朕法例ヲ裁可シ玆ニ之ヲ公布セシム此法律ハ明治二十六年一月一日ヨリ施行スヘキコトヲ命ス
御名御璽
明治二十三年十月六日
內閣總理大臣　伯爵　山縣有朋
內務大臣　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
遞信大臣　伯爵　後藤象二郞
外務大臣　子爵　靑木周藏
海軍大臣　子爵　樺山資紀
文部大臣　芳川顯正
農商務大臣　陸奧宗光
法律第九十七號
法例
LAW OF APPLICATION OF THE LAWS IN GENERAL.
第一條　法律ハ公布アリタル日ヨリ滿二十日ノ後ハ之ヲ遵守ス可キモノトス但法律ニ特別ノ規定アルモノハ此限ニ在ラス
Article 1.　The laws are to be observed after full twenty days from the day on which they have been promulgated,unless otherwise provided for by law.
第二條　法律ハ既往ニ遡ル效力ヲ有セス
2.　The laws have no retroactive force.
第三條　人ノ身分及ヒ能力ハ其本國法ニ從フ
3.　The civil status and legal capacity of persons are governed by the law of the country to which they belong.
親屬ノ關係及ヒ其關係ヨリ生スル權利義務ニ付テモ亦同シ
The same applies to the relation of consanguinity and the rights and duties arising from it.
第四條　動產、不動產ハ其所在地ノ法律ニ從フ
4.　Movables and immovables are governed by the law of the place where they are situated.
然レトモ相續及ヒ遺贈ニ付テハ被相續人及ヒ遺贈者ノ本國法ニ從フ
With regard to successions and legacies, they are, however, governed by the law of the country to which the ancestors and legators belong.
第五條　外國ニ於テ爲シタル合意ニ付テハ當事者ノ明示又ハ默示ノ意思ニ從ヒテ何レノ國ノ法律ヲ適用ス可キヤヲ定ム
5.　With regard to an agreement made in a foreign country, the law of whichever country is to be applied thereto, is determined in accordance with an express or implied intent of the parties.
當事者ノ意思分明ナラサル場合ニ於テハ同國人ナルトキハ其本國法ヲ適用シ又同國人ニ非サルトキハ事實上合意ニ最大ノ關係ヲ有スル地ノ法律ヲ適用ス
Where the intent of the parties is not clear, the law of the country to which they belong is applied if they are the peopie of one and the same country; if otherwise, the law of the place which bears in fact the greatest interests in the agreement is applied.
第六條　外國人カ日本ニ於テ日本人ト合意ヲ爲ストキハ外國人ノ能力ニ付テハ其本國法ト日本法トノ中ニテ合意ノ成立ニ最モ有益ナル法律ヲ適用ス
6.　Where in Japan a foreigner makes an agreement with a Japanese, such one of the law of the country to which he belongs and that of Japan as is more favourable to its existence is applied in regard to his legal capacity.
第七條　不當ノ利得、不正ノ損害及ヒ法律上ノ管理ハ其原因ノ生シタル地ノ法律ニ從フ
7.　Undue enrichments, unlawful injuries and legal administrations are governed by the law of the place where their causes have been produced.
第八條　本國法ヲ適用ス可キ諸般ノ場合ニ於テ何レノ國民分限ヲモ有セサル者又ハ地方ニ依リ法律ヲ異ニスル國ノ人民ハ其住所ノ法律ニ從フ若シ住所知レサルトキハ其居所ノ法律ニ從フ
8.　In every case in which the law of the countiy to which a person belongs is applicable, the person who has no nationality, or the people of a countiy in which law is different in different localities, is governed by the law of their domicile; if it is not known, they are governed by the law of their place of residence.
日本人ト外國人トノ分限ヲ有スル者ハ日本法律ニ從ヒ又二箇以上ノ外國國民分限ヲ有スル者ハ最後ニ之ヲ取得シタル國ノ法律ニ從フ
Any person who has both the Japanese and foreign nationalities is governed by the Japanese law, and those who have two or more foreign nationalities, are governed by the law of the country where they have last acquired their nationality.
第九條　公正證書及ヒ私署證書ノ方式ハ之ヲ作ル國ノ法律ニ從フ但一人又ハ同國人ナル數人ノ作ル私署證書ニ付テハ其本國法ニ從フコトヲ得
9.　The formalities of authentic documents and documents under private signature are governed by the law of the country where they are made.With regard to documents under private signature which are made by a person or several persons who are the people of one and the same country, they can be made in conformity with the formalities provided for by the law of the country to which they belong.
第十條　要式ノ合意又ハ行爲ト雖モ之ヲ爲ス國ノ方式ニ從フトキハ方式上有效トス但故意ヲ以テ日本法律ヲ脫シタルトキハ此限ニ在ラス
10.　Even formal agreements or acts are valid so far as their formalities are concerned if the formalities of the country where they are made or done are complied with.The case, however, in which the Japanese law has intentionally been disregarded, is excepted.
第十一條　外國ニ於テ其國ノ方式ニ依リテ作リタル證書ハ不動產物權ヲ移轉スル行爲ニ係ルトキハ其不動產所在地ノ地方裁判所長又他ノ行爲ニ係ルトキハ當事者ノ住所又ハ居所ノ地方裁判所長其證書ノ適法ナルコトヲ檢認シタル上ニ非サレハ日本ニ於テ其效用ヲ致サシムルコトヲ得ス
11.　A document made in a foreign country in conformity with the formalities of such country, can only be made operative in Japan upon it being legalized, if such document relates to an act of transferring the real immovable right, by the President of the District Court of the place where the immovable is situated, and if it relates to any other acts, by the President of the District Court of the parties' domicile or place of residence.
第十二條　第三者ノ利益ノ爲メニ設定スル公示ノ方式ハ不動產ニ係ルトキハ其所在地ノ法律、他ノ場合ニ於テハ其原因ノ生シタル國ノ法律ニ從フ
12.　The formalities of public notifications established in favour of third persons are governed, if they relate to immovables, by the law of the place where they are situated, and in any other cases they are governed by the law of the country where their causes have been produced.
第十三條　訴訟手續ハ其訴訟ヲ爲ス國ノ法律ニ從フ
13.　The procedures of suits are governed by the law of the country where such suits are conducted.
裁判及ヒ合意ノ執行方法ハ其執行ヲ爲ス國ノ法律ニ從フ
The manner in which decisions and agreements are executed is governed by the law of the country where such execution is made.
第十四條　刑罰法其他公法ノ事項ニ關シ及ヒ公ノ秩序又ハ善良ノ風俗ニ關スルトキハ行爲ノ地、當事者ノ國民分限及ヒ財產ノ性質ノ如何ヲ問ハス日本法律ヲ適用ス
14.　With regard to the matters of criminal laws or any other public laws and to public policy or good morals, the Japanese law is applicable without regard to the place of acts, parties' nationality, and the nature of property.
第十五條　公ノ秩序又ハ善良ノ風俗ニ關スル法律ニ牴觸シ又ハ其適用ヲ免カレントスル合意又ハ行爲ハ不成立トス
15.　Agreements or acts which are in contravention of the laws relating to public policy or good morals or are intended to elude their application cannot exist.
第十六條　身分又ハ能力ヲ規定スル法律ヲ免カルル合意又ハ行爲ハ無效トス
16.　Agreements or acts which elude the laws providing for the civil status or legal capacity are null and void.
第十七條　判事ハ法律ニ不明、不備又ハ缺缺アルヲ口實トシテ裁判ヲ爲スヲ拒絕スルコトヲ得ス
17.　The Judges cannot refuse to decide under pretension of the obscurity, insufficiency or deficiency of the laws.