288.　The person who is to succeed to katoku is only one for a house.

289.　Any person, who has entered into the other house by marriage or adoption and remains in it, cannot succeed to the katoku of his or her original house or any other houses.

290.　A person who has been nominated or selected to an heir to katoku of two or more houses can make a choice of one among them.

291.　When a presumptive heir to katoku is nominated or selected to an heir to katoku of another house, such nomination or selection is of no effect.

292.　Any person who has been punished for having caused his or her ancestor to die or attempted to cause the death of such ancestor except by his or her faults is excluded from successions.

293.　The right of action for exclusion from successions becomes extinguished by the express pardon granted by the ancestor.

294.　An heir to katoku becomes the koshu by succeeding to the family name, lineage, honorary titles, and whole property.

295.　The rank of the person who is to be an heir to katoku by law is determined as follows :

296.　Any ancestor cannot deprive a legal presumptive heir to katoku of the succession unless there exists a lawful cause therefor.

297.　The lawful causes by which a legal presumptive heir to katoku can be deprived of the succession are as follows :

298.　The deprivation of a presumptive heir to katoku of the succession can be effected by a testament or by making the statement to the civil status official.

299.　Where there is a legal heir to katoku the ancestor cannot nominate an heir to katoku. Nevertheless, such a nomination done in contravention of the above provision is valid, when there is no legal heir to katoku at the day of the ancestor's death.

300.　The nomination of an heir to katoku shall be made by a testament.

301.　Where there is neither a legal heir to katoku nor a nominated heir to katoku and there is in the house the father of the deceased, such father and in his default the mother selects an heir to katoku from among the members of the family according to the following. order :

302.　Where in the case of the preceding Article there are no father and mother, the right to select an heir to katoku belongs to the family council. But the family council cannot change the order of selection in the preceding Article provided for.

303.　Where there is no heir to katoku to be selected in conformity with the provisions of Article 301 or all the persons have renounced the succession, any one of the ascendants in the house who is the most proximate in the degree of consanguinity can voluntarily succeed to katoku.

304.　Where there is no such heir as in the preceding Article mentioned, the spouse can succeed to katoku.

305.　The family council can only select any other person when there is no such heir as in the preceding Articles mentioned, or all the persons have renounced the succession.

306.　To make inkio, the following conditions must be fulfilled :

307.　Where a person making inkio cannot manage effectively the affairs of the house from a serious sickness or any other causes, or where there is a necessity that a main house should be succeeded by the koshu of its branch house, the Local Court can upon application of such person or koshu release them from the condition of age.

308.　The spouse or relatives by consanguinity of a person making inkio and the Public Procurator can enter a protest on one of the following grounds within sixty days from the day on which the inkio has been declared :

309.　Where there exists the fact that an inkio has been made in contravention of the condition in Article 306, iv mentioned, the spouse of the person making inkio can only enter a protest.

310.　Where the inkio is made, it shall be declared by the party to the civil status official.

311.　The succession to katoku upon inkio produces the same effects as that upon death, as against those interested before its declaration, from the day on which the term provided for in Article 308 expires, and if a protest has been entered, from the day on which the dismissal of such protest has become final and conclusive. The rights and obligations the existence of which extends to the life of the person making inkio are not, however, extinguished.

322.　Where an heir indicates either expressly or impliedly his or her intent to represent his or her ancestor in respect to the property of such ancestor, it is the simple acceptance.

323.　There is the implied acceptance :

324.　The acceptance can only be rescinded for one of the following causes :

325.　Where an heir is only liable for payment of debts to the extent of the property for succession, it is the limited acceptance.

326.　An heir who has intent to make a limited acceptance shall produce to the Local Court of the place where the succession takes place the inventory of the property examined within the term in Article 318 provided for, and state such intention, and the Court shall mention the same in the register specially kept for the purpose.

327.　An heir loses the right to make a limited acceptance :

328.　A limited acceptor shall administer the property for succession with the same care as is exercised in respect to his or her own property and render an account thereof to the creditors and legatees, but such account must be finished within one month after the property for succession has been exhausted by paying the debts and legacies.

329.　Where it is necessary to sell anything belonging to the property for succession whether movable or immovable, the limited acceptor shall sell it by auction by obtaining the authorization of the Local Court.

330.　The limited acceptor shall not confuse the prices obtained for every thing belonging to the property lawfully sold, and shall pay successively to the creditors who have the right of preference over such thing.

331.　Where there are such creditors or legatees as attach the payments of the debts or legacies borne by the succession or raise objections to such payments, the limited acceptor cannot make such payments unless the order and manner fixed by the decision are complied with.

332.　vVhere there are no such attachments or objections as in the preceding Article mentioned, the payments are made according to the claims of the creditors or legatees.

333.　Where the heir has delayed to finish the account, any one of the creditors who is not yet paid can have recourse directly against the heir's own property for such amount as recourse can be had against those legatees. and creditors who have already been paid.

334.　The creditors, who claim payments after the property for succession has been exhausted and the account has been finished, can only exercise the right of recourse against the legatees who have been paid.

335.　The right of recourse in the preceding three Articles mentioned can be exercised for three years. This term runs from the day on which the claims have been at first made to the heir if such term begins before the finishing of the account, and if it begins after its finishing, from the day of such finishing.

336.　An heir who intends to renounce a succession shall state thereof to the Local Court of the place where the succession takes place, and the Court shall mention it in the register specially kept for the purpose.

337.　A succession once renounced can be accepted by the renouncer so long as there is no other heir who has accepted it, but this acceptance can only be made within the term in Article 318 mentioned ; without prejudice, however, to the rights validly acquired by third persons in respect to the property for succession.

338.　Any person who has renounced a succession can rescind such renunciation, even though there is another heir who has accepted it :

339.　The renunciation which has been made with intent to defraud the creditors can be revoked by them for their own benefits under the distinction and term provided for in Article 341 and following Articles of the Book on the Law of Property.

340.　Any person who has lawfully accepted or been presumed to be an acceptor cannot make a renunciation.

341.　An heir who has privately appropriated or concealed things included in a succession loses the right to renounce such succession.

342.　Where heir does not appear, or existence of heir is not clear, or heirs have renounced a succession, heir is deemed to be wanting.

343.　The Local Court of the place of the succession in which heir is wanting shall on demand of those interested or the Public Procurator appoint an administrator of the property for such succession.

344.　The administrator shall cite those interested, examine the property for succession, make its inventory and have the state of the property verified.

345.　The rules in Article 328 and following Articles laid down in respect to the obligations and responsibilities of a limited acceptor are applied to the administrator.

346.　Where the property for succession still remains after the account has finished, the administrator shall by obtaining the authorization of the Local Court sell it by auction and deposit the money obtained thereby in the Public Deposit Office.

347.　Where an heir appears, he or she shall obtain from the Local Court the receipt issued by the Public Deposit Office, as well as the certificate of his or her status of being the heir, and present them to such Office and receive the deposited money.

348.　Where it has become certain that there is no heir, the State shall receive the deposited money in conformity with special law.

358.　Donations, whether made for establishing a branch house or for any other causes, do not validly exist, unless they are made by an authentic decument, in addition to fulfillment of the conditions necessary for the existence of an ordinary agreement.

359.　A donation includes only the actual property of the donor. If future property be included, the donation is null and void as to such property.

360.　Where a donee is bound, by the nature of a donation or by a promise, to pay debts of the donor, such obligation includes only those debts which have already existed at the time of the donation.

361.　A donor can only stipulate in his or her own interests for the condition by which the donation is to be cancelled when the donee is dead before the donor.

362.　The accomplishment of the resolutory condition validly stipulated for in accordance with the provision of the first paragraph of the preceding Article produces the same effects as against the donee's heir or third persons, as the resolutory condition stipulated for in an ordinary agreement.

363.　A donation can be revoked for non-fulfillment of the conditions stipulated for by the donor, in addition to the ordinary causes making an agreement null and void.

364.　The revocation of donation based on non-fulfillment of the conditions can be demanded by the donor or his or her successors.

365.　Where a donation has been revoked on the ground of non-fulfillment of the conditions, such revocation produces the same effects as against the donee or third persons, as in the case where an agreement has been cancelled by the accomplishment of conditions.

368.　A will can be made by the testator or testatrix in a holographic or authentic document, or under secret formalities.

369.　A holographic testament has no validity unless its whole contents, date and names are written by the testator or testatrix themselves and sealed.

370.　A will under an authentic document has no validity unless in the presence of a notary and two witnesses the testator or testatrix has dictated the contents of will and after they were written down and read by the notary, they have been respectively signed and sealed by himself or herself and the witnesses.

371.　A testament under secret formalities has no validity whether written by the testator or testatrix themselves or any other person, unless the following conditions are fulfilled :

372.　Where the whole contents, date and names of a testament are altogether in the handwriting of the testator or testatrix, even though any one or more of the conditions provided for in the preceding Article for the purpose of it being valid as a will under secret formalities are wanting, such testament is valid as a holographic one.

373.　Legatees, clerks of the notary participating in making of a will and other persons of ordinary legal incapacity cannot be a witness.

374.　Any person in the service in the army or navy, who is serving in an expedition or is serving in a campaign or in a besieged place even in the interior, can make a testament with the assistance of one officer and two witnesses.

375.　Any person in the service in the army or navy, who is during an expedition, campaign or siege placed in an hospital on account of his sickness or wound, can make a testament with the . assistance of surgeons and managers of the hospital.

376.　Any person, who is in a locality with which the communications are cut off by an administrative measure on account of an infectious disease prevailing therein, can make a testament whether he is suffering from such disease or not, with the assistance of a police officer and a witness.

377.　Any person who is in a voyage can make a testament with the assistance in a man-of-war of one officer, and in any other ships of one manager, and of two witnesses.

378.　Where a testament has been made at sea, it shall be mentioned in the log-book.

379.　Any testament made in conformity with the provisions of this Subsection shall respectively be signed and sealed by the testator or testatrix, person who has written it for them, and those who have been present in making the same.

380.　A Japanese who is in a foreign country can make a will in conformity with either the holographic formalities provided for in Article 369 or the authentic formalities used in such country.

381.　Any testament made in a foreign country cannot be executed in respect to the property situated in Japan, until after it has been entered in the register of the Local Court of the domicile that the testator or testatrix has in Japan, and if the domicile is unknown, of the place of their last residence.

382.　Foreigners residing in Japan can make will in conformity with either the Japanese law or the law of the country to which they belong.

383.　To determine the portion of both the property which can be bequeathed and that which is to be reserved for an heir, whatever forms the special right of succession to katoku, is to be deducted.

384.　Where there is a le gal heir to katoku, the ancestor can only bequeath in favour of the other persons up to half of the property for succession.

385.　In respect to a right, such as right of usufruct, the duration of existence of which is uncertain, such portion as can be bequeathed is determined by appreciating the value such right has at the time of succession.

386.　Legacies exceeding the portion which can be bequeathed are reduced to such portion.

387.　The amount to be reduced is fixed by a calculation being made upon the balance of the estimated value of all the property existing at the time of succession, which remains after the sum of debts of the ancestor has been deducted from such estimated value.

388.　Where the portion of the property to be reserved is to be formed by reducing a portion of legacies, all the legacies whether universal or specific shall be reduced in proportion to their value.

389.　All donations which are to be executed after the death of the donor have the same effects as legacies.

390.　Simple legacies or those subject to a term transfer, from the time of the death of testators or testatrixes, to the legatees whether they have the knowledge thereof or not, the property and debts which are included in the legacies in the case of universal legacies, and the rights over the things so bequeathed in the case. of specific legacies. The execution of the legacies subject to a term is, however, suspended until the term expires.

391.　Where a testator or testatrix has bequeathed a thing over which they have an undivided right, the legatee acquires the same right as themselves.

392.　A legatee is not entitled to collect fruits of the thing bequeathed until after the time at which the delivery of such thing has been claimed ; but the term must become due or conditions must be accomplished.

393.　The things bequeathed shall be delivered, if the legacies are simple, in their actual state at the time of the death of the testator or testatrix together with the things which are accessory to them as of course, and if the legacies are those subject to a term or condition, they shall be delivered in their actual state at the time their delivery can be demanded.

394.　Lands or buildings acquired by a testator or testatrix after a will has been made, even though they are contiguous to a bequeathed immovable or destined for improving advantageous employment of the same, do not benefit the legatee of such immovable.

395.　Testaments, except those in authentic document, can only be executed after they have been legalized by the Local Court of the place of succession.

396.　The expenses incurred in respect to execution of will and delivery of things bequeathed are borne by the property for succession. They cannot, however, made to be borne by the property to be reserved.

397.　The legacy of a real immovable right cannot be set up against third persons backward to the day of the death of the testator or testatrix, unless it has been registered within thirty days from the time at which the legatee knew of such legacy after the death of the former.

398.　A testator or testatrix can by agreement or will entrust to one or more persons the execution of legacies.

399.　Wills can be revoked by a testator or testatrix as they see fit. The revocation can be made either expressly or impliedly.

400.　Where a testator or testatrix has, in conformity with the formalities of will, mentioned in the document his or her intent to revoke the will in whole or in part, such revocation is an express one.

401.　Where a specific thing contained in a will has been disposed of by the later will, the former will is impliedly revoked so far as such thing is concerned.

402.　A will once revoked does not recover its validity even though the disposals in the preceding Article mentioned become null and void.

403.　The revocation of a will can be demanded by the heir for non-fulfillment of the conditions by the legatee or for the act of the legatee by which the death of the testator or testatrix has been caused.

404.　A will loses its validity even though it is perfect so far as its formalities are concerned :

405.　With regard to a part of a will which has been revoked or lost its validity, the will is deemed as never took place, unless the testator or testatrix has expressly nominated a person to be enriched by such part.

407.　Each of the owners of an undivided property can claim its partition, unless it has been agreed in accordance with the provisions of Article 39 of the Book on the Law of Property that such partition is not to be made.

408.　The partition must be express. The fact that a property is separately enjoyed is not held to be a partition.

409.　The partition of an undivided property can be freely made by an agreement of each of the owners.

410.　Where a judicial partition is required, the Local Court of the place of succession shall direct on demand of the heir, creditors or Public Procurator, the property to be sealed and its inventory to be made.

411.　Even though the judicial partition is not required, the credifors can demand the sealing and preparation of the inventory, by obtaining the authorization of the Local Court if they have no executory documents.

412.　Each of the owners can claim the delivery in kind of his part of an undivided property, unless its delivery has been attached by the creditors, or it has been resolved by the majority of the owners that, the sale of the property is necessary for paying in advance the debts and expenses borne by such property.

413.　The partition made in contravention of the rules laid down for minors, interdicted persons, lunatics or persons not present is only a provisional one in their interests.

414.　Where at the time of the partition there are several persons of legal incapacity or persons not present, between whom there is opposition of interets, a temporary assistant or administrator shall be nominated for each of them.

415.　Where the partition has been concluded, each owner holds the document of the thing received by him.

416.　The owners contribute to the debts in proportion to the part which they receive each respectively.

417.　With regard to the effects of a partition, the provision of Article 155 is applicable.

418.　Each owner is bound to guarantee the other in respect to disturbance and eviction of the partitioned thing based on any cause before the partition, unless he is released from the obligation of guaranty by a special agreement.

419.　In respect to rights of claim, each owner is only bound to guarantee to the extent of the debtor's solvency at the time of the partition.

420.　A partition can, in addition to its non-existence or nullity under the distinctions determined by Article 304 and following Articles of the Book on the Law of Property, be rescinded for a loss sustained by one of the owners in the part received by him, if such loss amounts to one fourth or more of such part.

421.　The right of action for rescission becomes extinguished by the prescriptions and ratifications determined by Article 544 and following Articles of the Book on the Law of Property.