒ且此カ爲メニ生シタル損害ヲ賠償スル義務アリ
895.　If. by the fault of the charterer the cargo is confiscated or seized, he remains liable for the whole amount of the freight and is bound to make good any damage occasioned to the ship thereby.
第八百九十六條　船長ハ賃借人カ約定シタル積荷ノ全部ヲ積込マサルトキト雖モ契約ヲ解除セサルニ於テハ航海ヲ爲ス權利ヲ有シ義務ヲ負フ此場合ニ於テ運送賃ノ全額ニ對スル擔保ヲ缺クトキハ更ニ其擔保ヲ求メ又積荷ノ不十分ナル爲メニ損害ヲ生シタルトキハ其賠償ヲ求ムルコトヲ得
896.　Unless the charterer cancels the contract, the master is entitled and bound to proceed on the voyage, even without the full cargo agreed upon. In such case, however, if his guaranty is not sufficient for the full freight, he may demand further guaranty as well as indemnification for any loss sustained through deficiency of cargo.
第八百九十七條　他ノ運送品ニ付キ得タル收入及ヒ航海ヲ止メタルニ因リテ減シタル費用ハ運送賃ヨリ之ヲ扣除スルコトヲ得ス但第九百五條第二項ノ場合ハ此限ニ在ラス
897.　Excepting in the case of the second paragraph of Article 905, any receipts in respect of other goods conveyed or any saving in expenses effected by reason of the voyage not taking place cannot be deducted from the freight.
第八百九十八條　船舶賃貸借契約ニ關スル原則ハ貨物運送ノ外ナル目的ヲ以テ航海スル爲メノ船舶賃貸借契約ニモ之ヲ適用ス
898.　The principles governing charter-party apply also to the case of the charter of a ship for a voyage for a purpose other than that of conveyance of goods.
第二節　船荷證書
SECTION II. BILLS OF LADING.
第八百九十九條　船荷證書ハ船長カ運送ノ爲メニ受取リタル運送品ニ對シテ發ス可キ受取證券ニシテ左ノ諸件ヲ包含ス
899.　A bill of lading is a receipt of the master for the goods delivered to him for conveyance. It contains:--
第一　船名及ヒ國籍
i.　The name and nationality of the ship ;
第二　船長ノ氏名
ii.　The names of the master ;
第三　船舶賃借人ノ氏名及ヒ積荷受取人ノ指示
iii.　The names of the shipper and indication of the consignee ;
第四　荷積港及ヒ到達港
iv.　The port of loading and the port of destination ;
第五　貨物ノ種類、數量及ヒ各箇運送品ノ員數、記號、番號、外包ノ方法
v.　The nature, the quantity, or weight of the goods, the number, marking, and numbering of the packages, and the method of packing ;
第六　運送賃ニ付テノ約定
vi.　The provisions as to freight ;
第七　年月日
vii.　The date ;
第八　交付シタル船荷證書ノ數
viii.　The number of parts issued.
船荷證書ハ求ニ應シ幾通ニテモ之ヲ交付ス可シ其中ノ一通ニハ船長ノ手許ニ備置ク爲メ賃借人署名、捺印シ他ノ各通ニハ船長署名、捺印スルコトヲ要ス
As many parts of the bill of lading are to be issued as may be required ; of such parts one, which the master is to retain, must be signed and sealed by the shipper and the others by the master.
船荷證書ハ或人ニ宛テ又ハ指圖式若クハ無記名式ニテ之ヲ發スルコトヲ得
The bill may be made out to a specified person, to order, or to bearer.
第九百條　船荷證書ハ荷積ヲ終リタル後二十四時內ニ之ヲ發スルコトヲ要ス
900.　The bill of lading must be made out within twenty four hours of shipment being completed.
積込ミタル貨物ニ付テノ關稅受取證書及ヒ關稅明細書ハ右同一ノ期間ニ賃借人之ヲ船長ニ交付スルコトヲ要ス
The custom-house receipts and custom-house declarations relating to the goods shipped must be delivered to the master by the shippers within the like time.
第九百一條　規定ニ從ヒテ發シタル船荷證書ノ旨趣ハ當事者相互ノ間及ヒ當事者ト保險者トノ間ニ於テ完全ナル證據ト爲ルモノトス然レトモ反對ノ證據ハ之ヲ擧クルコトヲ得
901.　The contents of a bill of lading made out as prescribed constitute conclusive evidence between the parties interested, and between them and the insurers ; nevertheless, counter evidence is not excluded.
船長ハ外包ノ儘ニ又ハ閉蓋シタル容器ノ儘ニ受取リタル運送品ノ種類及ヒ數量ニ付テハ明約アルニ非サレハ責任ヲ負フコト無シ但運送品ヲ受取人ニ引渡ス時ニ於テ其外部ニ毀損アルトキハ此限ニ在ラス
The master, unless he has expressly undertaken the liability, is not responsible for the nature and quantity and weight of goods received by him for conveyance in any packing or in closed vessels, provided the same are externally in good order when delivered to the consignee.
喪失又ハ毀損ニ付テノ責任ハ第四百九十三條ニ揭ケタル情況ニ因ル外尙ホ火災、盜難其他過失ニ出テサル事故ニ因リテ消滅ス
Liability for loss or damage, in addition to ceasing under the circumstances in Article 493 specified, is terminated by fire, theft, robbery, and other accidents in the absence of fault on his part.
過失ニ付テノ責任ハ契約ヲ以テモ之ヲ免カルルコトヲ得ス
A master cannot free himself by contract from his liability for fault.
第九百二條　船長ハ到達港ニ於テ運送賃、附帶費用、海損竝ニ立替金ノ辨償及ヒ受取證書ヲ受ケテ船荷證書所持人ニ運送品ヲ引渡ス義務アリ若シ二人以上ノ船荷證書所持人カ申出ヲ爲ストキハ運送品ヲ公ノ倉庫ニ寄託シ又ハ裁判所ノ命令ニ依リテ之ヲ他人ニ寄託スルコトヲ要ス
902.　Upon payment of the freight and accessory charges together with average and any disbursements, and in return for a receipt, the master is bound to deliver the goods at the port of destination to the person who is the holder of the bill of lading. If two or more holders of the bill of lading present themselves, the goods must be deposited in a public warehouse or, by virtue of an order of the Court, with a third person.
第三節　運送賃
SECTION III. FREIGHT.
第九百三條　運送賃ノ額ハ契約又ハ時價ニ依リテ之ヲ定ム其契約上ノ額ハ船舶賃貸借契約書又ハ船荷證書ヲ以テ之ヲ證明スルコトヲ要ス
903.　The amount of freight is regulated by contract or by the rates current at the time, and must be evidenced in the former case by the charter-party or the bill of lading.
單獨海損及ヒ附帶費用ハ契約又ハ商慣習ニ依リテノミ之ヲ計算スルコトヲ得
Particular average and other accessory expenses can only be charged if allowed by contract, or if sanctioned by the usages of trade.
第九百四條　船長ハ現實ノ積量ニ超エタル積量ヲ明吿シタルトキハ此ニ因リテ賃借人ニ加ヘタル損害ヲ賠償スル義務ヲ負ヒ且割合ニ應シテ運送賃ヲ減ス可キモノトス但其明吿カ官ノ測度證書ト符合シ又ハ錯誤ヨリ出テタル差カ四十分ノ一ヨリ多カラサルトキハ此限ニ在ラス
904.　Where the master has expressly overstated the burden of his ship, he is bound to indemnify the charterer or shipper for any damage he may in consequence of such statement have sustained, and the freight is to be proportionately reduced, save where such statement was in conformity with the official certificate of measurement or where the difference, if it was due to mistake, does not exceed one fortieth part.
第九百五條　船舶賃借ノ場合ニ於テハ賃借人ハ積荷ノ全部ヲ引渡ササルトキト雖モ運送賃ノ全額ヲ支拂フ義務アリ又餘分ノ積荷ニ付テハ割合ニ應シテ運送賃ノ增額ヲ支拂フコトヲ要ス
905.　If, in the case of a charter-party, the charterer fails to furnish the full cargo contracted for, he is none the less liable for payment of the entire freight ; a proportionately increased freight must be paid for additional cargo.
船長ハ賃借人ノ承諾ヲ得テ他ノ運送品ヲ以テ積荷ノ不足ヲ補充スルコトヲ得其補充ヨリ生スル運送賃ハ賃借人ニ歸ス
Where the cargo shipped is less than that agreed upon, the master is entitled, with the charterer's consent, to complete the lading with other goods ; in such event the freight payable therefor belongs to the charterer.
第九百六條　各箇ノ積荷ハ航海ヲ始ムル前ニ在テハ賃借人運送賃ノ半額ト取戾ニ因リテ生スル費用トヲ支拂ヒテ之ヲ取戾スコトヲ得航海ヲ始メタル後ニ在テハ運送賃ノ全額ト取戾ニ因リテ生スル費用トヲ支拂フコトヲ要ス但其取戾カ船長ノ過失ニ因ルトキハ第九百八條ノ規定ニ從フ
906.　Prior to commencement of the voyage the charterer or shipper may withdraw goods other than those in bulk on paying half the freight and the expenses occasioned by such withdrawal. Full freight must be paid for goods withdrawn after the voyage has commenced, together with the expenses thereby occasioned. The provisions of Article 908 are, however, to be applied where the withdrawal was occasioned by fault of the master.
第九百七條　船長ノ承諾ヲ得ス又ハ虛僞ノ明吿ヲ爲シテ船舶ニ積込ミタル運送品ハ船長之ヲ陸揚シ又ハ之ニ最高ノ運送賃ヲ付スルコトヲ得又其運送品カ船舶若クハ他ノ物ヲ危險ナラシムルトキハ之ヲ海中ニ投スルコトヲ得
907.　Where goods have been put on board without the consent of the master or under a false declaration, the master may land them, or may charge the maximum rate of freight in respect thereof or may even have them thrown overboard if the ship or other goods are endangered by them.
第九百八條　船舶カ航海ノ用ニ耐ヘサルトキ又ハ契約ニ揭ケタル國籍ヲ有セス若クハ之ヲ失ヒタルトキハ賃借人ハ契約ヲ解除スルコトヲ得又船長ハ運送賃ノ請求權ヲ失ヒ且賃借人ニ被フラシメタル總テノ損害ヲ賠償スルコトヲ要ス
908.　Where a ship is unseaworthy, or is not of the stipulated nationality or loses the same, the charterer or shipper may cancel the contract ; in such case the master loses his right to the freight and must indemnify the charterer or shipper for any damage that may have been caused him.
第九百九條　船舶カ航海中ニ生シタル破損ノ爲メ修繕ヲ要スルトキハ賃借人ハ運送賃ノ全額ヲ支拂ヒテ契約ヲ解除スルコトヲ得
909.　If the ship requires to be repaired in consequence of injury occasioned during the voyage, the charterer or shipper can cancel the contract on paying the full freight.
若シ船舶ヲ相當ノ期間ニ修繕スルコトヲ得サルトキハ賃借人ハ船長カ他ノ船舶ヲ以テ之ニ換ヘサルトキニ限リ其地マテノ運送賃ヲ支拂ヒテ契約ヲ解除スルコトヲ得
In case the repairs cannot be effected within a reasonable time, the charterer or shipper, unless the master provides another ship, can cancel the contract on paying the freight so far as it has already run.
第九百十條　第八百九十三條ノ場合ニ於テハ滯泊ノ費用ハ共同海損ノ原則ニ從ヒテ之ヲ定ム
910.　In the cases specified in Article 893 the expenses of detention are to be treated in accordance with the principles governing general average.
第九百十一條　航海前、航海中又ハ到達港ニ於テ賃借人又ハ船長ノ惹起シタル遲延ノ費用ハ其遲延ヲ惹起シタル者之ヲ負擔シ且此ニ因リテ生シタル損害ヲ賠償スルコトヲ要ス
911.　The expenses of delay caused by the charterer or shipper or by the master before or during the voyage or at the place of destination are to be borne by the person who caused such delay ; he must also make indemnification for any damage thereby occasioned.
第九百十二條　賃借人ノ過失、物ノ性質又ハ事變ニ因リテ喪失シタル運送品、第八百七十二條ニ從ヒテ賣却シタル運送品又ハ共同ノ危險ヲ救フ爲メニ海中ニ投シタル運送品ニ付テハ運送賃ノ全額ヲ支拂フコトヲ要ス然レトモ海中ニ投シタル場合ニ於テハ其運送賃ハ共擔辨濟ノ義務ヲ負擔ス
912.　Full freight must be paid in respect of all goods lost through fault of the charterer or shipper, or in consequence of their nature, or through accident, and for all goods sold in conformity with Article 872 or thrown overboard for the purpose of saving from a common danger ; in the last mentioned case, however, such freight is subject to average contribution.
第九百十三條　船舶ノ難破、坐礁、膠沙又ハ掠奪ニ因リテ失ヒタル運送品ニ付テハ運送賃ヲ支拂フコトヲ要セス且別段ノ契約アルニ非サレハ豫メ支拂ヒタル運送賃ハ之ヲ償還スルコトヲ要ス
913.　No freight is payable for goods lost by shipwreck, stranding, or capture, and, unless otherwise agreed upon, any freight paid in advance must in such case be refunded.
救助セラレ又ハ贖戾サレタル運送品ニ付テハ之ヲ到達港ニ運送セサルトキハ船舶ノ難破、坐礁、膠沙又ハ掠奪ノ地ニ至ルマテノ運送賃ヲ支拂フコトヲ要ス
For saved or ransomed goods, freight must be paid up to the place of shipwreck, stranding or capture, unless they are forwarded to their place of destination.
第九百十四條　積荷受取人ヨリ運送賃ヲ受取ルコトヲ得ス又運送品ヲ賣却スルモ仍ホ之ヲ得ルコト能ハサルトキハ賃借人ハ其運送賃ニ付キ責任ヲ負フ
914.　If the freight cannot be obtained from the consignee or from the sale of the goods, the charterer or shipper remains liable therefor.
第九百十五條　船長ハ運送品ヲ引渡シタル後十四日間ハ所有者ノ破產シタルトキト雖モ運送賃其他ノ債權ノ爲メ運送品ニ付キ優先權ヲ有ス但其貨物ノ占有カ第三者ニ移リタルトキハ此限ニ在ラス
915.　The master preserves a right of preference against the goods carried in respect of freight and other rights of claim for the space of fourteen days after delivery, unless they have passed into the possession of third persons, and although the owner should become bankrupt during the said period.
第九百十六條　運送賃ノ減額ハ運送品ノ喪失、情況ノ變更又ハ其他ノ事由ノ爲メニ之ヲ求ムルコトヲ得ス
916.　No diminution in the freight can be claimed by reason of loss of the goods, altered circumstances, or on any other ground.
第九百十七條　運送品ノ價額ノ損失ニ付キ船長其責任ヲ負ヒタルトキハ運送品ヲ船長ニ委付シテ運送賃ニ換フルコトヲ得
917.　Goods can be abandoned to the master for the freight if he is responsible for their loss in value.
第四節　旅客運送
SECTION IV. CONVEYANCE OF PASSENGERS.
第九百十八條　旅客運送契約ニ旅客ノ氏名ヲ揭ケタルトキハ旅客ハ船長ノ承諾ナクシテ航海ノ權利ヲ他人ニ轉付スルコトヲ得ス
918.　If the passenger is named in the contract, the right to conveyance cannot be transferred to another party without the consent of the master.
第九百十九條　旅客ハ船中ノ秩序ニ係ル船長ノ指圖ニ服從スル義務アリ
919.　Passengers are bound to comply with all directions of the master relating to the discipline of the ship.
第九百二十條　航海中旅客ノ賄ハ反對ノ契約又ハ慣習アルニ非サレハ運送賃ニ包含スルモノトス若シ反對ノ契約又ハ慣習アル場合ニ於テ旅客カ食物ノ缺乏ヲ吿クルトキハ船長ハ相當ノ代價ニテ之ヲ給スル義務アリ
920.　The maintenance of the passenger during the voyage is covered by the passage money, unless the contrary is customary or is agreed upon ; in these cases the master is bound to supply a passenger who is in want thereof with provisions at a reasonable price.
第九百二十一條　旅客カ乘船地又ハ航海中ニ於テ定時ニ乘船セサルトキハ船長ハ之ヲ待ツ義務ナク旅客ハ運送賃ノ全額ヲ支拂フ義務アリ
921.　Where at the port of departure or during the voyage a passenger does not go on board by the time fixed, the master is not bound to wait for him and the passenger is bound to pay the full passage money.
第九百二十二條　發航前ニ航海ヲ廢止スル場合ニ於テハ左ノ規定ニ從フ
922.　Where the voyage is abandoned prior to the departure of the ship the following provisions are to be observed :--
第一　旅客ハ解約ノ申込ヲ爲シテ航海ヲ止メタルトキハ運送賃ノ半額ヲ支拂フコトヲ要ス
i.　One half of the passage money must be paid if the passenger gives notice of abandoning the voyage ;
第二　旅客カ死亡、疾病其他一身ニ係ル已ムヲ得サル事故若クハ不可抗力ニ因リテ航海ヲ妨ケラレタルトキハ運送賃ノ四分一ヲ支拂フコトヲ要ス然レトモ旅客ハ尙ホ次囘ニ發航スル船舶ヲ以テ航海スルヲ擇フコトヲ得但同一ノ定常航路ニ由ルトキニ限ル
ii.　One fourth of the passage money must be paid if the voyage is prevented by death, sickness, or by other unavoidable cause or irresistible force affecting the person of the passenger ; the passenger may, however, elect to be conveyed by one of the next departing ships, where there is a regular service in the same line ;
第三　船長ノ過失ニ因リテ航海ヲ廢止シタルトキハ旅客ハ既ニ支拂ヒタル運送賃ヲ取戾ス外尙ホ損害賠償ヲ請求スルコトヲ得
iii.　If the abandonment is brought about by the fault of the master, the passenger may claim to have returned to him the passage money paid in advance and also to be indemnified ;
第四　船舶ニ係ル已ムヲ得サル事故又ハ不可抗力ニ因リテ航海ヲ妨ケラレタルトキハ雙方ニ損害賠償ノ責ヲ生スルコト無クシテ契約ハ當然廢棄ニ歸ス但既ニ支拂ヒタル運送賃ハ別段ノ契約ナキトキハ之ヲ償還スルコトヲ要ス
iv.　If the voyage is prevented by unavoidable cause or irresistible force affecting the ship, the contract is dissolved of itself without affording a right to claim damages on either side, and the passage money paid in advance must in the absence of other contract be returned.
第九百二十三條　發航後ニ航海ヲ廢止スル場合ニ於テハ左ノ規定ニ從フ
923.　Where the voyage is abandoned after the departure of the ship the following provisions are to be observed:--
第一　旅客カ航海中ニ解約ノ申込ヲ爲シテ航海ヲ止メタルトキハ運送賃ノ全額ヲ支拂フコトヲ要ス
i.　The passenger, if he gives notice of abandoning the voyage during its course, must pay the full passage money ;
第二　船長カ航海ノ續行ヲ拒ミ其他旅客ノ航海ヲ止メタルコトニ付キ過失ノ責ヲ負フトキハ旅客ハ既ニ支拂ヒタル運送賃ヲ取戾ス外尙ホ損害賠償ヲ請求スルコトヲ得
ii.　The master, if he refuses to continue the voyage, or if the abandonment of the voyage by the passenger was otherwise occasioned by the master's fault, is bound to return the passage money paid in advance and also to indemnify the passenger ;
第三　旅客カ其一身又ハ船舶ニ係ル已ムヲ得サル事故又ハ不可抗力ニ因リテ航海ヲ妨ケラレタルトキハ既ニ航海シタル路程ニ應スル運送賃ノミヲ支拂フ義務アリ但船長カ契約上ノ旅客ノ權利ヲ害スルコト無ク他ノ同樣ナル船便ヲ以テ航海ヲ遂クルコトヲ申入レタルトキハ此限ニ在ラス
iii.　If the voyage is prevented by unavoidable cause or irresistible force affecting the ship or the person of the passenger, he is only bound to pay passage money to an amount proportionate to the part of the voyage performed, excepting where the master without violation of the passenger's contractual rights offers equally good means of conveyance by ship for the completion of the voyage.
海上災害其他ノ災害ノ爲メニ死亡シタル旅客ノ相續人ハ運送賃ヲ支拂フコトヲ要セス然レトモ既ニ支拂ヒタル運送賃ノ償還ヲ請求スルコトヲ得ス
The heir of a passenger who has perished in a maritime disaster or died by other accident is not required to pay the passage money, but passage money which has been paid in advance cannot be reclaimed.
第九百二十四條　原因ノ如何ヲ問ハス船舶カ發航ヲ遲延シタルトキハ旅客ハ無代價ノ止宿若シ運送賃ニ賄ヲ包含スルトキハ船中ニ於ケル賄ヲモ請求スルコトヲ得然レトモ其遲延ノ甚シキトキハ旅客ハ契約ヲ解除シテ既ニ支拂ヒタル運送賃ノ償還ヲ請求スルコトヲ得但其遲延カ船長ノ過失ニ因ルトキハ尙ホ損害賠償ヲ請求スルコトヲ得
924.　In the event of delay in the departure of the ship, and irrespective of the cause thereof, a passenger has a right to claim free lodging and, if maintenance is covered by the passage money, to also claim maintenance on board. In the case of considerable delay the passenger may, however, cancel the contract and reclaim the passage money paid in advance. A right to claim damages arises if the delay was occasioned by the fault of the master.
前項ノ規定ハ航海中立寄港ニ於テ生シタル同一ノ場合ニモ之ヲ適用ス然レトモ運送賃ノ償還ハ未タ航海セサル路程ニ應シテノミ之ヲ請求スルコトヲ得
The provisions of the preceding paragraph apply also to similar cases at places touched at during the voyage. Passage money, however, can be reclaimed only for the portion of the voyage not yet completed.
第九百二十五條　前條ノ場合ニ於テ船長カ契約上ノ旅客ノ權利ヲ害スルコト無ク他ノ同樣ナル船便ヲ以テ航海ヲ遂クルコトヲ申入レタルトキハ旅客ハ契約ヲ解除スルコトヲ得ス
925.　In cases under the preceding Article the passenger cannot cancel the contract if the master, without violating the passenger's contractual rights, offers equally good means of conveyance by ship for the completion of the voyage.
第九百二十六條　船長ハ旅客ノ安全、健康ニ注意シ必要ノ食物、藥劑及ヒ救助具ヲ供用ニ耐フル景狀ニテ船中ニ備フルコトヲ要ス若シ災害ノ生シタルトキハ船長ハ第一ニ旅客ヲ救助スル義務アリ且如何ナル情況アルモ此救助ヲ實行シタル後ニ非サレハ船舶ヲ去ルコトヲ得ス
926.　The master is bound to provide for the safety and health of passengers and to keep on board in serviceable condition all necessary aliments, medicaments and life-saving apparatus. When a disaster occurs, his first duty is to save the passengers, and he may under no circumstances leave the ship until this is effected.
船中ニ於テ死亡シタル旅客ノ埋葬ハ相續人ノ費用若シ已ムヲ得サレハ船舶ノ費用ヲ以テ慣習ニ從ヒ船長之ヲ爲ス義務アリ
It is the duty of the master to give a passenger who dies on board the customary burial at the expense of the heir or, if necessary, of the ship.
第九百二十七條　旅客カ船中ニ積入ルルコトヲ得ル行李及ヒ旅用具ノ運送ニ付テハ反對ノ契約アルニ非サレハ旅客運送賃ノ外特別ノ報酬ヲ支拂フコトヲ要セス
927.　In the absence of any contract to the contrary a passenger is not required to pay separately, beyond the passage money, for the conveyance of luggage and effects which he is entitled to bring on board.
第九百二十八條　船中ニ於テ死亡シタル旅客ノ行李及ヒ旅用具ニシテ船中ニ在ルモノハ船長ニ於テ其相續人ノ爲メ適當ノ方法ヲ以テ之ヲ取扱フ可シ
928.　Where a passenger dies on board, the master is bound to take proper care on behalf of his heir of the luggage and effects on board of the deceased.
第九百二十九條　本章第一節第三節及ヒ第一編第八章第八節ノ原則ハ第五百二十三條前段ノ規定ヲ除ク外本節ノ旅客運送ニモ之ヲ適用ス
929.　The principles laid down in Sections I and III of this Chapter, and those in Book I, Chapter VIII, Section VIII with the exception of the first clause of Article 523 apply also to the conveyance of passengers treated of in this Section.
第六章　海損
CHAPTER VI. AVERAGE.
第九百三十條　共同海損ハ船舶及ヒ積荷ヲ共同ノ危險ヨリ救助センカ爲メ故サラニ直接又ハ間接ニ船舶又ハ積荷ニ加ヘタル非常ノ喪失、損害及ヒ同一ノ旨趣ニテ支出シタル非常ノ費用タリ殊ニ左ニ揭クルモノハ共同海損ニ屬ス
930.　General average comprises all extraordinary losses and damage intentionally caused directly or indirectly to ship or cargo with the view of saving the same from common danger, and all extraordinary expenses similarly incurred ; the following, in particular, belong to general average:--
第一　船舶及ヒ積荷ニ係ル危險ヲ避ケ又ハ其既ニ被フリタル危險ノ有害ナル結果ヲ避ケンカ爲メニスル避難港ヘノ入航
i.　Putting into a port of distress to escape some danger to ship and cargo, or to escape the detrimental consequences of any such danger already encountered ;
第二　船舶ヲ輕クセンカ爲メニスル積荷ノ投棄又ハ陸揚及ヒ此ニ因リテ船舶又ハ積荷ニ加ヘタル損害
ii.　The throwing overboard or unloading of cargo for the lightening of a ship, and the damage to ship or cargo thereby occasioned ;
第三　沈沒又ハ掠奪ヲ避ケンカ爲メニスル任意ノ坐礁、膠沙
iii.　Voluntary stranding for the purpose of escaping sinking or capture ;
第四　船舶又ハ積荷ノ贖戾ノ費用及ヒ人質ニ取ラレタル者アルトキハ其贖戾ノ費用
iv.　The cost of ransoming the ship and cargo, including the cost of ransom of any hostages ;
第五　第八百七十二條ニ從ヒテ共同海損ヲ償フ爲メニ借入レタル金額ノ利息若クハ冒險料又ハ賣却シタル積荷ノ損失其他共同海損ノ調査及ヒ計算ノ費用
v.　Interest or premiums on sums loaned or losses on goods sold, in conformity with Article 872, to provide for general average, as well as the expenses of inquiring into and calculating general average.
第九百三十一條　共同海損ノ處分ヲ行フニハ船長ハ成ル可ク役員ト評議ヲ爲シ且其評議ノ結果ヲ航海日誌ニ記載ス可シ
931.　Prior to taking any measures giving rise to general average the master is, if possible, to consult with the officers of the ship, and the result of such consultation is to be entered in the ship's log-book.
第九百三十二條　船舶及ヒ積荷ノ全部又ハ一分ヲ救助スルコトヲ得タルトキハ積荷ト船舶及ヒ運送賃ノ半分トカ到達港其他航海ノ終極地ニ於ケル其價額ノ平等ナル割合ヲ以テ共同海損ヲ共擔ス
932.　If the ship and cargo have been wholly or in part saved, the general average is to be contributed in common by the cargo and one half of ship and freight in proportion to their respective values at the place of destination or other place of termination of the voyage.
第九百三十三條　共同海損ノ場合カ當事者ノ一方ノ過失ニ因リテ生シタルトキハ其過失ノ責任ハ共擔ノ爲メニ消滅セス
933.　Where a case of general average is brought about by the fault of a party interested, his contribution does not relieve him from his liability therefor.
第九百三十四條　共同海損ノ確定及ヒ割賦ハ到達港其他航海ノ終極地ニ於テ鑑定人之ヲ爲シ若シ鑑定人ノ選定ニ付キ爭アルトキハ官ヨリ之ヲ命ス
934.　General average is adjusted and apportioned at the place of destination or other place of termination of the voyage by experts who, in case of dispute, are to be officially appointed.
第九百三十五條　船舶ノ武具、食料、乘組員ノ給料、所持品及ヒ旅客ノ旅荷物ハ共同海損ヲ共擔セス然レトモ其喪失又ハ損害ノ場合ニ在テハ他ノ共擔義務アル物ヨリ其賠償ヲ受ク
935.　The ship's munition and provisions, the wages and personal effects of the ship's company, and the luggage of passengers are exempt from contribution to general average ; loss or damage thereto is, however, to be made good by the other articles liable to contribute.
第九百三十六條　喪失、損害及ヒ共擔額ノ計算ハ棄却シタル物及ヒ救助シタル物ノ實價ニ從ヒテ之ヲ爲ス然レトモ棄却シタル物ニ付テハ其實價カ船荷證書ニ記載シタル價額ヨリ高價ナリシトキト雖モ其記載ノ價額ノミヲ賠償ス
936.　The calculation of losses and damage, as well as of the amounts to be contributed, is to be based on the actual value of the articles sacrificed and of the articles saved ; goods sacrificed are, however, in every case to be paid for at the value specified in the bill of lading, notwithstanding that their actual value may have been greater.
船荷證書其他ノ明吿書ナクシテ積込ミタル貨物及ヒ甲板上ニ積込ミタル貨物ニ付テハ賠償ヲ爲スコト無シ但甲板上ニ積込ミタル貨物ニ付テハ沿岸小航海ノ船舶ニ非サルトキニ限ル
For goods laden on board without bill of lading or other express declaration, and for goods laden on deck, no indemnification is to be made. This provision does not, however, apply with regard to the latter goods in the case of ships employed in the petty coasting trade.
前項ノ場合ニ於テ救助シタル貨物ハ共擔義務ヲ免カルルコトヲ得ス
In the cases specified in the preceding paragraph the goods saved are not exempt from liability to contribute.
第九百三十七條　救助セラレタル船舶又ハ積荷カ其後喪失シ若クハ毀損シタルトキ又ハ海損若クハ救助ニ係ル債權ノ爲メ責ヲ負ヒタルトキ共擔義務ノ全ク消滅セサルニ於テハ其共擔義務ノ割合ハ初ノ海損ニ對シテ變更ヲ生スルコト無シ然レトモ其共擔義務ハ後ニ生シタル喪失若クハ毀損ヲ扣除シ又ハ海損若クハ救助ニ係ル債權ヲ扣除シタル殘價額ニ從ヒテ之ヲ定ム
937.　Where, after being saved, the ship or cargo is subsequently lost or damaged, or burdened with a fresh right of claim for average or saving, the proportion of their relative liability to contribution, so far as such liability is not completely extinguished, remains unchanged with respect to the previous case of average, but such liability is to be calculated according to the value remaining after deducting the loss or damage of later origin, and the right of claim for subsequent average or saving.
第九百三十八條　棄却シタル貨物ハ其後ニ生シタル海損ノ場合ニ在テハ共擔義務ヲ負擔セス又船舶ニ對スル積荷ノ共擔義務ハ船舶カ後ニ喪失シ又ハ使用ニ耐ヘサルニ至リタルトキハ消滅ス
938.　Goods sacrificed are not liable to contribution in the event of subsequent average ; the liability of the cargo for contribution in respect of the ship is extinguished if she is subsequently lost or rendered unserviceable.
第九百三十九條　棄却シタル貨物カ海損割賦ノ後所有者ニ返リタルトキハ其所有者ハ救助ノ費用ト棄却ニ因リテ生シタル損害ノ額トヲ扣除シテ既ニ受取リタル割賦金ヲ當事者ニ償還スル義務アリ
939.　If the goods sacrificed come again into the possession of the owner after apportionment has been effected, he is bound to return to the parties interested the amount he received, after deducting the expenses of saving and the damages occasioned by the sacrifice.
第九百四十條　單獨海損ハ任意ニ非スシテ生シ又ハ船舶若クハ積荷ノミニ生シタル喪失、損害及ヒ費用タリ此海損ハ各所有者各別ニ之ヲ負擔スルコトヲ要ス
940.　Particular average comprises all losses, damage, and expenses occasioned involuntarily or for ship or for cargo only. Particular average must be borne by each owner for himself.
第九百四十一條　水先案內料、挽船料、避氷入費、諸稅、手數料又ハ檣、帆若クハ機關ノ過度ナル使用ニ因リテ生シタル船舶ノ毀損ノ如キ航海ノ通常及ヒ臨時ノ費用若クハ損害ハ船舶ノミノ責ニ歸ス但反對ノ慣習アルモノハ此限ニ在ラス
941.　All ordinary and extraordinary expenses of and damage incidental to navigation, such as pilotage, towage, expenses of freeing from ice, dues and imposts, and damage caused to the ship by overstraining the masts and sails or the engines, are to be borne by the ship alone, unless the contrary is customary.
第九百四十二條　衝突、破裂其他ノ事由ニ因リテ船舶及ヒ積荷ニ生シタル損害ニ付テハ自己ノ過失ニ因リテ其損害ヲ惹起シタル者責任ヲ負フ若シ其災害カ事變又ハ當事者雙方ノ過失ニ因リテ生シタルトキハ各當事者ハ己レニ受ケタル損害ヲ負擔ス
942.　In cases of damage to ship or cargo by collision between ships, by explosion, or from other causes, the party by whose fault such damage was occasioned is liable. If the disaster was accidental or due to the fault of both parties, each party is to bear the damage he has sustained.
然レトモ當事者雙方ノ過失相均シカラサルトキ又ハ其災害ノ事由ヲ明カニ檢知スルコトヲ得サルトキハ損害ノ割賦ハ公平ナル酌量ニ從ヒテ之ヲ爲ス
Where, however, the fault of the parties is unequal or the cause of the disaster cannot be clearly ascertained, the damage is to be divided according to the merits.
第九百四十三條　海難ニ於テ乘組員ノ船舶ヲ退去シ若クハ抛棄シタルトキ其船舶又ハ積荷ノ全部若クハ一分ヲ救助シタル者又ハ救援若クハ救撈ノ際乘組員ニ助力ヲ爲シテ其功ヲ致シタル者ハ救助賃又ハ助力賃ヲ請求スル權利アリ其賃額ハ危險ノ度、費用、時間及ヒ救助竝ニ助力ヲ爲ス危險ト困難トヲ酙酌シテ之ヲ定ム然レトモ其賃額ハ救助シタル物ノ價額ノ三分一ヲ超エサルヲ通例トシ如何ナル場合ト雖モ半額ヲ超ユルコトヲ得ス
943.　Persons who in case of distress bring into safety the whole or a part of ship or cargo after the ship has been left or abandoned by the ship's company, or persons who successfully assist the ship's company in rescue or salvage, have a claim for reward for saving or assistance ; the amount of such claim is to be settled with due regard to the extent of the danger, the cost, and the time expended, as well as the perilousness and difficulties of saving or rendering assistance ; such amount may, however, not exceed as a rule one third, and in no case one half of the value of the things saved.
第九百四十四條　海損ノ爲メ保險者ニ對スル請求權ハ共同海損ノ場合ニ在テハ損害額カ船舶及ヒ積荷ノ被保險價額合計高ノ百分一以上ナルトキ單獨海損ノ場合ニ在テハ毀損シタル物ノ被保險價額ノ百分一以上ナルトキニ非サレハ成立セス
944.　A claim for average is only admissible against the insurer if the damage amounts to one per cent at least of the insured value of ship and cargo taken together in the case of general average, and of the thing damaged in the case of particular average.
第九百四十五條　保險契約ニ海損ノ責ニ任セサル旨ノ條款アルトキハ保險者ハ總テ海損ニ付テノ責ヲ免カル但委棄ノ要件ノ存在スルトキハ此限ニ在ラス此場合ニ於テハ被保險者ハ委棄スルト海損請求權ヲ主張スルトノ一ヲ擇フ權利アリ
945.　The clause “free from average” inserted in contract of insurance exempts the insurer from liability for all average, excepting where circumstances justifying abandonment exist ; in such case the insured has the option between abandonment and enforcing his claim for average.
第七章　冒險貸借
CHAPTER VII. BOTTOMRY.
第九百四十六條　冒險貸借ハ船長カ船籍港外ニ在テ船舶又ハ積荷ノ已ムヲ得サル需用ノ爲メ債權者ニ冒險料ヲ支拂フ約束ニテ航海中冒險抵當物ニ付テノ海上危險ヲ引受ケシムル條件ヲ以テ取結フ貸借契約タリ此契約ヲ取結フニハ第八百七十二條ノ手續ニ依ルコトヲ要ス
946.　Bottomry is a loan concluded by the master, away from the port of registry and subject to the due observance of the provisions of Article 872, for necessary requirements of the ship or cargo, and upon the condition that the creditor in return for a premium undertakes in respect of the mortgaged objects all sea risks during the voyage.
認可書及ヒ冒險貸借證書ニハ冒險貸借ノ事實、目的、船名、航路、冒險抵當物及ヒ其價額ヲ明記スルコトヲ要ス
The document of sanction and the bottomry contract must expressly state the fact and object of the bottomry, the name of the ship, route of the voyage, and the things mortgaged and the value thereof.
冒險貸借ノ金額カ冒險抵當物ノ價額ニ超ユルトキハ債權者ハ其超過額若シ債務者ニ詐欺ノ意思アル場合ニ在テハ全金額ニ利息ヲ附シテ之ヲ取戾スコトヲ得
Where the money lent exceeds the value of the objects mortgaged, the creditor may reclaim the excess and, in the case of fraudulent intent on the part of the debtor, the whole sum together with interest.
期望ノ利益ハ之ヲ積荷ノ價額ニ算入スルコトヲ得ス
Anticipated profit is not to be included in calculating the value of the cargo.
第九百四十七條　船舶、〔附屬物ヲ包含ス〕運送賃及ヒ積荷ハ之ヲ總括シ又ハ分別シテ冒險抵當ト爲スコトヲ得然レトモ積荷ノミハ其需用ノ爲メニスルニ非サレハ之ヲ冒險抵當ト爲スコトヲ得ス
947.　The ship [including appurtenances], the freight, and the cargo can be mortgaged conjointly or separately ; the cargo alone, however, only for its special requirements.
船舶ノ冒險抵當ニハ明示ナキモ船舶ノ附屬物及ヒ航海ノ終ニ於テ得ヘキ運送賃ヲ包含ス
The mortgage of the ship extends by implication to her appurtenances and to the freight earned on the termination of the vayage.
第九百四十八條　同一ノ物ヲ相異ナル需用ノ爲メニ數囘冒險抵當ト爲シタルトキハ後ノ債權ハ前ノ債權ニ先タツモノトス
948.　Where the same things are mortgaged more than once for different requirements, the later rights of claim are in every case to be preferred to those preceding them.
第九百四十九條　冒險貸借證券ハ求ニ因リテ二通以上ヲ交付シ又指圖式ニテ之ヲ發スルコトヲ得指圖式ニテ發シタル場合ニ在テハ裏書ヲ以テ轉付スルコトヲ得然レトモ裏書讓渡人ハ元金ノ支拂ニ付テノミ責ヲ負ヒ冒險料ノ支拂ニ付テハ明約アルニ非サレハ其責ヲ負ハス
949.　The bottomry bond may, on demand, be issued in two or more parts, and may be made out to order ; in the latter case it is transferable by indorsement ; the indorser, however, is only liable for payment of the principal, and not for that of the premium, unless he has expressly accepted liability for the latter.
第九百五十條　冒險貸借金額及ヒ冒險料ハ別段ノ期間ヲ約定シタルニ非サレハ船舶ノ投錨後八日內積荷ニ付テハ其陸揚後八日內ニ之ヲ辨償スルコトヲ要ス若シ此期間ニ辨償ヲ爲ササルトキハ債權者ハ冒險抵當物ニ對シテ質權ヲ行フコトヲ得
950.　Repayment of the sum lent together with the premium is to be made, unless some other period has been agreed upon, within eight days after the ship has anchored, or the cargo has been landed ; in the event of no repayment thereof taking place before the expiration of such period, the creditor may enforce the rights of a pledge creditor against the objects mortgaged.
總テノ冒險抵當物ハ其債權者ニ對シテ連帶ノ責任ヲ負フ
The objects mortgaged are all and severally bound to the bottomry creditor.
第九百五十一條　航海ノ變更、他ノ船舶ニ貨物ノ積換其他危險ノ變更ハ避ク可カラサル必要ニ出テタルニ非サレハ債權者ヲシテ海難ニ付テノ責ヲ免カレシム
951.　Change in the voyage, transhipment of cargo, or other alterations in the risk, unless brought about by inevitable necessity, relieve the creditor from liability for sea risks.
第九百五十二條　冒險貸借債務ノ辨償ハ冒險抵當物ノ全部カ航海中海上危險ノ爲メニ喪失シタルトキハ之ヲ求ムルコトヲ得ス若シ毀損又ハ一分ノ喪失ノ場合ニ在テハ其殘餘ノ價額ニ限リ之ヲ求ムルコトヲ得但海損及ヒ救助ノ費用ハ之ヲ扣除ス
952.　Payment of the bottomry debt cannot be claimed if the mortgaged objects were totally lost by the occurrence of a sea risk during the voyage ; in the case of damage or partial loss it can only be claimed to the extent of their remaining value, after deducting average and expenses of saving.
前項ノ場合ニ在テハ海損ニ付テノ損害賠償ハ債權者ノ利益ニ歸ス
In the cases in the preceding paragraph mentioned indemnification received on account of average inures to the benefit of the bottomry creditor.
第八章　保險
CHAPTER VIII. INSURANCE.
第一節　保險契約ノ取結
SECTION I. CONCLUSION OF THE CONTRACT OF INSURANCE.
第九百五十三條　總テ航海ノ危險ニ罹ル可キ適法ナル財產上ノ利益ハ航海ノ全部又ハ一分ノ爲メ平時ト戰時トヲ問ハス航海前又ハ航海中ニ之ヲ保險ニ付スルコトヲ得
953.　Every lawful interest in property exposed to the risks of a sea voyage may be insured for the whole voyage or part thereof, either before its commencement or during its continuance, and either in time of peace or in time of war.
殊ニ船舶、〔附屬物ヲ包含ス〕貨物運送賃、旅客運送賃、運送貨物、其賣却利益、仲買人手數料、仲立人手數料、冒險貸借債權、海損債權其他船舶債權者ノ債權及ヒ保險者自身ノ利益ハ之ヲ總括シ又ハ分別シテ保險ニ付スルコトヲ得
There may, in particular, be insured conjointly or separately the ship [including appurtenances], the freight, passage monies, the goods conveyed, the profits on their sale, commission and brokerage, the bottomry claims, average and other claims of the ship's creditors, and the interest of the insurer himself.
船舶乘組員ノ給料及ヒ報酬ノ保險ハ無効トス
No valid insurance of the wages or remuneration of the ship's company can be effected.
第九百五十四條　船舶ノ被保險價額ハ危險ノ始マル時及ヒ地ニ於テ船舶ノ有スル價額トス
954.　The insurable value of a ship is her value at the time and place of commencement of the risk.
第九百五十五條　船舶ノ危險ハ積荷又ハ底荷ノ積入ノ始マル時ニ始マリ荷卸ノ終リタル時又ハ不當ノ遲延ナクシテ其終リ得タル可キ時ニ終ル但別段ノ契約アルトキハ此限ニ在ラス
955.　With respect to the ship the risk runs, unless otherwise agreed upon, from the commencement of loading cargo or ballast until discharge thereof has been completed, or could have been completed in the absence of undue delay.
第九百五十六條　冒險貸借債權及ヒ海損債權ハ冒險抵當物又ハ共擔義務ヲ負フ物ノ價額ヲ限トシテ保險ニ付スルコトヲ得
956.　Bottomry and average claims are only insurable up to the value of the mortgaged objects and objects liable to contribution respectively.
第九百五十七條　保險契約取結ノ後戰爭起リ其他總テ國ノ處分ニ出ツル危險生シタルトキハ當事者ハ契約ヲ解除スル權利ヲ有ス但保險料ノ相當ナル增加ヲ豫定シタルトキハ此限ニ在ラス
957.　Where, subsequent to conclusion of the contract of insurance, war breaks out or risks from other measures of State arise, each party has a right to cancel the contract, unless a proportionate increase of premium was provided for.
既ニ支拂ヒタル保險料ハ契約解除ノ場合ニ在テハ之ヲ償還スルコトヲ要ス
Premium already paid must be returned in the event of the contract being cancelled.
第二節　保險者及ヒ被保險者ノ權利義務
SECTION IL RIGHTS AND DUTIES OF INSURER AND INSURED.
第九百五十八條　被保險者ハ危險ノ始マル前ニ航海ヲ止メタルトキハ被保險額ノ二百分一ノ損害賠償ヲ支拂ヒテ契約ヲ解除スルコトヲ得
958.　The insured is entitled, in the event of the voyage being abandoned before the risk has commenced, to cancel the contract on payment of an indemnity of one half per cent of the sum insured.
第九百五十九條　保險者ハ海上危險ノ發生ニ因リ殊ニ暴風雨、破船、坐礁、膠沙、流氷、衝突、投荷、火災、破裂、盜難、劫掠ニ因リ又ハ航海、線路若クハ船舶ノ已ムヲ得サルニ出テタル變更ニ因リ又ハ乘組員ノ不正若クハ過失其他ノ事由ニ因リテ生シタル總テノ喪失及ヒ損害ヲ負擔ス但契約ヲ以テ取除ヲ設ケタルモノハ此限ニ在ラス
959.　The insurer is to bear all losses and damage caused by the happening of a sea risk ; in particular, those occasioned by storm, shipwreck, stranding, floating ice or collision, by jettison, fire, explosion, theft or robbery or pillage, by necessary change of the voyage, route, or ship, by the dishonesty or fault of members of the ship's company and by other like risks, in so far as not excepted by contract.
保險者ハ明約アルニ非サレハ戰爭其他總テ國ノ處分ニ出ツル危險殊ニ掠奪、宣戰、報復、封港、鎖港、差押及ヒ此類ノ事由ニ因リテ生シタル喪失及ヒ損害ヲ負擔セス
All losses and damage caused by risks of war or of other measures of State, in particular, those occasioned by capture, declaration of war, reprisals, blockade, embargo, arrest, or by other like cause, are only borne by the insurer if he has expressly undertaken them.
第九百六十條　保險者ハ水先案內料、挽船料、船舶又ハ積荷ニ付キ支拂フ可キ手數料、關稅其他ノ諸稅、年數、腐朽又ハ蠧蝕ニ因リテ生シタル損害、通常ノ使用ニ因リテ生シタル損耗、船長又ハ海員ノ行爲ニ付キ船舶所有者ノ負擔スル責任、航海不耐用又ハ艤裝若クハ乘組員ノ不十分又ハ成規上ノ書類ノ欠缺ニ因リテ生シタル損害ヲ負擔セス
960.　The insurer does not bear the cost of pilotage, or of towage, the dues, custom duties, and other taxes leviable on ship or cargo, damage due to age, rotting, or worms, the wear and tear of ordinary use, the responsibility of the shipowner for the acts of the master and members of the crew, the damage due to unseaworthiness, to defective equipment or undermanning, or consequent on the absence of the prescribed papers.
第九百六十一條　損害ヲ賠償ス可キ保險者ノ義務ハ被保險者カ其損害ニ付キ船長其他ノ人ニ對シテ賠償請求ノ權利ヲ有スルカ爲メニ之ヲ免カルルコトヲ得ス
961.　The obligation of the damage sustained is not insured being entitled to in respect thereof against insurer to make good the excluded by reason of the a claim for indemnification the master or some other person.
第九百六十二條　保險料ハ契約上ノ航海期間ヲ延長シタルトキハ割合ニ應シテ之ヲ增スコトヲ要ス然レトモ其期間ヲ短縮スル場合ニ在テハ之ヲ減スルコトヲ得ス航海ヲ短縮スル場合モ亦同シ
962.　The premium must be proportionately increased in case the voyage is prolonged beyond its stipulated duration ; it is not, however, to be reduced in the event of the duration of the voyage or of the voyage itself being shortened.
第九百六十三條　旅客運送賃ノ保險ハ航海ノ延長、旅客ノ載換、避難港ニ於ケル旅客ノ給養、他船ヲ以テスル旅客ノ運送、食料ノ喪失若クハ減損其他此類ノ海上災害ニ因リテ生シタル旅客運送費增額ノ賠償ヲ請求スル權利ヲ被保險者ニ與フルモノトス
963.　The insurance of passage monies entitles the insured to be indemnified the extra cost of conveyance of passengers caused by maritime disaster, such as expenses incurred by prolongation of the voyage, transhipping passengers, their maintenance in a port of distress, forwarding them by another ship, loss or damage to provisions and other mishaps.
第九百六十四條　貨物運送賃又ハ旅客運送賃ノ通常額ヲ增加シテ運送貨物又ハ旅荷物ノ危險ヲ引受クル者アルトキハ保險ニ關スル原則ヲ之ニ適用ス
964.　Where, in consideration of an increase of the ordinary freight or passage money, the risk attending the goods or passengers' luggage on board is undertaken, the principles governing insurance are to be applied.
第三節　委棄
SECTION III. ABANDONMENT.
第九百六十五條　委棄ハ全被保險額ノ支拂ヲ受ケテ保險者ニ被保險物ヲ委付スルニ在リ
965.　Abandonment is the relinquishing to the insurer of the object insured in return for the payment of the full sum insured.
委棄ハ左ノ場合ニ於テ之ヲ申込ムコトヲ得
It may be declared:--
第一　船舶カ沈沒シ破碎シ又ハ踪跡ヲ失ヒ又ハ使用ニ耐ヘサルトキ
i.　When the ship has sunk, or is wrecked, or missing, or has become unserviceable ;
第二　船舶カ掠奪セラレ又ハ國ノ處分ニ因リテ抑留セラレタルトキ
ii.　When the ship is captured, or detained by a measure of State ;
第三　喪失又ハ毀損カ價額ノ四分三ヲ超エタルトキ
iii.　When the loss or damage exceeds three-fourths of the value.
委棄ハ一分ノミ又ハ條件附ニテ之ヲ爲スコトヲ得ス又之ヲ取消スコトヲ得ス
Abandonment can be neither partial nor conditional, and is irrevocable.
第九百六十六條　船舶カ到達港ニ達セス且發航ノ時又ハ其船舶ニ付キ最後ノ通信アリタル時ヨリ一个年ヲ經過シタルトキ又沿岸航海ニ在テハ六个月ヲ經過シタルトキハ其船舶ハ踪跡ヲ失ヒタルモノト看做ス
966.　A ship is to be considered as missing if she has not arrived at the port of her destination, and one year or, in the case of the coasting trade, six months have elapsed since she sailed, or since news was last received of her.
有期ノ保險ノ場合ニ在テハ前項ノ期間滿了後ハ其船舶ハ保險期間ニ喪失シタルモノト推定ス
On the expiration of the above-mentioned periods, a ship, in the case of an insurance for a specified time, is presumed to have been lost within the term of insurance.
第九百六十七條　坐礁、膠沙ニ罹リタル船舶ハ之ヲ引卸シ修繕ヲ加ヘテ到達港マテ航海ヲ繼續セシムルコトヲ得ヘキトキ保險者カ此カ爲メニ必要ナル費用ノ前貸ヲ爲スニ於テハ使用ニ耐ヘサルモノトシテ委棄スルコトヲ得ス然レトモ被保險者ハ此場合ニ於テハ坐礁、膠沙ノ爲メニ生シタル費用及ヒ海損ノ爲メノ請求權ヲ保有ス
967.　A stranded ship cannot be abandoned as unserviceable if she can be got off, repaired, and placed in a condition to continue the voyage as far as the port of her destination, and the insurer advances the money necessary for the purpose. The insured, however, in such case preserves his claim for the expenses and average occasioned by her stranding.
第九百六十八條　使用ニ耐ヘサル船舶ノ積荷ハ船長カ他ノ船舶ヲ以テ之ヲ到達港ニ送達スル能ハサルトキニ限リ委棄スルコトヲ得若シ船長カ其積荷ヲ送達スルコトヲ得タルトキハ保險者ハ總テノ海損及ヒ運送賃ノ增額ト積荷ノ救助、積換、倉入其他ノ事由ニ因リテ生シタル總テノ費用トヲ負擔ス
968.　The cargo of a ship which has become unserviceable can only be abandoned if the master is unable to procure another ship for the purpose of transporting such cargo to its port of destination. In the event, however, of the master being able to do this, the insurer bears all average losses, the additional cost of freight, and all expenses of saving, transhipping and storing the cargo, and expenses otherwise occasioned.
第九百六十九條　被保險者ハ災害ノ通知ヲ得タル後又ハ第九百六十六條ニ定メタル期間ノ滿了後三日內ニ委棄ノ理由タル事實ヲ保險者ニ通知シ且六个月內ニ其委棄ヲ申込ム義務アリ
969.　The insured is bound to give notice to the insurer of the event entitling him to abandonment within three days of its coming to his knowledge, or of the expiration of the periods in Article 966 specified, and to declare himself within six months with regard thereto.
前項ノ期間ヲ怠リタルトキハ被保險者ハ保險契約ヨリ生スル通常ノ請求權ノミヲ主張スルコトヲ得
If such period has not been observed the insured is only entitled to enforce the ordinary claims arising out of the contract of insurance.
第九百七十條　保險者ハ別段ノ契約アルニ非サレハ委棄ノ申込ヲ受ケタル後三个月內ニ被保險額ヲ拂渡スコトヲ要ス然レトモ委棄ノ辯明ニ供スル證書ノ交付ヲ受ケス且總テ委棄シタル物ニ係ル他ノ保險、冒險貸借、登記ヲ經タル債權其他ノ債權ノ通知ヲ受ケサル以前ニ拂渡ヲ爲スコトヲ要セス
970.　The insurer is bound, in default of any other contract, to make payment of • the sum insured within three months of the declaration of abandonment, but not before the documents serving to justify the same have been furnished to him, and he has been notified of all other insurance, and of bottomry, or other rights of claim whether registered or not attaching to the object abandoned.
右ニ揭ケタル證書ノ旨趣ニ對シテハ反對證據ヲ擧クルコトヲ得
Counter evidence may be adduced against the contents of the said documents.
第九百七十一條　被保險者ハ詐欺ノ委棄申込ヲ爲シタルトキハ其保險上ノ權利ヲ失ヒ且委棄シタル物ニ係ル債權ヲ自ラ支拂フコトヲ要ス
971.　A fraudulent declaration of abandonment deprives the insured of his rights arising out of the insurance, and he must himself pay the claims attaching to the object abandoned.
第九百七十二條　委棄シタル物ニ付テノ被保險者ノ權利ハ其委棄ノ承諾又ハ有効ナリトノ判決ニ依リテ保險者ニ移ル
972.　Abandonment when accepted or declared valid by judgment transfers to the insurer the rights of the insured with regard to the object abandoned.
船舶ノ委棄ニハ救助セラレタル運送貨物ノ運送賃全額ヲ包含ス但其運送賃ノ負擔スル總テノ義務ハ之ヲ扣除ス
In the abandonment of the ship the full amount of freight of the goods saved, after deduction of every obligation for which the freight is liable, is comprised.
第九百七十三條　被保險者ハ委棄申込ノ後ト雖モ被保險物ヲ救助シ又ハ取戾ス爲メ及ヒ一層大ナル損害ヲ避クル爲メ成ル可ク注意ヲ爲ス義務アリ又右ノ目的ノ爲メ支出シタル費用ハ救助セラレタル物ノ價額ニ至ルマテ保險者之ヲ負擔スルコトヲ要ス
973.　The insured is bound, even after declaration of abandonment, to exercise all possible care in the saving or recovery of the things insured and for the prevention of further loss, and the insurer must bear the expenses incurred for such purpose to the extent of the value of the things saved.
第九百七十四條　掠奪セラレ又ハ國ノ處分ニ因リテ抑留セラレタル場合ニ在テハ被保險者ハ此事實ヲ保險者ニ通知シタル後六个月內ニ判決又ハ沒收ノ言渡ナキトキハ始メテ委棄ヲ申込ムコトヲ得掠奪ノ場合ニ在テハ被保險者ハ已ムヲ得サルトキニ限リ豫メ通知ヲ爲サス且保險者ノ委任ナシト雖モ贖戾ヲ爲スコトヲ得然レトモ保險者ハ其贖戾ヲ自己ノ計算ニテ引受クルト否トヲ選擇スル權利ヲ有ス
974.　In the case of capture or of detention by a measure of State, abandonment, unless condemnation or confiscation has earlier ensued, cannot be declared until after six months have elapsed from the communication of such event to the insurer. The insured, in the case of capture, may effect ransom, if necessary, without previous communication of the event, and without the instructions of the insurer ; the insurer, however, has the option of taking over the same on his own account or not.
第九百七十五條　一旦申込ミタル委棄ノ効力ハ後日ニ至リ船舶ノ救助又ハ歸航ニ因リテ變スルコト無シ
975.　The effect on both parties of an abandonment once declared is not altered by the subsequent saving or return of the ship.
第九章　時効
CHAPTER IX. PRESCRIPTION.
第九百七十六條　船舶債權者ノ債權及ヒ冒險貸借、海損竝ニ救助ニ因リテ生シタル債權ハ船舶所有者、船長又ハ海員ノ一身ニ對スル請求權ナルトキト雖モ之ヲ主張スルコトヲ得ル日ヨリ起算シ一个年ヲ以テ時効ニ罹ル
976.　All rights of claim of ship's creditors and rights of claim arising in respect of bottomry, average, and saving, even if in the form of personal claims against the shipowner, master, or members of the crew, are prescribed at the expiration of one year from the day on which they became enforceable.
委棄ニ付テノ訴權ハ第九百六十九條ニ揭ケタル申込期間後一个月ノ滿了ヲ以テ消滅ス
Actions in respect of abandonment are prescribed after one month from the expiration of the period within which, in accordance with Article 969, abandonment can be declared.
第九百七十七條　喪失又ハ毀損ニ付キ船長及ヒ保險者ニ對スル請求權ハ留保ナク運送貨物ヲ受取リテ其運送賃ヲ支拂ヒタル時消滅ス又海損又ハ救助ニ因リテ生シタル債權ハ留保ナク運送貨物ヲ引渡シテ其運送賃ヲ受取リタル時消滅ス
977.　Acceptance of the goods conveyed and payment of the freight without reservation operates to extinguish every claim against the master and the insurer in respect of loss or damage ; every right of claim arising out of average or saving is in like manner extinguished on delivery of the goods being made and the freight therefor received without reservation.
有効ニ留保ヲ爲スニハ運送貨物ヲ受取リ又ハ引渡シタル後二十四時內ニ之ヲ爲スコトヲ要ス
Reservations to be valid must be made within twenty four hours after the acceptance or the delivery of the goods.
第三編　破產
BOOK III. BANKRUPTCY.
第一章　破產宣吿
CHAPTER I. ADJUDICATION OF BANKRUPTCY.
第九百七十八條　商ヲ爲スニ當リ支拂ヲ停止スル者ハ自己若クハ債權者ノ申立ニ因リ又ハ職權ニ依リ裁判所ノ決定ヲ以テ破產者トシテ宣吿セラル但此決定ニ對シテハ卽時抗吿ヲ爲スコトヲ得
978.　Every person who in the course of trading suspends payment is adjudged bankrupt by the Court by a rule either on his own application, or on that of one or more of his creditors, or of its own motion. Against such rule immediate complaint may be raised.
前項ノ決定ハ口頭辯論ヲ要セスシテ之ヲ爲スコトヲ得
Such rule may be made without prior oral proceedings.
第九百七十九條　支拂停止ハ其停止ヲ爲シタル本人ヨリ又商事會社ニ在テハ業務擔當ノ任アル社員又ハ取締役又ハ淸算人ヨリ支拂停止ノ日ヲ算入シテ五日內ニ其營業所又ハ住所ノ裁判所ニ書面ヲ以テ又ハ口述ヲ調書ニ筆記セシメテ之ヲ屆出ツ可シ此屆出ニハ支拂停止ノ事由ヲ明示シ及ヒ貸借對照表竝ニ商業帳簿ヲ添フルコトヲ要ス
979.　The person trading who suspends payment or, in the case of a commercial partnership or company, the managing partners, directors or liquidators are within five days of the suspension, inclusive of the day on which it took place, to notify such suspension with a statement of the causes therefor to the Court of the place of the seat of business or domicile in writing or for entry in a protocol. Delivery of a balance-sheet and of the trade books must accompany such notification.
貸借對照表ニハ左ノ諸件ヲ包含ス
The balance-sheet is to contain :--
第一　總テノ動產、不動產其他債權ノ列擧及ヒ價額
i.　The enumeration and valuation of the entire property including movables, immovables, and rights of claim ;
第二　總テノ債務
ii.　A statement of all the debts ;
第三　利益及ヒ損失ノ槪要
iii.　A summary of profits and losses ;
第四　每月ノ一身上ノ費用及ヒ家事費用ノ支出額
iv.　A statement of each month's personal and household expenses.
第九百八十條　破產決定書ニハ左ノ諸件ヲ包含ス
980.　The adjudication rule is to contain:--
第一　支拂停止ノ時期
i.　The date of suspension of payment ;
第二　破產主任官及ヒ一人又ハ二人以上ノ破產管財人ノ選定
ii.　The appointment of the bankruptcy commissioner and of one or more bankruptcy administrators ;
第三　破產財團ノ保全ニ必要ナル處分ニ付テノ命令
iii.　An order as to the measures necessary for securing the bankruptcy estate ;
第四　破產者ノ債務者又ハ財團ニ屬スル物ノ占有者ニ對スル拂渡差押ノ命令
iv.　An order of general attachment against the debtors of the bankrupt or those in possession of things appertaining to the bankruptey estate ;
第五　破產者ノ總債權者ニ對シ其請求權ヲ短クトモ三个月長クトモ六个月ノ期間ニ破產主任官ニ屆出ツ可キ旨ノ催吿
v.　A summons to all the creditors of the bankrupt to give notice of their claims to the bankruptcy commissioner within a period of not less than three nor more than six months ;
第六　調査會ノ期日及ヒ債權者集會ノ期日ノ指定
vi.　The fixing of a date for the hearing for examination of claims and of a date for the meeting of creditors.
破產決定書ハ之ヲ檢事ニ送致ス可シ
The adjudication rule is to be communicated to the Public Procurator.
第九百八十一條　破產宣吿ハ卽時ニ裁判所ノ揭示場竝ニ破產者ノ營業場ニ貼附シ及ヒ其地ノ新聞紙ニ載セテ之ヲ公吿スルコトヲ要ス其宣吿ハ假執行ヲ爲スコトヲ得
981.　The adjudication must be forthwith published in a local paper, as well as by posting it up on the notice-board of the Court and on the business premises of the bankrupt, and it is provisionally executory.
第九百八十二條　破產者ノ財產ヲ以テ破產手續ノ費用ヲ償フニ足ラサルトキハ前條ノ手續ヲ除ク外其後ノ手續ヲ停止ス其手續ノ停止ハ之ヲ公吿スルコトヲ要ス
982.　In the event of the bankrupt's property being insufficient to cover the costs of the bankruptcy proceedings, all proceedings which should follow those in the preceding Article mentioned are to be suspended, and such suspension must be published.
然レトモ破產手續ノ費用ヲ償フニ足ル破產者ノ財產アルコトヲ證明スルトキハ申立ニ因リ又ハ職權ヲ以テ卽時其手續ヲ再施ス
The bankruptcy proceedings can, however, be resumed on application or by the Court of its own motion so soon as it has been shown that the bankrupt has property sufficient to cover the costs of the proceedings.
破產手續ノ停止ハ其繼續スル間ハ第千四十九條ニ揭ケタル効力ヲ有ス
Suspension of the bankruptcy proceedings has, while it lasts, the effect in Article 1049 specified.
第九百八十三條　破產主任官ハ總テノ破產手續ヲ指揮シ及ヒ監督スルコトヲ要ス其命令ハ假執行ヲ爲スコトヲ得然レトモ此命令ニ對シテハ破產裁判所ニ卽時抗吿ヲ爲スコトヲ得
983.　The bankruptcy commissioner must direct and control the entire bankruptcy proceedings. His orders are provisionally executory ; immediate complaint may, however, be raised against the same in the Court of the bankruptcy.
第九百八十四條　檢事ハ職權ヲ以テ破產者ノ罰セラル可キ所爲ノ有無ヲ搜査シ且此カ爲メ取引帳簿其他ノ書類ノ展閱ヲ求ムルコトヲ得
984.　The Public Procurator is entitled of his own motion to prosecute inquiries as to whether the bankrupt has committed punishable acts, and can for such purpose demand inspection of the books of his business and other papers.
第二章　破產ノ効力
CHAPTER II. EFFECTS OF BANKRUPTCY.
第九百八十五條　破產宣吿ニ依リ破產者ハ破產手續ノ繼續中自己ノ財產ヲ占有シ管理シ及ヒ處分スル權利ヲ失フ
985.　The adjudication of bankruptcy operates- to deprive the bankrupt, during the continuance of the bankruptcy proceedings, of the possession of his property, and of his right of administration and disposition thereof.
破產宣吿ノ日ヨリ以後ハ破產者ノ爲シタル支拂其他總テノ權利行爲及ヒ破產者ニ爲シタル支拂ハ當然無効トス
From the date of the adjudication all payments and other acts otherwise legal of the bankrupt and all payments made to him are, as of course, null and void.
破產者ノ動產、不動產ニ關スル訴及ヒ執行ハ特リ管財人ヨリ又ハ管財人ニ對シテ之ヲ起シ又ハ繼續スルコトヲ得
Actions and executions in respect of his property, whether movable or immovable, can only be instituted and proceeded with by and against the bankruptcy administrator or administrators.
第九百八十六條　破產者ノ營業ノ用ニ供スル動產ニ對シテ不動產貸賃ノ爲メニスル强制執行ハ三十日間之ヲ猶豫ス但賃貸人カ其賃貸物ヲ取戾ス權利ヲ有スルトキハ此限ニ在ラス
986.　Execution for the satisfaction of rent against movable property of the bankrupt which serves for the exercise of his business is postponed for thirty days, unless the lessor is entitled to take back the immovable leased.
第九百八十七條　各箇債權者ハ優先權ノ存スルニ非サレハ破產處分中破產者ノ財產ニ對シテ强制執行ヲ爲スコトヲ得ス
987.　In the absence of any right of preference, no execution in favour of individual creditors can be effected against the property of the bankrupt during the course of the bankruptcy proceedings.
第九百八十八條　辨濟期限ノ未タ至ラサル破產者ノ債務ハ破產宣吿ニ依リテ辨濟期限ニ至リタルモノトス
988.　By virtue of the adjudication, debts of the bankrupt not yet due become due.
爲替手形ノ引受人又ハ引受ナキ爲替手形ノ振出人又ハ約束手形ノ振出人カ破產宣吿ヲ受ケタルトキハ其償還義務ニ付テモ前項ノ規定ヲ適用ス
The preceding provision applies with regard to liability to recourse where the acceptor of a bill of exchange, or the drawer of a non-accepted bill, or the maker of a promissory note is adjudged bankrupt.
第九百八十九條　財團ニ對シテハ破產宣吿ノ日ヨリ利息ヲ生スルコトヲ止ム但抵當權、質權其他ノ優先權ヲ以テ擔保セラレタル債權ハ其擔保物ノ賣拂代金ニ滿ツルマテヲ限トシテ利息ヲ生スルコトヲ得
989.　From the date of adjudication interest ceases to run against the bankruptcy estate, excepting on rights of claim guaranteed by mortgage, pledge, or other right of preference, and in so far as the proceeds of the things given for guaranty allow.
第九百九十條　支拂停止後又ハ支拂停止前十日內ニ破產者カ其財產中ヨリ無償ノ利益ヲ或人ニ與フル權利行爲殊ニ贈與、無償ニテ若クハ不相當ノ報償ヲ以テ義務ヲ負擔スル契約、期限ニ至ラサル債務ノ支拂、期限ニ至リタル債務ノ變體支拂及ヒ從來負擔シタル債務ノ爲メ新ニ供スル擔保ハ財團ニ對シテハ當然無効トス
990.　Every act otherwise legal of the bankrupt subsequent to suspension of payment or within ten days immediately previous thereto, by which he procures out of his property a gratuitous advantage for another is, as of course, null and void as against the estate ; such are, in particular, donations, burdensome contracts incurring obligations gratuitously or with disproportionate consideration, payment of debts not due and the irregular payment of debts due, as well as the giving of guaranties for obligations previously incurred.
第九百九十一條　前條ニ揭ケタルモノノ外債務者カ支拂停止後破產宣吿前ニ財團ノ損害ニ於テ爲シタル總テノ支拂及ヒ權利行爲ハ相手方カ支拂停止ヲ知リタルトキニ限リ財團ノ計算ノ爲メ之ニ對シテ異議ヲ述フルコトヲ得
991.　All other payments made and all acts otherwise legal done by the debtor to the prejudice of the estate subsequent to his suspension of payment and prior to the adjudication of bankruptcy may be contested on behalf of the estate, if the other party had knowledge of the suspension.
然レトモ手形ヲ支拂ヒタル場合ニ於テハ爲替手形ヲ振出シ又ハ振出サシムル際支拂停止ヲ知リタル振出人又ハ振出委託人ヨリ又約束手形ニ在テハ裏書讓渡ノ際支拂停止ヲ知リタル第一ノ裏書讓渡人ヨリ其支拂金額ヲ償還スルコトヲ要ス
In the case, however, of payment of bills of exchange the sum paid must be reimbursed by the drawer or by the person for whose account the drawer issued the bill, if they had knowledge of the suspension at the time when the bill was drawn and, in the case of promissory notes, by the first indorser if he had such knowledge at the time of indorsement.
第九百九十二條　有効ニ取得シタル抵當權其他合式ノ登記ニ因リテ法律上効力ヲ有ス可キ權利ハ支拂停止後ニ在テハ其取得ノ時ヨリ十五日ヲ過キサルトキニ限リ破產宣吿ノ日マテ登記ヲ爲スコトヲ得
992.　Mortgages validly acquired, and other rights which obtain validity by formal registration, may be registered after suspension of payment up to the day of the bankruptcy adjudication, provided that not more than fifteen days have elapsed between the date of acquisition and the date of registration.
第九百九十三條　破產宣吿ノ時ニ破產者及ヒ其相手方ノ未タ履行セス又ハ履行ヲ終ラサル雙務契約ハ孰レノ方ヨリモ無賠償ニテ其解約ヲ申入ルルコトヲ得
993.　With respect to bilateral contracts which at the time of the adjudication of bankruptcy have not been performed in whole or in part by either the bankrupt or by the other party, either party can on giving notice cancel the same without indemnification.
賃貸借契約又ハ雇傭契約ニ在テハ解約申入ノ期間ニ付キ協議調ハサルトキハ法律上又ハ慣習上ノ豫吿期間ヲ遵守ス可シ
In the case, however, of contracts of lease or hiring or of hiring out of services, the legal or customary term of notice is, in the absence of agreement, to be observed.
第九百九十四條　契約者ノ一方ノ義務不履行ノ爲メ他ノ一方ニ於テ契約ヲ解除スル權利又ハ既ニ給付シタル物ヲ取戾ス權利ハ財團ニ對シテ之ヲ行フコトヲ得ス
994.　The right of one of the contracting parties to cancel the contract or to reclaim any thing on his part already given in performance, on the ground of non-performance by the other party, cannot be enforced as against the estate.
第九百九十五條　相殺ノ權利アル債權者ハ期限ニ至ラサル債權又ハ金額未定ノ債權ト雖モ財團ニ對シテ其効用ヲ致サシムルコトヲ得
995.　A creditor who is entitled to a right of set-off can enforce the same against the estate, even for rights of claim not yet due or the amount of which is not yet determined.
債權カ支拂停止後ニ生シ又ハ取得シタルモノナルトキハ支拂停止ヲ知リタル場合ニ限リ相殺ヲ許サス
Set-off is, however, not admissible where such rights of claim arose or were acquired subsequently to the suspension of payment unless the creditor or debtor had no knowledge thereof.
第九百九十六條　債務者カ債權者ニ損害ヲ加フル目的ヲ以テ爲シタル權利行爲ハ相手方カ情ヲ知リタルトキニ限リ其日附ノ如何ヲ問ハス之ニ對シテ異議ヲ述フルコトヲ得
996.　Any acts otherwise legal done by the debtor with intent to prejudice his creditors can be contested without regard to their date, if the other party knew of such intention.
第三章　別除權
CHAPTER III. RIGHT OF SEPARATION.
第九百九十七條　債務者ノ動產又ハ不動產ニ對シテ抵當權、質權其他ノ優先權ヲ有スル債權者ハ財團ヨリ先ツ辨償ヲ受ケタルニ非サレハ其擔保物ノ賣拂代金ヨリ費用、利息及ヒ元金ノ支拂ヲ受クル爲メ別除ノ辨償ヲ請求スルコトヲ得若シ其賣拂代金ノ剩餘アルトキハ買主之ヲ財團ニ拂込ム可シ
997.　Creditors having a mortgage, pledge right, or other right of preference over immovables or movables of the debtor are entitled, unless previously satisfied out of the assets, to demand separate satisfaction of their claims, including costs, interest, and principal, out of the proceeds of the thing serving as their guaranty. The surplus proceeds are to be handed over by the purchaser to the estate.
第九百九十八條　優先權及ヒ其順序ハ民法及ヒ特別ノ法律ニ依リテ定マル
998.　The various kinds and the ranking of rights of preference are determined by the Civil Code and by special laws.
第九百九十九條　優先權ヲ有スル者其擔保物ノ賣拂代金ヨリ完全ナル辨償ヲ受ケサルトキハ其未濟ノ債權ハ他ノ債權者ト平等ナル割合ヲ以テ財團ニ對シテ之ヲ主張スルコトヲ得
999.　Where persons entitled to preference are not fully satisfied by the proceeds of the things given for guaranty, they can enforce their rights of claim for the unsatisfied balances against the estate equally with other creditors.
第千條　債務者カ其支拂停止後ニ遺產ヲ取得シタルトキハ遺產債權者及ヒ受遺者ハ遺產トシテ仍ホ現存スル遺產物ヨリ又ハ未タ債務者ニ支拂ハレサル遺產ニ屬スル金錢ヨリ別除ノ辨償ヲ請求スルコトヲ得
1000.　Where subsequently to suspending payment the debtor acquires an inheritance, the creditors of the deceased's estate and the legatees may claim separate satisfaction out of such portions of the deceased's estate as still exist as such, or out of the proceeds thereof not yet paid to the debtor.
第千一條　破產者ノ財產ニシテ民事訴訟法ニ從ヒ强制執行ノ爲メ差押フルコトヲ得サルモノハ之ヲ財團ニ加フルコトヲ得ス但債權者ニ優先權ノ屬スルモノニ付テハ第九百九十七條ノ規定ニ從フ
1001.　Those effects of the bankrupt which in pursuance of the Code of Civil Procedure cannot be seized in execution cannot be appropriated to the assets. As for effects in respect of which the creditors have a right of preference, the provisions of Article 997 are to be observed.
第四章　保全處分
CHAPTER IV. PRECAUTIONARY MEASURES.
第千二條　裁判所ハ破產宣吿ト同時ニ債務者ノ動產ノ封印及ヒ債務者ノ卽時勾留若クハ監守ヲ命ス
1002.　Together with the adjudication of bankruptcy the Court shall order seals to be placed upon the movable property of the bankrupt, and his immediate detention or official surveillance.
右處分ハ破產宣吿前ト雖モ若シ債務者カ逃走シ若クハ逃走セントシ又ハ其財產ヲ隱匿スルトキハ其地警察官廳ニ於テ債權者ノ申立ニ因リテ之ヲ爲スコトヲ得
The above measures may be ordered prior to the bankruptcy adjudication by the local police authority on the application of one or more of the creditors, if the debtor has absconded, or is about to abscond, or if he secretes any portion of his property.
商事會社ニ在テハ連帶無限ノ責任ヲ負ヘル總社員ノ身體及ヒ財產ニ對シテ右ノ處分ヲ行フ
In the case of commercial partnerships or companies the persons and property of all members whose liability is joint and several and unlimited are subject to these measures.
第千三條　債務者カ第九百七十九條ノ規定ヲ踐行シ且別ニ勾留又ハ監守ヲ受ク可キ事由ナキトキハ其勾留又ハ監守ヲ實施セサルコトヲ得然レトモ後日職權ヲ以テ之ヲ實施スルコトヲ妨ケス
1003.　If the debtor has complied with the provisions laid down in Article 979 and there is otherwise no ground for his detention or surveillance, the same may be omitted ; the Court can, however, later on at any time, and of its own motion order the same.
債務者ハ裁判所ノ許可ヲ受クルニ非サレハ其住地ヲ離ルルコトヲ得ス又裁判所ハ何時ニテモ債務者ノ引致ヲ命スルコトヲ得
The debtor may not quit the place of his residence without the permission of the Court ; and the Court has power at any time to order the compulsory production of the debtor.
第千四條　勾留若クハ監守ノ事由最早存セサルトキハ裁判所ハ其決定ヲ以テ債務者ヲ釋放ス可シ然レトモ債務者ヲシテ裁判所又ハ管財人ノ呼出ニ應シ何時ニテモ出頭ス可キ爲メノ擔保ヲ供スル義務ヲ負ハシムルコトヲ得
1004.　Release of the debtor is effected by a rule of the Court, if no grounds for detaining him or keeping him under surveillance any longer exist ; he may, however, be required to provide guaranty for his forthwith presenting himself to the Court or to the administrator whensoever required.
取上ケタル擔保ハ之ヲ財團ニ歸セシム
Guaranty that is forfeited goes to the assets.
第千五條　管財人カ債務者ノ財產ヲ財產目錄ニ載セ且之ヲ占有シタルトキハ直チニ其封印ヲ解ク可シ
1005.　The seals are removed as soon as the administrator has drawn up an inventory of the debtor's property and has taken possession thereof.
第千一條ニ依リ財團ニ加フルコトヲ得サル物及ヒ財團ノ爲メニスル卽時ノ換價又ハ繼續利用ヲ封印ノ爲メ妨ケラルル物ニハ封印ヲ爲ササルコトヲ得此等ノ物ハ直チニ財產目錄ニ載セ管財人之ヲ占有スルコトヲ要ス
Seals need not be affixed to the articles specified in Article 1001, nor to things which would thereby be hindered from being forthwith converted into money or continuously used for the benefit of the estate ; an inventory of these must be at once made and possession thereof at once taken by the administrator.
債務者ノ商業帳簿ハ卽時之ヲ管財人ニ交付シ且其帳簿ノ現狀ハ破產主任官之ヲ認證ス
The debtor's trade books are to be forthwith handed over to the administrator, and their actual state is to be certified by the bankruptcy commissioner.
特ニ高價ナル物ハ卽時之ヲ管財人ニ交付シ又ハ一時之ヲ裁判所ニ引取ルコトヲ得
Articles of special value may be immediately delivered to the administrator or provisionally deposited with the Court.
第千六條　破產者ニ對シテ債務ヲ負ヒ又ハ財團ニ屬スル物ヲ占有スル者ハ其支拂又ハ交付ヲ管財人ニノミ爲ス可キコトヲ拂渡差押ノ命令ヲ以テ催吿セラレタルモノトス
1006.　By the order of general attachment all persons indebted to the bankrupt, or having in their possession any thing appertaining to the estate, are summoned to make payment or delivery respectively to the administrator and to him alone.
別除權ヲ行ハント欲スル者ハ其旨ヲ管財人ニ申出ツ可シ若シ管助人ヨリ其物ノ評價ヲ爲サンコトヲ求ムルトキハ之ヲ承諾スルコトヲ要ス
Persons desiring to exercise a right of separation to any thing are required to notify the administrator thereof and, on his demand, to permit of the thing being valued.
債務者ニ宛テタル電信、書狀其他ノ送達物ハ之ヲ管財人ニ交付ス可シ其管財人ハ開封ノ權ヲ有ス然レトモ其旨趣カ財團ニ關係ナキトキハ管財人ヨリ債務者ニ引渡スコトヲ要ス
Telegrams, letters, and other things sent intended for the debtor are to be delivered to the administrator, who is empowered to open them ; they must, however, be handed over by him to the debtor, if their contents do not concern the estate.
破產裁判所ハ此カ爲メ郵便局、電信局其他ノ運送取扱所ニ必要ナル命令ヲ發ス可シ
For the above purpose the bankruptcy Court issues the requisite directions to Post Offices, Telegraph Offices and other forwarding institutions.
第千七條　破產主任官ハ破產者及ヒ其家族ニ財團ヨリ給養ノ扶助料ヲ與フルコトヲ得
1007.　The bankruptcy commissioner may grant the bankrupt an allowance out of the estate for the maintenance of himself and his family.
第五章　財團ノ管理及ヒ換價
CHAPTER V. ADMINISTRATION AND REALIZATION OF THE BANKRUPTCY ESTATE.
第千八條　各裁判所管轄區ニハ職務上義務ヲ負フ可キ破產管財人ノ名簿ヲ備置キ破產裁判所ハ各箇ノ場合ニ於テ其名簿中ヨリ管財人ヲ選定ス
1008.　Each bankruptcy Court keeps for its district a list of administrators who are by virtue of office bound to act, and from whose number the bankruptcy administrators are in each individual case to be appointed.
第千九條　管財人ノ勤勞ニ對スル報酬ハ財團ヨリ第一ニ之ヲ支拂ヒ其額ハ破產裁判所之ヲ定ム
1009.　The remuneration of the administrators for their services is a first charge on the assets and the amount thereof is fixed by the Court.
第千十條　裁判所ハ何時ニテモ管財人ヲ易ヘ又ハ他ノ管財人ヲ加フルコトヲ得
1010.　The Court can at any time replace one administrator by another or appoint others to act with those already appointed.
第千十一條　管財人ハ其行爲ニ付テハ代理人ト同一ノ責任ヲ負フ若シ管財人二人以上アルトキハ共同ニ非サレハ行爲ヲ爲スコトヲ得ス但破產主任官カ或ル行爲ニ付キ各箇ニ特別ノ委任ヲ與ヘタルトキハ此限ニ在ラス
1011.　Every administrator is responsible for his acts in the same degree as an agent. Where two or more administrators are appointed, they can only act together, excepting in so far as the bankruptcy commissioner confers special instructions on individual administrators for the purposes of particular acts of administration.
第千十二條　管財人ハ破產宣吿後卽時ニ財團ヲ占有シ且其管理及ヒ換價ニ著手スルコトヲ要ス
1012.　Immediately after the adjudication of bankruptcy, the administrator must take possession of the bankruptcy estate and proceed to the administration and realization thereof.
管財人ハ其執務ノ爲メ破產者ノ補助ヲ求ムルコトヲ得破產主任官ハ此カ爲メ破產者ニ報酬ヲ與フルコトヲ得
For the performance of his duties he may require the assistance of the bankrupt, and in consideration thereof the commissioner may grant the latter a remuneration.
第千十三條　管財人ハ破產主任官ノ監督ヲ受ケ且其指揮ニ從フ義務アリ若シ管財人ノ行爲又ハ決斷ニ對シテ異議ヲ述フル者アルトキハ破產主任官命令ヲ以テ之ヲ決ス此命令ニ對シテハ破產裁判所ニ卽時抗吿ヲ爲スコトヲ得
1013.　The administrator is subject to the control of the commissioner and is bound to follow his directions. If objections are raised against any act or determination of the administrator, the commissioner decides by an order with respect thereto. Immediate complaint may be raised in the bankruptcy Court against such order.
第千十四條　財產目錄ハ裁判所職員又ハ其地警察官吏ノ立會ヲ以テ管財人之ヲ作リ若シ必要アルトキハ破產者ヲモ立會ハシム
1014.　The inventory is drawn up by the administrator in the presence of an officer of the Court or of a local police official and, where necessary, in the presence of the bankrupt.
破產者ニ屬スル總テノ財產ハ財團ニ組入ル可カラサルモノト雖モ其價額ヲ明示シテ之ヲ財產目錄ニ記入スルコトヲ要ス必要ナル場合ニ在テハ其價額ハ鑑定人ヲシテ之ヲ鑑定セシム
Entry must be made in such inventory of every thing forming part of the bankrupt's property, including therein such effects as are not available for the assets, together with an express statement of their value, which is, if necessary, to be ascertained by experts.
財產目錄及ヒ之ニ關スル調書ノ認證アル謄本ハ公衆ノ展閱ニ供スル爲メ裁判所ニ之ヲ備フ
A certified copy of the inventory and of the protocol drawn up concerning the same is to be kept at the Court for public inspection.
檢事ハ其見込ニ因リ職權ヲ以テ財產目錄ノ作成ニ立會フコトヲ得
It is open to the Public Procurator to be present if he sees fit at the drawing up of the inventory.
第千十五條　破產者ニ屬セサル財產ヲ財團ヨリ取戾スコトニ係ル爭訟ハ破產裁判所之ヲ裁判シ不動產ニ付テハ其所在地ヲ管轄スル裁判所之ヲ裁判ス
1015.　Disputes concerning the reclamation of property not belonging to the debtor out of the assets are decided by the bankruptcy Court or, in the case of immovables, by the Court within whose jurisdiction the immovable in question is situated.
第千十六條　管財人ハ破產主任官ノ定メタル三十日以內ノ期間ニ破產者ヨリ差出シタル屆書及ヒ貸借對照表ヲ調査シ若シ破產者ヨリ之ヲ差出ササリシトキハ自ラ貸借對照表ヲ作リ且其報吿書ニ貸借對照表ヲ添ヘテ破產主任官ニ提出ス可シ
1016.　The administrator is required within the period appointed by the commissioner, which may not exceed thirty days, to examine the notice and balance-sheet rendered by the bankrupt, or himself to prepare the latter in the event of its not having been rendered by the bankrupt, and to submit his report together with the balance-sheet to the commissioner.
報吿書及ヒ貸借對照表ノ認證アル謄本ハ公衆ノ展閱ニ供スル爲メ裁判所ニ之ヲ備フ
A certified copy of the report and balance-sheet is to be kept at the Court for public inspection.
報吿書及ヒ貸借對照表ハ之ヲ檢事ニ送致スルコトヲ要ス
The report and balance-sheet must be sent to the Public Procurator.
第千十七條　貸方ノ借方ニ超ユルコト判然ナルトキ又ハ協諧契約ノ豫期セラルル間ハ裁判所ハ破產主任官ノ申立ニ因リ且管財人ノ意見ヲ聽キタル後管財人ヲシテ破產者ノ營業ヲ續行セシムル決定ヲ爲スコトヲ得
1017.　Whenever it is evident that the assets exceed the liabilities, or as long as a composition is to be anticipated, the Court, upon the application of the commissioner and after hearing the administrator, may rule that the bankrupt's business shall be carried on by the administrator.
管財人營業ヲ續行スル場合ニ在テ財團ニ屬スル物ヲ通常ノ營業外ニテ賣却セントスルニハ破產主任官ノ認可ヲ受ケ且豫メ破產者ノ意見ヲ聽クコトヲ要ス
The sale of things forming portion of the bankruptcy estate, otherwise than in the ordinary course of business, must in such case only take place with the sanction of the commissioner and after previously hearing the bankrupt.
第千十八條　不動產ハ破產主任官ノ認可ヲ受ケテ之ヲ競賣スルコトヲ要ス
1018.　Immovables must be sold with the sanction of the commissioner and by means of auction.
動產ハ競賣スルヲ通例トスト雖モ破產主任官ノ認可ヲ受クルトキハ相對ヲ以テ之ヲ賣却スルコトヲ得
Movables are, as a rule, to be put up to auction, they may, however, if so sanctioned by the commissioner, be sold privately.
競賣ノ手續ハ總テ民事訴訟法ノ規定ニ依ル
With respect to the auction proceedings, the provisions of the Code of Civil Procedure are to be observed.
第千十九條　管財人ハ財團ニ屬スル破產者ノ貸方ヲ取立テ及ヒ破產者ノ權利ヲ債務者其他ノ人ニ對シテ主張シ且保全スルコトヲ要ス
1019.　The administrator must collect all debts due to the bankrupt which appertain to the estate and must enforce and secure all the rights of the bankrupt as against his debtors or other persons.
管財人ハ左ニ揭クル行爲ニシテ百圓以上ノ額ニ係ルモノニ付テハ破產者ノ意見ヲ聽キ且破產主任官ノ認可ヲ受ク可シ
For the following acts of the administrator, so far as they relate to a subject-matter of the value of at least one hundred yen, the hearing of the bankrupt and the sanction of the commissioner are first necessary:--
第一　訴訟ヲ爲スコト
i.　The carrying on of legal proceedings ;
第二　和解契約又ハ仲裁契約ヲ取結フコト
ii.　The conclusion of compromises or of submission to arbitration ;
第三　質物ヲ受戾スコト
iii.　The redemption of pledges ;
第四　債權ヲ轉付スルコト
iv.　The assignment of rights of claim ;
第五　相續又ハ遺贈ヲ拒絕スルコト
v.　The refusal of succession or legacies ;
第六　消費借ヲ爲スコト
vi.　The contracting of loans for consumption ;
第七　不動產ヲ買入ルルコト
vii.　The purchase of immovables ;
第八　權利ヲ抛棄スルコト
viii.　Renunciations ;
第九　總テ財團ニ新ナル義務ヲ負ハシムルコト
ix.　And generally charging the estate with fresh liabilities.
第千二十條　財團ニ收入スル金錢ハ破產主任官ノ定ム可キ常用支出額ノ外遲延ナク之ヲ供託所ニ寄託スルコトヲ要ス其金錢ハ破產主任官ノ支拂命令ニ依ルニ非サレハ支出スルコトヲ得ス
1020.　Monies flowing to the assets, in so far as they are not required for meeting current expenses to be fixed by the commissioner, must be deposited without delay in a Public Deposit Office, and can only be drawn out by virtue of a payment order of the commissioner.
第千二十一條　管財人ハ其管財中破產者ニ罰セラル可キ行爲アルヲ知リタルトキハ之ヲ破產主任官ニ屆出ツル義務アリ破產主任官其屆出ヲ受ケタルトキハ之ヲ檢事ニ通知ス
1021.　The administrator is bound to notify the commissioner of every punishable act of the bankrupt which may come to his knowledge during his administration ; the commissioner thereupon communicates such notice to the Public Procurator.
第千二十二條　破產主任官ハ破產ノ原由、事情、貸方借方竝ニ其對照表其他管理及ヒ破產手續ニ關スル事項ニ付キ破產者、其商業使用人、雇人其他ノ人ヲ何時ニテモ訊問スルコトヲ得
1022.　The commissioner can at any time examine the bankrupt, his trade assistants, servants and other persons concerning the causes and circumstances of the bankruptcy, concerning the assets and liabilities, and the balance-sheets, as well as with reference to any other matter relating to the administration and to the bankruptcy proceedings.
第六章　債權者
CHAPTER VI. CREDITORS.
第一節　債權ノ屆出及ヒ確定
SECTION I. NOTIFICATION AND ESTABLISHMENT OF RIGHT OF CLAIM.
第千二十三條　破產者ノ總債權者ハ破產決定ノ公吿ニ因リ債權屆出ノ期間ニ其債權ヲ破產主任官ニ屆出ツ可キ旨ノ催吿ヲ受ケタルモノトス其屆出ニハ各債權ノ合法ノ原因及ヒ請求金額若シ優先權アルモノハ其權利ヲ明記シ且證據書類又ハ其謄本ヲ添フ可シ
1023.　All creditors of the bankrupt are deemed to be summoned by the publication of the adjudication rule to notify their rights of claim to the commissioner before expiration of the period for notification. The notification is to contain a statement of the lawful consideration for each right of claim, the amount in money claimed and any rights of preference, and is to be accompanied by the documents of proof, or a copy thereof, annexed.
他所ニ住スル債權者ハ裁判所所在地ニ代人ヲ置ク可シ
Any creditor not resident at the place where the Court has its seat is to appoint representative there.
債權及ヒ代人任置ノ屆出ハ書面ヲ以テ又ハ調書ニ筆記セシメテ之ヲ爲スコトヲ得書面ヲ以テスル場合ニ在テハ二通ヲ差出スコトヲ要ス
The notifying of the right of claim and the appointment of such representative can be effected in writing or by entry in a protocol ; in the former case the writings must be handed in in duplicate.
所在ノ知レタル債權者ハ右ノ外特ニ裁判所ヨリ書面ヲ以テ其債權屆出ノ催吿ヲ受ク然レトモ其書面カ債權者ニ達セサルモ此カ爲メ損害賠償ノ請求ヲ爲スコトヲ得ス
Known creditors are in addition to be summoned by a writing issuing from the Court to notify their rights of claim ; they are, however, precluded from claiming damages in the event of such summons not reaching them.
第千二十四條　屆出ハ之ヲ受取リタルトキ直チニ順次番號ヲ付シテ二箇ノ表ニ記載ス可シ其一ニハ優先權アル債權ヲ揭ケ他ノ一ニハ通常ノ債權ヲ揭ク此債權表ハ公衆ノ展閱ニ供スル爲メ裁判所ニ之ヲ備フ
1024.　The rights of claim notified are to be registered as they arrive under successive numbers in two schedules, of which one contains the rights of claim having the right of preference and the other the ordinary rights of chaim. These schedules are to be kept at the Court for public inspection.
管財人ハ其使用ノ爲メ屆出書及ヒ債權表ノ謄本ヲ受領ス
The administrator receives for his own use copies of the notifications of the rights of claim and of the schedules.
第千二十五條　調査會ハ管財人及ヒ成ル可ク破產者ノ面前ニ於テ破產主任官之ヲ開キ且其調書ヲ作ル可シ債權者ハ自身又ハ代理人ヲ以テ此會ニ參加スルコトヲ得
1025.　The hearing for examination of the claims is to be held by the commissioner in presence of the administrator and, if possible, of the bankrupt, and a protocol of the proceedings is to be kept. The creditors can take part thereat in person or by their agent.
破產主任官ハ債權者ニ取引帳簿若クハ其拔書ノ提出ヲ命スルコトヲ得調査ノ結果ハ債權表及ヒ提出シタル債務證書ニ附記シ且各債權者又ハ其代理人ニ吿知スルコトヲ要ス
The commissioner can order the creditors to produce their business books or extracts therefrom. The result of the examination must be noted down in the schedules and endorsed on the documents of claim produced, and must be made known to each creditor or to his agent.
調査會ハ屆出期間ノ滿了後十日乃至十五日間ニ之ヲ開クヲ通例トス
The hearing for examination is to be held, as a rule, ten to fifteen days after the period for notifying rights of claim has expired.
屆出期間ノ滿了後ニ屆出テタル債權ハ調査會ニ於テ之ヲ調査スルコトヲ得然レトモ其調査ヲ爲スコトニ付キ異議ノ申立アリタルトキ又ハ調査會ノ終リタル後債權ヲ屆出テタルトキハ其債權者ノ費用ヲ以テ新ナル調査會ヲ開ク
The rights of claim notified after the expiration of the period for notification can be examined at the hearing for examination ; in the event, however, of objection thereto, or for the rights of claim notified after the conclusion of such hearing, a new hearing for examination is to be held at the expense of the creditors concerned.
第千二十六條　債權ノ確定ハ承認又ハ裁判所ノ判決ヲ以テ之ヲ爲ス
1026.　Establishment of the rights of claim takes place by admission or by the judgment of the Court.
調査會ニ於テ管財人ヨリモ又債權ノ確定シ若クハ貸借對照表ニ揭ケタル債權者ヨリモ異議ヲ申立テサルトキハ債權ハ承認ヲ得タルモノトス
A right of claim is taken to be admitted if it is neither disputed at the hearing for examination by the administrator, nor by any creditor whose right of claim is established or who is entered on the balance-sheet.
管財人ノ債權ニ係ル承認又ハ異議ハ破產主任官其管財人ニ代ハリテ之ヲ爲ス
The admitting or disputing the rights of claim of the administrator rests with the commissioner in stead of with the administrator.
第千二十七條　異議ヲ受ケタル各債權ハ若シ其債權者之ヲ取消ササルトキハ破產裁判所公廷ニ於テ破產主任官ノ演述ヲ聽キ成ル可ク合併シテ其判決ヲ爲ス可シ其辯論及ヒ判決ハ原吿、被吿ノ出頭セサルトキト雖モ之ヲ爲ス但此判決ニ對シテハ故障ヲ申立ツルコトヲ得ス
1027.　Such disputed rights of claim as are not withdrawn by the creditors concerned are decided by the bankruptcy Court in public hearing, upon the proposition of the commissioner and, as far as possible, in one judgment. The proceedings take place and judgment is pronounced even if the parties should fail to appear, and such judgment is not open to attack by way of protest.
第千二十八條　判決ハ成ル可ク債權者集會前ニ之ヲ爲スコトヲ要ス若シ之ヲ爲スコト能ハス又ハ判決ニ對シテ控訴ヲ爲シタルトキハ裁判所ハ異議ヲ受ケタル債權者ノ右集會ニ加ハルコトヲ許ス可キヤ否ヤ又幾許ノ金額ニ付キ加ハルコトヲ許ス可キヤ否ヤヲ決定ス
1028.　Judgment must be rendered, if possible, before the meeting of creditors takes place. If this cannot be done, or in the event of the judgment being appealed from, the Court decides by rule whether and for what amount the creditor whose right of claim is disputed is to be admitted to the meeting.
債權者ノ優先權ノミカ異議ヲ受ケタルトキハ其債權者ハ通常ノ債權者トシテ右集會ニ加ハルコトヲ得
If it is merely the right of a creditor to preference that is disputed, he is to be admitted to the meeting as an ordinary creditor.
第千二十九條　債權ヲ正當時期ニ屆出テス又ハ債權ノ確定セサル債權者ハ以後ノ確定ニ因リテ爲ス可キ財團ノ配當ニノミ加ハルコトヲ得然レトモ異議ヲ受ケテ訴訟中ニ在ル債權及ヒ屆出竝ニ調査ノ爲メ別段ノ期間ヲ定メラレタル在外國債權者ノ債權ニ付テハ以前ノ配當ニ於テ其債權ニ歸スル割前ヲ留存ス
1029.　Creditors whose rights of claim have not been notified in the proper time or have not been established can only participate in such distributions of the assets as take place in consequence of their later establishment ; nevertheless, in the case of the rights of claim which, through having been disputed, have become the subject of litigation as well as in the case of the rights of claim of creditors abroad, for which special periods for notification and examination have been fixed, the dividends falling to them from earlier distributions are reserved.
第二節　特種ノ債權者
SECTION II. PARTICULAR KINDS OF CREDITORS.
第千三十條　主タル債務者ノ破產ニ於テ屆出テタル債權ハ協諧契約ノ場合ト雖モ保證人其他ノ共同義務者ニ對シ其全額ニ付キ之ヲ主張スルコトヲ得又保證人又ハ共同義務者ハ主タル債務者ノ破產ニ於テ其償還請求ヲ屆出ツルコトヲ得然レトモ主タル債務者ノ爲メニスル協諧契約ノ効果ニ從フ
1030.　A right of claim notified in the bankruptcy of the principal debtor may, even in the event of composition, be enforced in full against sureties or other persons jointly liable with the debtor ; the latter are, however, entitled to notify their claims by way of recourse in the bankruptcy of the principal debtor, but are subject to the operation of the composition in his favour.
第千三十一條　二人以上ノ共同義務者カ破產シタルトキハ其各義務者ノ破產ニ於テ債權ノ全額ヲ屆出ツルコトヲ得
1031.　Where two or more persons jointly liable have become bankrupt, the right of claim may be notified to its full amount in the bankruptcy of each of them.
各自ノ破產財團ノ間ニ於ケル償還請求權ハ之ヲ主張スルコトヲ得ス然レトモ債權者カ受取ル割前ノ額カ主タルモノ及ヒ從タルモノヲ合セタル債權ノ總額ヲ超過スルトキハ其超過額ハ共同義務者中他ノ共同義務者ニ對シテ償還請求權ヲ有スル者ノ財團ニ歸ス
No right of recourse can be enforced between the different bankruptcy estates, unless the sum total of the dividends which the creditor receives exceeds the total amount of both his principal and accessory right of claim, in which case the surplus falls to the assets of the one who has a right of recourse against the others.
第千三十二條　左ニ揭クル債權ハ屆出及ヒ確定ニ關スル規定ニ從フコトヲ要セス
1032.　The following rights of claim are not subject to the provisions respecting the notification and establishment of rights of claim :--
第一　裁判費用、管理費用其他破產手續上ノ費用
i.　The judicial costs, the costs of administration and the other costs of the bankruptcy proceedings ;
第二　公ノ手數料及ヒ諸稅
ii.　Public fees and dues ;
第三　管財人カ財團ノ爲メニ負擔シタル義務ヨリ生スル債權
iii.　The rights of claim arising out of obligations contracted on behalf of the estate by the administrator.
右債權ハ破產主任官ノ指圖ニ從ヒ通常ノ方法ヲ以テ財團ノ現額ヨリ之ヲ支拂フ
The above are paid out of the assets in the ordinary way in accordance with the commissioner's directions.
第千三十三條　破產手續ニ加ハリタルニ因リテ債權者ニ生シタル費用ハ財團ニ對シテ之ヲ請求スルコトヲ得ス
1033.　The costs incurred by the creditors in consequence of their participation in the bankruptcy proceedings cannot be claimed against the estate.
第千三十四條　婦ハ其夫ノ財團ニ對シテハ法律、明約又ハ疑ナキ慣例ニ依リ婦ノ特有ニ歸スル所有權ヨリ生スル債權ノミヲ主張スルコトヲ得
1034.　A wife can only enforce against her husband's estate such rights of claim as she is entitled to in respect of property which is exclusively her own either by law, under express agreement, or by undisputed custom.
第三節　債權者集會
SECTION III. MEETINGS OF CREDITORS.
第千三十五條　債權者集會ハ破產主任官之ヲ招集シ及ヒ之ヲ指揮ス其招集ハ會議ノ事項ヲ明示スル公吿ヲ以テ之ヲ爲ス
1035.　Meetings of creditors are convened by the commissioner and presided over by him. The convening is effected by means of a public notice stating the objects of the meeting.
其集會ハ管財人、債權ノ確定シタル債權者及ヒ第千二十八條ニ依リテ參加スルコトヲ得ヘキ債權者ヨリ成立ス然レトモ優先權ノ確定シタル債權者ハ其優先權ヲ抛棄シタル限度又ハ優先權ヲ行フニ當リ不足アル可シト推定セラルル限度ニ於テノミ參加ス
Those who take part therein consist of the administrator and the creditors whose rights of claim have been established or who are admitted in pursuance of Article 1028 ; those creditors, however, whose right to preference is established can only take part in so far as they renounce the same or in so far as a deficiency in the event of the exercise thereof is to be presumed.
債權者ハ代理人ヲ差出スコトヲ得
The creditors may be represented by agents.
破產者ハ之ヲ集會ニ呼出スコトヲ得
The bankrupt may be cited to the meeting.
第千三十六條　決議ハ出席シタル債權者ノ過半數ヲ以テ爲スヲ通例トス其過半數ハ出席員ノ有スル債權額ノ半ヨリ多キ額ニ當ルコトヲ要ス
1036.　Resolutions are, as a rule, passed by a majority of votes of the creditors present, and such majority of votes must represent more than one half in amount of the rights of claim of such creditors.
第千三十七條　集會ニ於テハ破產主任官ハ破產手續ノ從來ノ成行ニ付テノ報吿ヲ爲シ管財人ハ管財ノ處理、其結果及ヒ財團ノ現況ニ付テノ報吿ヲ爲ス
1037.　At the meeting the commissioner reports upon the course of the proceedings as far as they have gone ; the administrator reports upon the operations and results of the administration and upon the actual condition of the estate.
集會ハ右ノ報吿ニ付テ決議ヲ爲シ若シ破產主任官又ハ管財人ノ意見アリタルトキハ其意見及ヒ債權者ノ爲シタル申立又ハ破產主任官ノ認可ヲ受ケテ破產者ノ爲シタル申立ニ付テ決議ヲ爲ス可シ此等ノ決議ハ裁判所ノ認可ヲ受クルコトヲ要ス
It is for the meeting to decide with regard to such reports and with regard to any proposal of the commissioner or of the administrator, and with regard to any propositions made by the creditors or, with the commissioner's sanction, by the bankrupt. The resolutions must be submitted to the Court for approval.
第七章　協諧契約
CHAPTER VII. COMPOSITION.
第千三十八條　法律上ノ義務ヲ履行シタル破產者ニシテ有罪破產ノ判決ヲ受ケス又其審問中ニ在ラサル者ハ破產主任官ノ認可ヲ受ケ第一ノ集會ニ於テ債權者ニ協諧契約ヲ提供スルコトヲ得又十分ノ理由アルトキハ以後ノ集會ニ於テモ之ヲ提供スルコトヲ得然レトモ其提供ハ一囘ニ限ル
1038.　A bankrupt who has fulfilled the obligations imposed upon him by law, and who has not been convicted of, or against whom proceedings are not pending for, penal bankruptcy, is, with the sanction of the commissioner, entitled at the first meeting and, on sufficient grounds, even at a subsequent meeting, to offer his creditors a composition, but in any case only once.
第一ノ集會ハ普通ノ調査會ヨリ四週日後ニ之ヲ爲ス協諧契約ノ申立書ハ少ナクトモ集會ノ二十日前ニ之ヲ裁判所ニ差出シ裁判所ハ之ヲ公衆ノ展閱ニ供シ且其旨ヲ公吿ス可シ
The first meeting is held four weeks after the general hearing for examination of claims. The proposal for composition is to be presented to the Court for public inspection at least twenty days before the meeting and public notification of the fact of this having been done is to be made by the Court.
第千三十九條　協諧契約ヲ承諾スルニハ出席シタル債權者ノ過半數ノ承諾ヲ要ス其過半數ハ議決權アル總債權額ノ四分三以上ニ當ルコトヲ要ス
1039.　For acceptance of the composition the consent of the majority of creditors present at the meeting and representing at least three-fourths of the total amount of the rights of claim of creditors entitled to vote, is requisite.
管財人及ヒ議決權ヲ有スル債權者又後ニ至リ債權ノ確定シタル債權者ハ協諧契約ニ對シテ十日內ニ理由ヲ附シタル異議ヲ裁判所ニ申立ツルコトヲ得
The administrator and the creditors entitled to vote, and those also whose rights of claim have been subsequently established, can within ten days lodge with the Court an objection to the composition together with the grounds therefor.
第千四十條　債權者ノ承諾シタル協諧契約ハ裁判所ノ認可ヲ得テ始メテ法律上有効トス其認可又ハ棄却ニ付テノ決定ハ破產主任官ノ演述ヲ聽キ前條ノ期間滿了後直チニ之ヲ爲ス此決定ニ對シテハ債務者及ヒ異議申立ノ權利アル者ヨリ卽時抗吿ヲ爲スコトヲ得
1040.　The composition as accepted only becomes valid when sanctioned by the Court. The rule sanctioning or rejecting the same is made by the Court, upon the report of the commissioner, immediately after the expiration of the period fixed in the preceding Article, and may be contested by means of immediate complaint by the debtor and persons entitled to raise objection.
第千四十一條　協諧契約ハ左ノ場合ニ於テハ之ヲ棄却ス可シ
1041.　The composition is to be rejected:--
第一　第千三十八條及ヒ第千三十九條ノ規定ヲ踐行セサルトキ
i.　Where the provisions in Articles 1038 and 1039 contained have not been complied with ;
第二　協諧契約ニ依リ或ル債權者カ其承諾ナクシテ偏頗ノ處置ヲ受ケ損害ヲ被フルトキ
ii.　Where individual creditors are thereby without their consent unequally treated to their prejudice ;
第三　協諧契約カ詐欺其他不正ノ方法ヲ以テ成リタルトキ
iii.　Where it has been brought about by deceit or in any other dishonest manner ;
第四　協諧契約カ公益ニ觸ルルトキ
iv.　Where it is contrary to public interests.
第千四十二條　協諧契約ハ破產者カ後ニ至リ有罪破產ノ判決ヲ受ケタルトキハ當然消滅シ其審問中ハ免訴又ハ無罪ノ宣吿ヲ受クルマテ之ヲ停止ス
1042.　If the debtor is subsequently convicted of penal bankruptcy or is proceeded against therefor, the composition in the first case lapses of itself, and in the second case is suspended until the debtor is released from prosecution or acquitted.
前條第三號ニ揭ケタル理由アルトキハ協諧契約認可ノ後ト雖モ尙ホ之ニ對シテ異議ヲ申立ツルコトヲ得
Objection may also be raised to the composition even after it has been sanctioned by the Court upon the grounds in the preceding Article iii specified.
第千四十三條　協諧契約ノ確定シタルトキハ管財人ハ直チニ其執務ヲ罷メ且其執務ニ付キ計算ヲ爲ス可シ
1043.　As soon as the composition has become legally operative, the administrator is to discontinue his duties and render an account thereof.
破產者ハ協諧契約ニ別段ノ定ナキトキニ限リ任意ノ管理及ヒ處分ノ爲メ其財產ヲ取戾スコトヲ得
The debtor, excepting in so far as the terms of the composition may otherwise determine, may receive back his property under his own free administration and disposition.
協諧契約ノ履行ハ破產主任官ノ監督ヲ以テ之ヲ爲ス
The composition is to be carried out under the supervision of the commissioner.
第千四十四條　協諧契約カ棄却セラレ又ハ後ニ至リ消滅シ若クハ取消サルルトキ又ハ不履行ノ爲メ解除セラルルトキハ破產手續ヲ再施シ直チニ財團ノ換價及ヒ配當ヲ爲シテ終局ニ至ラシム其再施シタル手續ニハ再施マテノ間ニ債權ヲ得タル者モ參加スルコトヲ得
1044.　In the event of the composition being rejected, or of it subsequently lapsing or being annulled, or of it being cancelled on account of non-fulfilment, the bankruptcy proceedings are revived and without further delay brought to a close by realization and distribution of the assets. In the revived proceedings those creditors also are allowed to take part whose rights of claim have arisen in the meantime.
不履行ノ場合ニ在テハ協諧契約ノ爲メ立テタル保證人ハ其義務ヲ免カレス
In the event of non-fulfilment the sureties for the composition are not released from their obligations.
第八章　配當
CHAPTER VIII. DISTRIBUTION.
第千四十五條　第千三十二條ニ揭ケタル債權及ヒ優先權アル債權ヲ支拂ヒタル後ニ殘レル財團ハ他ノ債權者間ニ平等ノ割合ヲ以テ之ヲ配當ス
1045.　The assets remaining after payment of the rights of claim mentioned in Article 1032 and of the rights of claim having the right of preference, are distributed amongst the remaining creditors in equal proportions.
破產者カ資本ヲ分チ數箇ノ營業ヲ爲シタル場合ニ在テハ各營業ニ對スル債權者ハ其營業ニ屬スル財團ヨリ優先權ヲ以テ辨償ヲ受ク
If the bankrupt has carried on two or more businesses with separate capitals, the creditors of each individual business are satisfied in preference out of the assets of the business in question.
第千四十六條　配當ハ普通ノ調査會ノ終リタル後ハ配當ニ足ル可キ財團ノ生スル每ニ管財人ノ調製シテ破產主任官ノ認可ヲ受ケタル配當案ニ依リテ之ヲ爲ス其案ハ破產主任官之ニ署名シ公衆ノ展閱ニ供スル爲メ裁判所ニ備置キ且其旨ヲ公吿ス可シ
1046.　Distribution takes place after the general hearing for examination of claim has been concluded, and as often as sufficient assets are available in pursuance of a scheme of distribution which is to be prepared by the administrator and is subjected to the sanction of the commissioner ; it has to be signed and sealed by the latter and is to be kept at the Court for public inspection. The fact of it being so kept is to be publicly notified.
配當案ニ對スル異議ハ其公吿ノ日ヨリ起算シ十四日內ニ之ヲ裁判所ニ申立ツルコトヲ得
Objections to the scheme of distribution can be raised before the Court within fourteen days from the date of such public notification.
第千四十七條　前條ニ揭ケタル期間ニ配當案ニ對シテ異議ヲ申立ツル者ナキトキ又ハ異議ノ落著シタルトキハ管財人ハ各債權者ヲシテ其債務證書ヲ提出セシメ之ニ每囘ノ支拂額ヲ記入シテ支拂ヲ爲ス若シ債務證書ノ提出ヲ爲スコト能ハサルトキハ破產主任官ノ許可ヲ得テ債權表ニ依リ支拂ヲ爲スコトヲ得孰レノ場合ニ於テモ債權者ハ配當案ニ受取書ヲ記スルコトヲ要ス
1047.　If within the above-mentioned period no objections are raised or they have already been settled, payment is made by the administrator to each creditor on production of his document attesting the debt, and the amount of the payments from time to time made is to be noted thereon ; if such document cannot be produced, payment can be made with the sanction of the commissioner in virtue of the entries in the schedule of claims. In every case the creditor is required to give a receipt on the scheme of distribution.
第千四十八條　財團ノ換價及ヒ配當ヲ全ク終リタルトキハ債權者集會ヲ開キ此集會ニ於テ管財人ハ終局ノ計算ヲ爲ス可シ此計算ノ濟了シタルトキハ裁判所ハ直チニ破產主任官ノ申立ニ因リテ破產手續ノ終結ヲ決定ス此決定ハ之ヲ公吿ス可シ
1048.　When the realization and distribution of the assets have been completed, a meeting of creditors is to be convened at which the administrator renders his final accounts. As soon as such accounts are concluded, the Court, upon the application of the commissioner, rules the closure of the bankruptcy proceedings. The rule is to be publicly notified.
第千四十九條　破產手續終結ノ後ハ辨償ヲ受ケサル債權者ハ破產手續ニ於テ確定シタルニ因リテ得タル權利名義ニ基キ其債權ヲ債務者ニ對シテ無限ニ行フコトヲ得
1049.　After the closure of the bankruptcy proceedings the unsatisfied creditors can unrestrictedly prosecute their rights of claim against the debtor in virtue of the legal title they have acquired by their establishment in the bankruptcy proceedings.
第九章　有罪破產
CHAPTER IX. PENAL BANKRUPTCY.
第千五十條　破產宜吿ヲ受ケタル債務者カ支拂停止又ハ破產宣吿ノ前後ヲ問ハス履行スル意ナキ義務又ハ履行スル能ハサルコトヲ知リタル義務ヲ負擔シタルトキ又ハ債權者ニ損害ヲ被フラシムル意思ヲ以テ貸方財產ノ全部若クハ一分ヲ藏匿シ轉匿シ若クハ脫漏シ又ハ借方現額ヲ過度ニ揭ケ又ハ商業帳簿ヲ毀滅シ藏匿シ若クハ僞造、變造シタルトキハ詐欺破產ノ刑ニ處ス
1050.　A debtor adjudged bankrupt is punished for fraudulent bankruptcy if, either before or after suspension of payment or adjudication of bankruptcy, he contrated obligations that he had no intention of fulfilling or which he was to his own knowledge not in a position to fulfil ; or if, with intent to prejudice his creditors, he has totally or partially concealed, made away with or left out his assets, or exaggerated his liabilities ; or if he has destroyed, concealed, or forged or fraudulently altered his trade books.
第千五十一條　破產宣吿ヲ受ケタル債務者カ支拂停止又ハ破產宣吿ノ前後ヲ問ハス左ニ揭クル行爲ヲ爲シタルトキハ過怠破產ノ刑ニ處ス
1051.　A debtor adjudged bankrupt negligent bankruptcy if, either is punished for before or after suspension of payment or adjudication of bankruptcy, he has:--
第一　一身又ハ一家ノ過分ナル費用、博奕、空取引又ハ不相應ノ射利ニ因リテ貸方財產ヲ甚シク減少シ若クハ過分ノ債務ヲ負ヒタルトキ
i.　Greatly diminished his assets or greatly burdened himself with debts through excessive personal or household expenditure, or by gaming, transactions in differences, or excessive speculative undertakings ;
第二　支拂停止ヲ延ハサンカ爲メ損失ヲ生スル取引ヲ爲シテ支拂資料ヲ調ヘタルトキ
ii.　Raised the means for making payments by transactions entailing loss with the object of deferring his suspension of payment ;
第三　支拂停止ヲ爲シタル後支拂又ハ擔保ヲ爲シテ或ル債權者ニ利ヲ與ヘ財團ニ損害ヲ加ヘタルトキ
iii.　After suspension of payment favoured individual creditors by making payments or giving guaranty to the prejudice of the estate ;
第四　商業帳簿ヲ秩序ナク記載シ藏匿シ毀滅シ又ハ全ク記載セサルトキ
iv.　Kept his trade books in a disorderly manner or concealed or destroyed them, or failed to keep any at all ;
第五　破產者カ第三十二條、第九百七十九條又ハ第千三條第二項ニ規定シタル義務ヲ履行セサルトキ
v.　Not fulfilled the obligations prescribed in Articles 32, 979, and the second paragraph of Article 1003.
第千五十二條　前二條ノ罰則ハ商事會社ノ業務擔當ノ任アル社員若クハ取締役及ヒ淸算人ニモ之ヲ適用シ又第千五十條ノ罰則ハ破產管財人及ヒ有罪行爲ヲ行フ際犯者ヲ助ケ又ハ有罪行爲ヲ破產者ノ利益ノ爲メニ行ヒタル者ニモ之ヲ適用ス
1052.　The penal provisions in the last two Articles contained apply also to managing partners and directors and liquidators of commercial partnerships and companies respectively ; and those contained in Article 1050 to bankruptcy administrators and to all those who have assisted the perpetrator in the commission of the punishable act or have committed it in the interest of a bankrupt.
第千五十三條　債權者集會ニ於ケル議決ニ關シ債權者ニ賄賂ヲ爲シタルトキハ其雙方ヲ二年以下ノ重禁錮又ハ千圓以下ノ罰金ニ處ス
1053.　Bribery of a creditor with reference to his voting at a meeting of creditors is punished with respect to both parties with major imprisonment for not exceeding 2 years or with a fine not exceeding 1,000 yen.
第十章　破產ヨリ生スル身上ノ結果
CHAPTER X. PERSONAL CONSEQUENCES OF BANKRUPTCY.
第千五十四條　破產宣吿ヲ受ケタル債務者又ハ破產シタル商事會社ノ無限責任社員若クハ取締役ハ復權ヲ得ルニ至ルマテハ取引所ニ立入ルコト仲立人ト爲リ合名會社若クハ合資會社ノ社員ト爲リ又ハ株式會社ノ取締役ト爲ルコト淸算人、破產管財人若クハ商事代人ノ職ヲ執ルコト商業會議所ノ會員ト爲ルコト其他商業上ノ榮譽職ニ就クコトヲ得ス
1054.　A debtor who is adjudged bankrupt or a member with unlimited liability or director of a bankrupt commercial partnership or company respectively is disqualified, until he has obtained rehabilitation, from attending Exchanges, from trading as a broker, or as a member of an ordinary partnership or of a limited partnership or as a director of a joint-stock company, from exercising the functions of a liquidator, bankruptcy administrator, or representative in commercial matters, from membership of a chamber of commerce and from other mercantile posts of honour.
第千五十五條　復權ヲ得ルニハ協諧契約ノ調ヒタルト否トヲ問ハス破產者カ元債、利息及ヒ費用ノ全額ヲ債權者總員ニ辨償シタルコト又所在ノ知レサル爲メ未タ辨償ヲ受ケサル債權者ニ全額ヲ辨償スル準備及ヒ資力アルコトヲ證明ス可シ
1055.　Rehabilitation can only be obtained on it being proved that all creditors, whether a composition has been effected or not, have been fully satisfied in principal, interest, and costs, and that the debtor is prepared and is in a position to fully satisfy those creditors who on account of their whereabouts being unknown have not yet been satisfied.
復權ノ申立ニハ債權者ノ受取證其他必要ナル證據物ヲ添フ可シ
The creditors' receipts as well as all other requisite evidences are to accompany the application.
然レトモ協諧契約ノ場合ニ在テハ第一項ノ證明ヲ爲スコト無クシテ取引所ニ立入ルコトヲ得又商事會社ニ付キ協諧契約ノ調ヒタルトキハ無限責任社員若クハ取締役ハ亦其證明ヲ要セスシテ會社ヲ繼續スルコトヲ得
In the event of a composition, however, the attending Exchanges and, where it relates to a commercial partnership or company, the continuance of the same by members who are unlimitedly liable or by directors is permitted without the necessity of proving that which is in the first paragraph of this Article prescribed.
第千五十六條　復權ノ申立アリタルトキハ破產裁判所ハ異議アル者ヲシテ二个月ノ期間ニ異議ヲ起サシメンカ爲メ裁判所ノ揭示場ト取引所トニ其旨ヲ揭示シ且裁判所ノ見込ニ因リ新聞紙ヲ以テ之ヲ公吿シ又調査及ヒ搜査ヲ爲サシメンカ爲メ之ヲ檢事ニ通知ス可シ
1056.　The application for rehabilitation is published by posting it up on the notice-board of the Court and at the Exchange, and, if the bankruptcy Court sees fit, by advertisement in newspapers, for the purpose of allowing any objections to be raised within a period of two months ; communication thereof is also to be made to the Public Procurator for purposes of examination and institution of enquiries.
裁判所ハ檢事ノ意見ヲ聽キタル後復權ノ申立ヲ許可スルト否トヲ決定ス此決定ニ對シテハ卽時抗吿ヲ爲スコトヲ得確定シタル決定ハ之ヲ公吿ス
The Court rules respecting the same after hearing the Public Procurator. This rule can be con tested by means of immediate complaint, and is to be publicly notified when it has become final and conclusive.
棄却セラレタル申立ハ一个年ノ滿了前ニハ再ヒ之ヲ爲スコトヲ得ス
An application that has been rejected cannot be renewed until one year has elapsed.
第千五十七條　復權ハ債務者ノ死亡後ト雖モ之ヲ許ス
1057.　Rehabilitation is admissible even after the death of the debtor.
第千五十八條　復權ハ詐欺破產ノ爲メニ判決ヲ受ケタル破產者又ハ重罪、輕罪ノ爲メニ剝奪公權若クハ停止公權ヲ受ケテ其時間中ニ在ル破產者ニハ之ヲ許サス
1058.　Rehabilitation is not to be granted to a bankrupt who has been convicted for fraudulent bankruptcy or who through conviction for a crime or delict has been deprived of the enjoyment of his public rights or has had the enjoyment thereof suspended, so long as such deprivation or suspension continues.
過怠破產ノ場合ニ在テハ復權ハ刑ノ滿期ト爲リ又ハ恩赦ヲ得タル後ニ非サレハ之ヲ許サス
In the case of negligent bankruptcy, rehabilitation is only admissible after the punishment has been undergone or pardon has been granted.
第十一章　支拂猶豫
CHAPTER XI. RESPITE.
第千五十九條　商ヲ爲スニ當リ自己ノ過失ナクシテ一時其支拂ヲ中止セサルコトヲ得サルニ至リタル者ハ商事上ノ債權者ノ過半數ノ承諾ヲ得テ其營業所若クハ住所ノ裁判所ヨリ右債權者ニ對スル義務ニ付キ一个年以內ノ支拂猶豫ヲ受クルコトヲ得
1059.　Where in the course of trading a person is constrained, without his fault and temporarily, to interrupt payment, he may be granted by the Court of his place of seat of business or of his domicile, with the consent of the majority of his creditors on commercial transactions, a respite not exceeding one year for the payment of his liabilities towards them.
第千六十條　支拂猶豫ノ申立ニハ左ノ諸件ヲ添附スルコトヲ要ス
1060.　To the application for respite there must be annexed:--
第一　支拂中止ノ事由ノ完全ナル明示
i.　A complete statement of the causes of interruption in the debtor's payments ;
第二　貸借對照表、財產目錄及ヒ住所ト債權額トヲ明示シタル債權者名簿
ii.　A balance-sheet, an inventory of property and a list of creditors, stating their domiciles and the amount of their claims ;
第三　債權者ニ主タルモノ及ヒ從タルモノノ完全ナル辨償ヲ爲シ得ル方法、期間及ヒ此カ爲メ供スルコトヲ得ル擔保ノ證明
iii.　Evidence as to the manner and time in which the principal and accessory claims of the creditors can be satisfied in full and as to what guaranties can be given therefor.
右申立及ヒ添附書類ハ公衆ノ展閱ニ供スル爲メ之ヲ裁判所ニ備置キ且債權者ノ集會期日ヲ定メテ之ト共ニ其備置キタル旨ヲ公吿スルコトヲ要ス債權者ハ集會ノ爲メ各別ニ招集ヲ受ク
The application, together with its accompanying writings, must be kept at the Court for public inspection, and the fact of this having been done must be publicly notified together with the fixing of a time for the meeting of creditors. The creditors are to be separately called hereto.
支拂猶豫ハ裁判所ヨリ假ニ之ヲ許可スルコトヲ得
Respite may be granted by the Court provisionally.
第千六十一條　集會期日ニ於テハ裁判所ヨリ任セラレタル主任判事ノ上席ヲ以テ債務者ト債權者トノ間ニ支拂猶豫ノ申立ニ付キ辯論ヲ爲ス其申立ヲ承諾スルニハ第千三十六條ニ揭ケタル過半數ヲ要ス其辯論及ヒ議決ニ付テハ調書ヲ作ル可シ
1061.　At the time fixed the application is discussed between the debtor and the creditors under the presidency of a commissioned Judge appointed by the Court. The majority in Article 1036 specified is necessary in order to agree to such application. A protocol is kept of the discussion and voting.
第千六十二條　裁判所ハ承諾ヲ得タル支拂猶豫ノ認否ニ付キ主任判事ノ演述ヲ聽キテ決定ヲ爲ス此決定ニ對シテハ卽時抗吿ヲ爲スコトヲ得
1062.　Upon the report of the commissioned Judge the Court rules as to confirmation of the respite agreed to. The rule may be contested by means of immediate complaint.
支拂猶豫ハ申立ニ因リテ前數條ノ手續ニ從ヒ一囘ニ限リ之ヲ延長スルコトヲ得然レトモ其期間ハ一个年ヲ超ユルコトヲ得ス
An extension of the respite may on application be granted in accordance with the provisions in the preceding Articles mentioned, but only once and for a further period not exceeding one year.
第千六十三條　債務者有効ナル支拂猶豫ヲ得タルトキハ猶豫期間中其以前ニ取結ヒタル商取引ヨリ生スル債權ノ爲メニ强制執行及ヒ破產宣吿ヲ受クルコト無シ但猶豫契約ノ履行及ヒ業務ノ施行ニ關シテハ主任判事ノ監督ヲ受ク
1063.　Where a valid respite has been granted to the debtor, he is not liable during the continuance thereof to execution or adjudication in bankruptcy, for debts arising out of commercial transactions previously entered into. With regard to carrying out the arrangement for respite and with regard to the conduct of his business, he is, however, under the control of the commissioned Judge.
債務者ノ保證人及ヒ共同義務者ノ義務ハ右猶豫ノ爲メニ變更スルコト無シ
The obligations of the sureties of the debtor and of persons jointly liable with him are not affected by the respite granted.
第千六十四條　支拂猶豫ノ承諾ヲ得ス若クハ裁判所之ヲ棄却シタルトキ又ハ後日ニ至リ債務者ノ詐欺若クハ不正ノ爲メ若クハ法律上ノ條件ノ缺クルカ爲メ之ヲ廢止シタルトキ又ハ債務者ニ於テ其猶豫契約ヲ履行セサルトキ又ハ其猶豫期間中債務者ノ財產ニ付キ他ノ債權者ヨリ强制執行ヲ爲ストキハ直チニ債務者ニ對シテ破產手續ヲ開始ス此場合ニ於テハ支拂猶豫申立ノ日附ヲ以テ支拂停止ノ日ト定ム
1064.　If the respite is not agreed to, or if it is rejected by the Court, or is subsequently annulled on account of deceit or dishonesty on the part of the debtor or by reason of the conditions legally required being deficient, or if its conditions are not carried out by the debtor, or if during its continuance execution is effected against his property by another creditor, bankruptcy proceedings are forthwith to be commenced against the debtor. In this case the time of suspension of payment is fixed as at the date of the application for respite.