民法(人事編)
法令番号: 法律第98号
公布年月日: 明治23年10月7日
法令の形式: 法律

審議経過

朕民法中財產取得編人事編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
法律第九十八號
民法人事編目錄
CONTENTS.
第一章
私權ノ享有及ヒ行使
CHAPTER I.-- Enjoyment and Exercise of Private Rights.
第二章
國民分限
CHAPTER II.-- Nationality.
第一節
國民分限ノ取得
SECTION I. -- Acquisition of Nationality.
第二節
國民分限ノ喪失及ヒ囘復
SECTION II.-- Loss and Recovery of Nationality.
第三節
國民分限變更ノ方式及ヒ效力
SECTION III.-- Formalities for and Effects of Changes of Nationality.
第三章
親屬及ヒ姻屬
CHAPTER III.-- Consanguinity and Affinity.
第四章
婚姻
CHAPTER IV.-- Marriage.
第一節
婚姻ヲ爲スニ必要ナル條件
SECTION I.-- Conditions necessary for Marriage.
第二節
婚姻ノ儀式
SECTION II.-- Formalities for Celebration of Marriage.
第三節
日本人外國ニ於テ爲シ及ヒ外國人日本ニ於テ爲ス婚姻
SECTION III.-- Marriage contracted by Japanese in Foreign Country and by Foreigner in Japan.
第四節
婚姻成立ノ證據
SECTION IV.-- Evidence for Existence of Marriage.
第五節
婚姻ノ不成立及ヒ無效
SECTION V.-- Non-existence and Nullity of Marriage.
第六節
婚姻ノ效力
SECTION VI.-- Effects of Marriage.
第七節
罰則
SECTION VII.-- Penalty.
第五章
離婚
CHAPTER V.-- Divorce.
第一節
協議ノ離婚
SECTION I.-- Divorce by Mutual Consent.
第二節
特定原因ノ離婚
SECTION II.-- Divorce for Determined Causes.
第一款
離婚及ヒ不受理ノ原因
SUBSECTION 1.-- Causes of Divorce and for not Entertaining Demand for Divorce.
第二款
假處分
SUBSECTION 2.-- Provisional Dispositions.
第三款
離婚ノ訴
SUBSECTION 3.-- Action for Divorce.
第三節
離婚ノ效力
SECTION III.-- Effects of Divorce.
第六章
親子
CHAPTER VI.-- Parents and Child.
第一節
親子ノ分限ノ證據
SECTION I.-- Evidence for the Quality of Parents and Child.
第二節
否認訴權
SECTION II.-- Right of Action for Disavowal.
第三節
庶子及ヒ私生子ノ適出子ト爲ル權
SECTION III.-- Right of Illegitimate and Natural Child to become Legitimate Child.
第七章
養子緣組
CHAPTER VII.-- Adoption
第一節
養子緣組ニ必要ナル條件
SECTION I.-- Conditions necessary for Adoption.
第二節
養子緣組ノ儀式
SECTION II.-- Formalities of Adoption.
第三節
養子緣組ノ證據
SECTION III.-- Evidence for Adoption.
第四節
養子緣組ノ不成立及ヒ無效
SECTION IV.-- Non-existence and Nullity of Adoption.
第五節
養子緣組ノ效力
SECTION V.-- Effects of Adoption.
第六節
罰則
SECTION VI.-- Penalty.
第八章
養子ノ離緣
CHAPTER, VIII.-- Dissolution of Adoption.
第一節
協議ノ離緣
SECTION I.-- Dissolution by Mutual Consent.
第二節
特定原因ノ離緣
SECTION II.--Dissolution of Adoption for Determined Causes.
第三節
離緣ノ效力
SECTION III.-- Effects of Dissolution of Adoption.
第九章
親權
CHAPTER IX.-- Parental Power.
第一節
子ノ身上ニ對スル權
SECTION I.-- Power over the Person of Child
第二節
子ノ財產ノ管理
SECTION II.--Administration of Property of Child.
第三節
嫡母、繼父及ヒ繼母ニ特別ナル規則
SECTION III.-- Special Rules for Tekibo, Step-father and Stepmother.
第十章
後見
CHAPTER X.-- Guardianship.
總則
General provisions.
第一節
後見人
SECTION I.-- Guardian.
第二節
後見監督人
SECTION II.-- Supervisor of Guardian.
第三節
親族會
SECTION III.-- Family Council.
第四節
後見ノ免除
SECTION IV.-- Exemption from Guardianship.
第五節
後見人及ヒ親族會員ノ缺格、除斥及ヒ罷黜
SECTION V.-- Disqualification, Exclusion and Dismissal of Guardian and Member of Family Council.
第六節
後見人ノ管理
SECTION VI.-- Administration of Guardian.
第七節
後見監督人ノ任務
SECTION VII.-- Duties of Supervisor of Guardian.
第八節
後見ノ終了
SECTION VIII.-- Termination of Guardianship.
第九節
後見ノ計算
SECTION IX.-- Accounts of Guardianship.
第十一章
自治產
CHAPTER XI.-- Emancipation.
第十二章
禁治產
CHAPTER XII.-- Interdiction.
第一節
民事上禁治產
SECTION I.-- Civil Interdiction.
第二節
准禁治產
SECTION II.-- Quasi-interdiction.
第三節
刑事上禁治產
SECTION III.-- Criminal Interdiction.
第四節
瘋癲者ノ財產ノ假管理
SECTION IV.-- Provisional Administration of Property of Lunatics.
第十三章
戶主及ヒ家族
CHAPTER XIII.-- Koshuu and Members of Family.
第十四章
住所
CHAPTER XIV.-- Domicile.
第十五章
失踪
CHAPTER XV.-- Absence.
第一節
失踪ノ推定
SECTION I.-- Presumption of Absence.
第二節
失踪ノ宣言
SECTION II.-- Declaration of Absence.
第三節
失踪宣言ノ效力
SECTION III.-- Effects of Declaration of Absence.
第四節
失踪ノ推定及ヒ宣言ニ關スル通則
SECTION IV.-- General Provisions relating to Presumption and Declaration of Absence.
第五節
不在者ニ關スル規則
SECTION V.-- Rule relating to Person not Present.
第十六章
身分ニ關スル證書
CHAPTER XVI.-- Documents relating to Civil Status.
民法
CIVIL CODE.
人事編
BOOK ON THE LAW OF PERSON.
第一章　私權ノ享有及ヒ行使
CHAPTER I. ENJOYMENT AND EXERCISE OF PRIVATE RIGHTS.
第一條　凡ソ人ハ私權ヲ享有シ法律ニ定メタル無能力者ニ非サル限リハ自ラ其私權ヲ行使スルコトヲ得
Article 1.　All persons enjoy private rights, and they can themselves exercise such rights provided that they are not the incapable persons determined by law.
第二條　胎內ノ子ト雖モ其利益ヲ保護スルニ付テハ既ニ生マレタル者ト看做ス
2.　A child conceived is deemed as already born so far as protection of interests of such child is concerned.
第三條　私權ノ行使ニ關スル成年ハ滿二十年トス但法律ニ特別ノ規定アルトキハ此限ニ在ラス
3.　The majority of persons in respect of the exercise of private rights is at full twenty years of age, unless it is otherwise provided for by law.
第四條　外國人ハ法律又ハ條約ニ禁止アルモノヲ除ク外私權ヲ享有ス
4.　Foreigners enjoy private rights, excepting those which are prohibited by law or treaty.
第五條　法人ハ公私ヲ問ハス法律ノ認許スルニ非サレハ成立スルコトヲ得ス又法律ノ規定ニ從フニ非サレハ私權ヲ享有スルコトヲ得ス
5.　A juridical person, whether public or private, cannot exist unless the same is recognized by law, and it can only enjoy private rights in conformity with the provisions of law.
第六條　法律ハ外國法人ノ成立ヲ認許セス但條約又ハ特許アルトキハ此限ニ在ラス
6.　The existence of a foreign juridical person is not recognized by law, except in cases where there is a treaty or special permission therefor.
成立ノ認許ヲ得タル外國法人ハ日本ニ成立スル同種ノ者ト同一ノ私權ヲ享有ス但條約中又ハ特許中ニ其權利ヲ制限シタルトキハ此限ニ在ラス
The foreign juridical person, the existence of which has been recognized, enjoys the same private rights as those of a similar juridical person existing in Japan, except in cases where such rights are limited by the treaty or special permission.
第二章　國民分限
CHAPTER II. NATIONALITY.
第一節　國民分限ノ取得
SECTION I. ACQUISITION OF NATIONALITY.
第七條　日本人ノ子ハ外國ニ於テ生マレタルトキト雖モ日本人トス
7.　A child of a Japanese even though born in a foreign country.
父母分限ヲ異ニスルトキハ父ノ分限ヲ以テ子ノ分限ヲ定ム
Where the nationality of the father and mother of a child is different, the nationality of such child is determined by that of the father.
父ノ知レサルトキハ子ハ母ノ分限ニ從フ
A child whose father is unknown follows the nationality of the mother.
父母共ニ知レサルトキハ日本ニ於テ生マレタル子ハ日本人トス若シ其出生地ノ知レサルトキハ現ニ日本國內ニ在ル者ハ日本人トス
A child whose father and mother are unknown is Japanese when born in Japan. If the birth place of the child is unknown, such child who is present in Japan is Japanese.
第八條　左ノ場合中ノ一ニ在ル子ハ日本人ノ分限ヲ選擇スルコトヲ得
8.　A child can elect the nationality of Japanese :--
第一　父カ外國人タルモ母ノ日本人タルトキ
i.　Where the mother is Japanese although the father is a foreigner ;
第二　外國人ノ子タルモ日本ニ生マレタルトキ
ii.　Where born in Japan of a foreigner ;
第三　日本人ノ分限ヲ失ヒタル者ノ子ニシテ其分限喪失ノ後ニ生マレタル者ナルトキ
iii.　Where born of a person who has lost the nationality of Japanese, after such loss of the nationality ;
第四　歸化人ノ子ニシテ成年者ナルトキ
iv.　Where born of a naturalized person, and is a major.
第九條　日本人ノ分限ヲ選擇セント欲スル子ハ本國法律ニ從ヒテ成年ニ至リシ時ヨリ一个年內ニ其意思ヲ申述シ且其申述ヨリ一个年內ニ住所ヲ日本ニ定ム可シ
9.　A child who intends to elect the nationality of Japanese shall declare such intention within one year after he or she has attained the majority in accordance with the law of the country to which he or she belongs and shall fix his or her domicile in Japan within one year after such declaration.
成年ノ後ニ至リテ外國人ノ認知シタル私出子ハ認知ヨリ又歸化人ノ子ハ歸化ヨリ一个年內ニ右ノ申述ヲ爲スコトヲ得
A natural child acknowledged by a foreigner after he or she has attained the majority can make such declaration within one year after such acknowledgment, and a child of a naturalized person can make it within one year after the naturalization has taken place.
第十條　日本人ト婚姻スル外國ノ女ハ日本人ノ分限ヲ取得シ婚姻解消ノ後ト雖モ其分限ヲ保有ス
10.　A foreign woman who marries a Japanese acquires the nationality of Japanese, and keeps it even after the dissolution of such marriage.
第十一條　外國人ハ歸化ニ因リテ日本人ノ分限ヲ取得スルコトヲ得其條件及ヒ方式ハ特別法ヲ以テ之ヲ規定ス
11.　A foreigner can acquire the nationality of Japanese by naturalization, the conditions and formalities of which are provided for by special law.
歸化人ノ婦及ヒ未成年ノ子ハ日本ニ住居ヲ定メタルトキハ日本人ノ分限ヲ取得ス
The wife and minor child of a naturalized person acquire the nationality of Japanese when they have fixed their residence in Japan.
第二節　國民分限ノ喪失及ヒ囘復
SECTION II. LOSS AND RECOVERY OF NATIONALITY.
第十二條　日本人ハ左ノ場合ニ於テ其分限ヲ失フ
12.　A Japanese loses his or her nationality :--
第一　任意ニ外國人ノ分限ヲ取得シタルトキ
i.　When he or she has voluntarily acquired the nationality of a foreigner ;
第二　日本政府ノ允許ナクシテ外國政府ノ官職ヲ受ケ又ハ外國ノ軍隊ニ入リタルトキ
ii.　When he or she has accepted an official employment under a foreign Government or entered into the service of foreign army or navy, without obtaining the sanction of the Japanese Government.
第十三條　前條ノ場合ニ於テ日本人ノ分限ヲ失ヒタル者其分限ヲ囘復セント欲スルトキハ日本政府ノ允許ヲ得タル上歸國シテ其意思ヲ申述シ且一个年內ニ住所ヲ日本ニ定ムルトキハ其分限ヲ囘復ス
13.　Where a person who has lost the nationality of Japanese in the cases of the preceding Article intends to recover the same, he or she recovers it when he or she after coming back to Japan with the sanction of the Japanese Government declares such intention, and fixes his or her domicile in Japan within one year thereafter.
第十四條　日本人ノ分限ヲ失ヒタル者ノ婦及ヒ未成年ノ子ハ引續キ日本ニ住居スルニ非サレハ日本人ノ分限ヲ失フ但婦ハ第十五條第二項ノ規定ニ從ヒ又未成年ノ子ハ第九條第一項ノ規定ニ從ヒ其分限ヲ囘復スルコトヲ得
14.　The wife and minor child of a person who has lost the nationality of Japanese lose the nationality of Japanese, unless they reside in Japan continuously. The wife can, however, recover the same in accordance with the provision of the second paragraph of Article 15, and the minor child in accordance with the provision of the first paragraph of Article 9.
第十五條　外國人ト婚姻スル日本ノ女ハ日本人ノ分限ヲ失フ
15.　A Japanese woman who marries a foreigner loses the nationality of Japanese.
然レトモ婚姻解消ノ後日本ニ住居シ又ハ復歸シ且日本ニ住所ヲ定ムルコトヲ申述スルトキハ其分限ヲ囘復ス
She, however, recovers the same when after the dissolution of such marriage she resides in Japan, or returns to Japan and declares to fix her domicile in Japan.
第三節　國民分限變更ノ方式及ヒ效力
SECTION III. FORMALITIES FOR AND EFFECTS OF CHANGES OF NATIONALITY.
第十六條　國民分限ノ變更ニ關スル申述ハ日本ニ在リテハ住居地ノ身分取扱吏ニ外國ニ在リテハ日本公使館又ハ日本領事館ニ之ヲ爲ス可シ
16.　The declaration relating to changes of the nationality shall be made in Japan to the civil status official of the place of residence and in a foreign country to the Japanese Legation or Consulate.
此申述ハ部理代理人ヲ以テ之ヲ爲スコトヲ得
Such declaration may be made by a special agent.
第十七條　國民分限ノ變更ハ將來ニ非サレハ其效力ヲ生セス
17.　Changes of the nationality are only operative in future.
第十八條　國民分限ハ出生ノ時ヲ以テ之ヲ定ム然レトモ懷胎ヨリ出生マテノ間父又ハ母ノ分限ニ變更アリタルトキハ子ハ日本ニ住居スル場合ニ限リ日本人ノ分限ヲ保有ス
18.　The nationality is determined at the time of birth. Where, however, any change has taken place in the nationality of the father or mother during the time of from conception to birth, the child keeps the nationality of Japanese in so far as the latter resides in Japan.
第三章　親屬及ヒ姻屬
CHAPTER III. CONSANGUINITY AND AFFINITY.
第十九條　親屬トハ血統ノ相聯結スル者ノ關係ヲ謂フ
19.　Consanguinity is the relation of the persons connected to each other by blood.
六親等ノ外ハ親屬ノ關係アルモ民法上ノ效力ヲ生セス
Any relation of consanguinity other than the six degrees of the same produces no civil effects.
第二十條　親屬ノ遠近ハ世數ヲ以テ之ヲ定メ一世ヲ以テ一親等トス
20.　The proximity of consanguinity is determined by the number of generations, and one generation is one degree of consanguinity.
親等ノ連續スルヲ親系ト爲ス彼ヨリ此ニ直下スル者ノ親系ヲ直系ト謂ヒ其直下セスシテ同始祖ニ出ツル者ノ親系ヲ傍系ト謂フ
The series of degrees forms the line of consanguinity. The line of consanguinity between persons directly descending from one to the other is the direct line, and the line between persons descending not in such a line but from the common ancestor is the collateral line.
直系ニ於テ自己ノ出ツル所ノ親族ヲ尊屬親ト謂ヒ自己ヨリ出ツル所ノ親族ヲ卑屬親ト謂フ
The relatives by consanguinity from whom a person descends in the direct line are his or her ascendants, and those relatives who descend from a person in such line are his or her descendants.
第二十一條　直系ニ於テハ親族ノ世數ヲ算シテ親等ヲ定ム
21.　In the direct line, the degree of consanguinity is determined by computing the number of generations between the relatives.
傍系ニ於テハ親族ノ一人ヨリ同始祖ニ遡リ又其始祖ヨリ他ノ一人ニ下タル其間ノ世數ヲ算シテ親等ヲ定ム
In the collateral line, such degree is determined by computing the number of generations ascending from one of the relatives up to the common ancestor and descending from such ancestor down to the other.
第二十二條　養子緣組ハ養子ト養父母及ヒ其親族トノ間ニ親屬ニ同シキ關係ヲ生ス但養子トハ男女ヲ總稱ス
22.　The adoption produces the relation equal to the consanguinity between the adopted and adopting father and mother as well as their relatives by consanguinity. The adopted means both male and female sexes.
第二十三條　嫡母、繼父又ハ繼母ト其配偶者ノ子トノ關係ハ親子ニ準ス
23.　The relation between tekibo (wife of the father of an illegitimate or natural child) or step-fathers or step-mothers and the children of their spouses is analogous to the relation between parents and children.
第二十四條　姻屬トハ婚姻ニ因リテ夫婦ノ一方ト其配偶者ノ親族トノ間ニ生スル關係ヲ謂フ
24.　Affinity is the relation produced by marriage between one of husband and wife and the relatives by consanguinity of the other.
然レトモ婦ノ夫家ニ於ケル又入夫ノ婦家ニ於ケル尊屬親トノ關係ハ親屬ニ準ス
The relation, however, between the wife and the ascendants in the house of her husband, and between niufu (husband who enters into the house of his wife) and the ascendants in the house of his wife, is analogous to the consanguinity.
第二十五條　夫婦ノ一方ノ親族ハ其親系及ヒ親等ニ於テ配偶者ノ姻族トス
25.　The relatives by consanguinity of one of husband and wife are relatives by affinity of the other in the same lines and degrees as in those of consanguinity.
姻屬ノ關係ハ婚姻無效ノ判決又ハ離婚ニ因リテ止ム又生存配偶者其家ヲ去ルニ因リテ止ム
The affinity ceases to exist by a judgment for nullity of marriage or divorce, or by the surviving spouse leaving the house.
第二十六條　直系ノ親族ハ相互ニ養料ヲ給スル義務ヲ負擔ス
26.　The relatives by consanguinity in the direct line are bound to give aliment to each other.
嫡母、繼父又ハ繼母ト其配偶者ノ子トノ間及ヒ婦又ハ入夫ト夫家又ハ婦家ノ尊屬親トノ間モ亦同シ
The same applies as between tekibo or stepfather or step-mother and the children of their spouses, as well as between wife or niufu and the ascendants of the house of her husband or his wife.
第二十七條　兄弟姊妹ノ間ニハ疾病其他本人ノ責ニ歸セサル事故ニ因リテ自ラ生活スル能ハサル場合ニ限リ相互ニ養料ヲ給スル義務アリ
27.　As between brothers and sisters, they are only bound to give aliment to each other where they cannot live themselves by sickness or any other causes not attributable to them.
第二十八條　養料ノ義務ヲ負擔ス可キ者ノ順位ハ左ノ如シ
28.　The rank of the persons bound to give alimen is as follows :--
第一　第二十六條ニ揭ケタル者
i.　Those in Article 26 mentioned ;
第二　兄弟姊妹
ii.　Brothers and sisters.
直系ノ親族ノ間ハ其親等ノ最モ近キ者養料ノ義務ヲ負擔ス
As between the relatives by consanguinity in the direct line, those most proximate in the degree are bound to give aliment.
第二十九條　養料ハ之ヲ受ク可キ者ノ必需ト之ヲ給ス可キ者ノ資產トニ應シテ其額ヲ定ム
29.　Aliment is determined in its amount in proportioin to the necessity of the person who is to receive it and the means of one who is to give it.
第四章　婚姻
CHAPTER IV. MARRIAGE.
第一節　婚姻ヲ爲スニ必要ナル條件
SECTION I. CONDITIONS NECESSARY FOR MARRIAGE.
第三十條　男ハ滿十七年女ハ滿十五年ニ至ラサレハ婚姻ヲ爲スコトヲ得ス
30.　A man before the full age of seventeen, and a woman before full fifteen, cannot contract marriage.
第三十一條　配偶者アル者ハ重子テ婚姻ヲ爲スコトヲ得ス
31.　A person who has the spouse cannot contract another marriage.
第三十二條　夫ノ失踪ニ原因スル離婚ノ場合ヲ除ク外女ハ前婚解消ノ後六个月內ニ再婚ヲ爲スコトヲ得ス
32.　Except in case of divorce for absence of the husband, a woman cannot contract a second marriage within six months after the dissolution of the first.
此制禁ハ其分娩シタル日ヨリ止ム
This prohibition ceases from the day on which she has given birth to a child.
第三十三條　姦通ノ原因ニ由リテ離婚ノ裁判ヲ言渡サレタル曲者ハ相姦者ト婚姻ヲ爲スコトヲ得ス
33.　The party against whom the decision of divorce has been pronounced on the ground of adultery cannot contract marriage with his or her accomplice.
第三十四條　直系ニ於テハ尊屬親ト卑屬親トノ間婚姻ヲ禁ス
34.　In the direct line, marriage is prohibited between the ascendants and descendants.
第三十五條　傍系ニ於テハ兄弟姊妹及ヒ伯叔父姑甥姪ノ間婚姻ヲ禁ス
35.　In the collateral line, marriage is prohibited between brother and sister, and between uncle and niece, and between aunt and nephew.
第三十六條　直系ノ姻族ノ間ハ其關係ノ止ミタル後ト雖モ婚姻ヲ禁ス
36.　Marriage is prohibited between the relatives by affinity in the direct line even after such relation has ceased to exist.
第三十七條　養子ト養父母又ハ其尊屬親トノ間及ヒ養父母又ハ其尊屬親ト養子ノ配偶者又ハ其卑屬親トノ間ハ離緣ノ後ト雖モ婚姻ヲ禁ス
37.　Marriage is prohibited between the adopted on the one part and the adopting father and mother or their ascendants on the other, and between such father and mother or their ascendants on the one part and the spouse or descendants of such adopted on the other, even after the adoption has been dissolved.
第三十八條　子ハ父母ノ許諾ヲ受クルニ非サレハ婚姻ヲ爲スコトヲ得ス
38.　A child cannot contract marriage without the permission of the father and mother.
父母ノ一方カ死亡シ又ハ其意思ヲ表スル能ハサルトキハ他ノ一方ノ許諾ヲ以テ足ル
Where one of the father and mother is dead or cannot express his or her intent, the permission of the other suffices.
繼父又ハ繼母アル場合ニ於テ其配偶者タル母又ハ父ノ死亡シ又ハ其意思ヲ表スル能ハサルトキハ繼父又ハ繼母ノ許諾ヲ受ク可シ其許諾ニ付テハ第九章第三節ノ規定ヲ適用ス
Where there is a step-father or step-mother and the mother or father who is his or her spouse is dead or cannot express her or his intent, the permission of the step-father or step-mother shall be obtained. The provisions of Chapter IX, Section III apply to such permission.
第三十九條　父母共ニ死亡シ又ハ其意思ヲ表スル能ハサルトキハ其家ノ祖父母ノ許諾ヲ受ク可シ
39.　Where both the father and mother are dead or cannot express their intent, the permission of the grandfather and grandmother in the house shall be obtained.
祖父母ノ一方カ死亡シ又ハ其意思ヲ表スル能ハサルトキハ他ノ一方ノ許諾ヲ以テ足ル
Where one of the grandfather and grandmother is dead or cannot express his or her intent, the permission of the other suffices.
第四十條　父母、祖父母悉ク死亡シ又ハ其意思ヲ表スル能ハサルトキハ滿二十年ニ至ラサル者ニ限リ後見人ノ許諾ヲ受ク可シ
40.　Where all of the father, mother, grandfather, and grandmother are dead or cannot express their intent, the permission of the guardian shall be obtained only by one who has not attained the full age of twenty years.
第四十一條　父母ノ知レサル子ハ二十年未滿ニ限リ後見人ノ許諾ヲ受ク可シ
41.　With respect to a child whose father and mother are unknown, the permission of the guardian shall be obtained only by one who has not attained the full age of twenty years.
第四十二條　育兒院ニ在リテ父母ノ知レサル子ノ婚姻ハ二十年未滿ニ限リ院長ノ許諾ヲ受ク可シ
42.　With respect to marriage of a child who is in a Foundling Asylum and whose father and mother are unknown, the permission of the superintendent of the Asylum shall be obtained only by one who has not attained the full age of twenty years.
第二節　婚姻ノ儀式
SECTION II. FORMALITIES FOR CELEBRATION OF MARRIAGE.
第四十三條　婚姻ノ儀式ハ當事者ノ一方ノ住所又ハ居所ノ地ニ於テ之ヲ行フ可シ
43.　The marriage shall be celebrated at the place of domicile or residence of one of the parties.
雙方ハ婚姻ノ儀式ヲ行フ前ニ其地ノ身分取扱吏ニ婚姻ヲ爲サントスル申出ヲ爲スコトヲ要ス但此申出ハ代理人ヲ以テ之ヲ爲スコトヲ得
The both parties must before celebrating the marriage make a statement thereof to the civil status official of the place. Such statement can be made by their agent.
第四十四條　雙方ハ前條ノ申出ヲ爲ス時ニ於テ左ノ書類ヲ差出タス可シ
44.　At the time of making the statement in the preceding Article mentioned, the both parties shall produce the following documents :--
第一　出生證書
i.　The document of birth ;
第二　前婚ノ解消ヲ證スル證書
ii.　The document proving the dissolution of the former marriage ;
第三　婚姻ニ必要ナル許諾書又ハ其許諾ヲ得ル能ハサル事由ヲ證スル書類
iii.　The permission in writing required for the marriage, or the writing proving the reason that such permission cannot be obtained.
第四十五條　雙方又ハ一方カ出生證書ヲ呈示スル能ハサルトキハ出生地、住所又ハ居所ノ區裁判所ノ授付シタル保證書ヲ以テ出生證書ニ代用スルコトヲ得
45.　Where the both parties or one of them cannot present the document of birth, a certificate issued by the Local Court of the place of birth, domicile or residence may be substituted for such document.
保證書ハ男女ヲ問ハス又親族ト否トヲ問ハス證人二人カ左ノ諸件ニ付キ區裁判所ニ爲シタル申述ヲ記載ス
The certificate mentions such statements as made to the Local Court by two witnesses whether male or female and whether the relatives by consanguinity of the party concerned or not, as to the following particulars :--
第一　本人ノ氏名、職業、住所及ヒ居所竝ニ其父母分明ナルトキハ其氏名、職業、住所及ヒ居所
i.　The names, calling, domicile, and place of residence of the party concerned, as well as the names, calling, domicile, and place of residence of his or her father and mother if known ;
第二　本人ノ出生ノ地及ヒ年月日
ii.　The place, year, month, and day of birth of the party ;
第三　本人ノ出生證書ヲ呈示スル能ハサル原因及ヒ證人ノ其事實ヲ聞知シタル緣由
iii.　The causes by which the party cannot present the document of birth, and the reasons for which, the witnesses have known such fact.
第四十六條　身分取扱吏ハ婚姻ノ儀式ヲ行フ障碍ト爲ル可キ法律上ノ原因アルコトヲ知リタルトキハ其儀式ヲ行フコトヲ差止ム可シ
46.　The civil status official shall stop the celebration of marriage when he has known that there exists a legal cause which will prevent the marriage from being celebrated.
此場合ニ於テハ身分取扱吏ハ理由ヲ記シタル差止書ヲ授付ス可シ
In such case the civil status official shall issue the writing directing such stopping and giving the grounds therefor.
當事者此差止ヲ不當ナリト思料スルトキハ區裁判所ニ抗吿シテ其取消ヲ求ムルコトヲ得
Where the parties consider such stopping improper, they can demand its annulment to the Local Court by way of complaint.
裁判所ハ休暇事件ト同シク之ヲ取扱フ可シ
The Court shall transact such matter in the same manner as vacation business.
第四十七條　婚姻ハ證人二人ノ立會ヲ得テ慣習ニ從ヒ其儀式ヲ行フニ因リテ成ル
47.　The marriage comes to existence by celebrating it in the presence of two witnesses in conformity with the usage.
當事者ノ承諾ハ此儀式ヲ行フニ因リテ成立ス
The consent of the parties exists by such celebration.
第四十八條　婚姻ノ儀式ハ其申出ノ日ヨリ三日後三十日內ニ之ヲ行フコトヲ要ス
48.　The celebration of marriage must take place not earlier than three days nor later than thirty days from the statement thereof.
第四十九條　婚姻ノ儀式ヲ行ヒタルトキハ雙方ヨリ十日內ニ身分取扱吏ニ其屆出ヲ爲ス可シ但此屆出ハ代理人ヲ以テ之ヲ爲スコトヲ得
49.　Where the marriage has been celebrated, the both parties shall declare thereof to the civil status official within ten days thereafter. Such declaration can be made by their agent.
第三節　日本人外國ニ於テ爲シ及ヒ外國人日本ニ於テ爲ス婚姻
SECTION III. MARRIAGE CONTRACTED BY JAPANESE IN FOREIGN COUNTRY AND BY FOREIGNER IN JAPAN.
第五十條　外國ニ於テ日本人ノ間又ハ日本人ト外國人トノ間ニ婚姻ヲ爲ストキハ其國ノ規則ニ從ヒテ儀式ヲ行フコトヲ得但本章第一節ニ定メタル條件ニ違背セサルコトヲ要ス
50.　Where in a foreign country the marriage is contracted between the Japanese or a Japanese and foreigner, it can be celebrated in accordance with the rules of such country. In such case, however, the conditions provided for in Section I of this Chapter must be observed.
第五十一條　外國ニ於テ日本人ノ間ニ日本ノ規則ニ從ヒテ婚姻ヲ爲ストキハ其國ニ在ル日本公使館又ハ日本領事館ニ婚姻ノ申出ヲ爲スコトヲ要ス
51.　Where in a foreign country the marriage is contracted between the Japanese in accordance with the Japanese rules, the statement thereof must be made to the Japanese Legation or Consulate in such country.
婚姻ノ儀式ヲ行ヒタルトキハ第四十九條ノ規定ニ從ヒテ其屆出ヲ爲ス可シ
When such marriage has been celebrated, it shall be declared in accordance with the provision of Article 49.
第五十二條　日本ニ於テ外國人カ婚姻ヲ爲サントスルトキハ其能力ハ本國ノ法律ニ從フ但第三十一條乃至第三十七條ノ條件ニ違背セサルコトヲ要ス
52.　Where a foreigner intends to contract the marriage in Japan, his or her legal capacity is governed by the law of the country to which he or she belongs. In such case, however, the conditions provided for in Articles 31-37 must be observed.
外國人ハ婚姻ノ申出ヲ爲ス時ニ於テ婚姻ヲ爲スニ障碍ナキコトヲ證スル本國相當官署ノ認定書ヲ差出タス可シ
A foreigner shall produce at the time when he or she makes a statement of the marriage a document proving that there is no obstacle preventing him or her from contracting it and certified by the competent authorities of the country to which he or she belongs.
第四節　婚姻成立ノ證據
SECTION IV. EVIDENCE FOR EXISTENCE OF MARRIAGE.
第五十三條　婚姻成立ノ證據ハ婚姻證書ヲ以テ之ヲ擧ク可シ但第二百九十一條ニ規定スルモノハ此限ニ在ラス
53.　The existence of marriage shall be proved by the document of marriage, except in the cases provided for in Article 291.
第五十四條　婚姻證書ヲ增減シ毀棄シ隱匿シ又ハ片紙ニ記載シタル場合ニ於テ刑事又ハ民事ノ訴訟ニ因リテ婚姻ノ成立ヲ認メタル判決ハ之ヲ婚姻證書ニ代用スルコトヲ得
54.　Where the contents of the document of marriage is augmented or restricted, or such document is destroyed or concealed or written down on a sheet of paper, the judgment recognizing the existence of marriage obtained by a criminal or civil action can be substituted for the document of marriage.
第五節　婚姻ノ不成立及ヒ無效
SECTION V. NON-EXISTENCE AND NULLITY OF MARRIAGE.
第五十五條　人違、喪心又ハ强暴ニ因リテ雙方又ハ一方ノ承諾ノ全ク欠缺シタル婚姻ハ不成立トス
55.　The marriage in which the consent of the both parties or one of them is entirely wanting on account of a mistake in the person, unsound mind or coercion does not exist.
第三十四條乃至第三十七條ノ規定ニ違ヒテ爲シタル婚姻モ亦不成立トス
The marriage contracted in contravention of the provisions of Articles 34-37 does not also exist.
婚姻ノ不成立ハ何人ニ限ラス何時ニテモ之ヲ申立ツルコトヲ得
Non-existence of a marriage can be at any time stated by any person.
第五十六條　第三十條、第三十一條及ヒ第三十三條ノ規定ニ違ヒテ婚姻ヲ爲シタルトキハ雙方、尊屬親又ハ現實ノ利益ヲ有スル者ヨリ何時ニテモ其無效ヲ請求スルコトヲ得
56.　Where the marriage has been contracted in contravention of the provisions of Articles 30, 31, and 33, the both parties, their ascendants, or those who have actual interests can at any time demand nullity of such marriage.
右同一ノ場合ニ於テ檢事ハ夫婦ノ生存中ニ限リ職權ヲ以テ婚姻ノ無效ヲ請求スルコトヲ得
In similar cases, the Public Procurator can of his own motion demand the nullity of the marriage only during the life of the husband and wife.
第五十七條　不適齡ニ付キ無效ヲ請求スル權利ハ左ノ場合ニ於テ消滅ス
57.　The right demanding the nullity of marriage on the ground of the improper age becomes extinguish ed :--
第一　適齡ナラサリシ者カ適齡ニ至レル後明示ニテ婚姻ヲ認諾シ又ハ三个月ヲ過キタルトキ
i.　Where one who was not in the proper age has expressly ratified the marriage or three months have elapsed after he or she attained the proper age ;
第二　無效ノ請求後ト雖モ婦カ適齡ナラスシテ懷胎シタルトキ
ii.　Where the wife is pregnant, while she is not in the proper age, even after nullity of marriage has been demanded ;
第三　夫カ適齡ナラスシテ婦ノ懷胎シタルトキ但婦ノ姦通ヲ證スルトキハ格別ナリトス
iii.　Where the wife is pregnant while her husband is not in the proper age, except in the case in which adultery of the wife is proved.
第五十八條　重婚ニ原因スル婚姻無效ノ請求アリタル場合ニ於テ後婚ノ雙方カ前婚ノ不成立、無效又ハ離婚ヲ主張スルトキハ先ツ其裁判ヲ爲ス可シ
58.　Where the nullity of the marriage is demanded on the ground of a bigamy and the both parties to the subsequent marriage insist on the non-existence or nullity of the prior marriage or the divorce, the Court shall at first decide the same.
前婚ノ配偶者カ失踪シタルトキハ其失踪中ハ重婚ノ無效訴權ヲ行フコトヲ得ス
Where one of the parties to the prior marriage is absent, the right of action for nullity of bigamy cannot be exercised during such absence.
第五十九條　左ノ場合ニ於テハ婚姻ハ無效トス
59.　The marriage is nulll and void :--
第一　身分取扱吏ニ婚姻ノ申出ヲ爲サス又ハ其差止ヲ受ケタルニ拘ハラス儀式ヲ行ヒタルトキ
i.　Where the statement of the marriage has not been made to the civil status official, or the marriage has been celebrated with out regard to the stopping made by him ;
第二　身分取扱吏ノ管轄違ナルトキ
ii.　Where the civil status official is incompetent ;
第三　第四十八條ノ規定ニ違ヒテ儀式ヲ行ヒタルトキ
iii.　Where the marriage has been celebrated in contravention of the provision of Article 48 ;
第四　證人二人ノ立會ナクシテ儀式ヲ行ヒタルトキ
iv.　Where the marriage has been celebrated without presence of two witnesses.
此無效ハ第五十六條ニ揭ケタル者ヨリ之ヲ請求スルコトヲ得但婚姻儀式後一个年ヲ過キタルトキハ無效訴權ヲ行フコトヲ得ス
Such nullity of the marriage can be demanded by those in Article 56 mentioned. The right of action for nullity cannot, however, be exercised when one year has elapsed after the celebration of marriage.
第六十條　第三十八條乃至第四十二條ニ定メタル許諾ナクシテ婚姻ヲ爲シタルトキハ其許諾ヲ與フ可キ者又ハ之ヲ受ク可キ者ヨリ其無效ヲ請求スルコトヲ得
60.　Where the marriage has been contracted without the permission provided for in Articles 38-42, its nullity can be demanded by any one of those who are to give or to receive such permission.
許諾アリタル場合ト雖モ其許諾カ强暴ニ原因シタルトキモ亦同シ
The same applies to the case of the permission caused by coercion even though it has been given.
第六十一條　前條ノ場合ニ於テ婚姻ノ許諾ヲ與フ可キ者カ婚姻ヲ認諾セスシテ死亡シ又ハ其意思ヲ表スル能ハサルトキハ法律ニ定メタル順位ニ從ヒテ其許諾ヲ與フ可キ者ハ無效訴權ヲ行フコトヲ得
61.　Where, in the cases mentioned in the preceding Article, those who are to give their permission for the marriage are dead without ratifying the same or cannot express their intent, the right of action for nullity can be exercised by those who are to give their permission in accordance with the rank determined by law.
第六十二條　第六十條ニ揭ケタル無效訴權ハ左ノ場合ニ於テ消滅ス
62.　The right of action for nullity in Article 60 mentioned becomes extinguished :--
第一　婚姻ノ許諾ヲ與フ可キ者カ認諾ヲ爲シ又ハ婚姻アリタルコトヲ知リシ後三个月ヲ過キタルトキ
i.　Where those who are to give their permission for the marriage have ratified it, or three months have elapsed after they knew of the mairriage contracted ;
第二　三个月內ト雖モ許諾ヲ受ク可キ者カ婚姻上ノ成年ニ至リ又ハ死亡シタルトキ
ii.　Where even within such three months those who are to receive the permission have attained their matrimonial majority or are dead.
第六十三條　强暴ニ因リテ承諾ニ瑕疵アル婚姻ノ無效ハ强暴ヲ受ケタル者ニ限リ之ヲ請求スルコトヲ得
63.　The nullity of the marriage which has been contracted with the vicious consent obtained by coercion can only be demanded by one who has been coerced.
第六十四條　前條ノ場合ニ於テ配偶者强暴ヲ免カレタル後明示ニテ認諾シ又ハ三个月間引續キ同居シタルトキハ婚姻ノ無效ヲ請求スルコトヲ得ス其同居セサル場合ニ於テモ無效訴權ハ一个年ヲ以テ消滅ス
64.　Where, in the case of the preceding Article, the spouse has expressly ratified the marriage after he or she was freed from the coercion, or has co-habited for three months consecutively, the nullity of the marriage cannot be demanded. Even though the co-habitation does not take place, the right of action for nullity becomes extinguished by one year.
第六十五條　裁判所ハ婚姻ノ不成立又ハ無效ノ訴訟中夫婦ノ一方ノ請求ニ因リ又ハ職權ヲ以テ婦又ハ夫ニ住家ヲ去ル可キヲ命スルコトヲ得
65.　The Court can, on demand of one of the husband and wife, or of its own motion, direct one of them to go away from the dwelling-house during the course of the suit for the non-existence or nullity of the marriage.
第六十六條　無效ノ言渡アリタル婚姻ハ子ニ付テハ其出生ノ婚姻前後ナルヲ問ハス法律上ノ效力ヲ生ス
66.　The marriage the nullity of which has been pronounced is legally operative for a child whether the birth of such child has taken place before such marriage or after it.
第六節　婚姻ノ效力
SECTION VI. EFFECTS OF MARRIAGE.
第六十七條　婚姻ハ其儀式ヲ行ヒタル日ヨリ效力ヲ生ス但夫婦財產契約ニ付テハ婚姻ノ屆出後ニ非サレハ第三者ニ對シテ婚姻ノ效力ヲ援用スルコトヲ得ス
67.　The marriage is operative from the day on which it has been celebrated. With regard to the marriage contract, the effects of the marriage cannot, however, be relied on against third persons until after the declaration thereof.
第六十八條　婦ハ夫ノ許可ヲ得ルニ非サレハ贈與ヲ爲シ之ヲ受諾シ不動產ヲ讓渡シ之ヲ擔保ニ供シ借財ヲ爲シ債權ヲ讓渡シ之ヲ質入シ元本ヲ領收シ保證ヲ約シ及ヒ身體ニ覊絆ヲ受クル約束ヲ爲スコトヲ得ス又和解ヲ爲シ仲裁ヲ受ケ及ヒ訴訟ヲ起スコトヲ得ス
68.　The wife cannot, unless authorized by her husband, make or accept donations, alienate immovables, give them for guaranty, contract loans of money, alienate or pledge the rights of claim, receive capitals, engage in suretyship, enter into any promises by which she binds her person, make compromises, accept arbitrations, and institute actions.
第六十九條　夫ノ許可ハ特定又ハ總括ナルコトヲ得但總括ノ許可ハ證書ヲ以テ之ヲ與フルコトヲ要ス
69.　The authorization of the husband may be either specific or universal. The universal authorization must be given by a document.
夫ハ夫婦財產契約ニ依リテ與ヘタル總括ノ許可ト雖モ之ヲ廢罷スルコトヲ得
The husband can revoke even the universal authorization given under the marriage contract.
第七十條　左ノ場合ニ於テハ婦ハ夫ノ許可ヲ得ルコトヲ要セス
70.　The wife is not required to be authorized by her husband :--
第一　夫カ失踪ノ推定ヲ受ケタルトキ
i.　Where he has been presumed to be absent ;
第二　夫カ禁治產又ハ准禁治產ヲ受ケタルトキ
ii.　Where he has been interdicted or quasiinterdicted ;
第三　夫カ瘋癲ノ爲メ病院又ハ監置ニ在ルトキ
iii.　Where he is in an hospital or under custody, on account of his lunacy.
第七十一條　夫ハ婦ニ與ヘタル許可ニ因リテ義務ヲ負擔セス
71.　The husband is not bound by the authorization given by him to his wife.
第七十二條　夫ノ許可ヲ得スシテ婦ノ爲シタル行爲ハ之ヲ銷除スルコトヲ得
72.　The acts done by the wife without the authorization of her husband can be rescinded.
此銷除ハ夫婦ノ各自及ヒ婦ノ承繼人ニ非サレハ之ヲ請求スルコトヲ得ス
Such rescission can only be demanded by either of the husband and wife, and her successors.
第七十三條　夫ニ屬スル銷除訴權ハ其銷除シ得ヘキ行爲ヲ知リタル日ヨリ五个年ノ時效ニ因リ又ハ婚姻ノ解消ニ因リテ消滅ス
73.　The right of action for rescission belonging to the husband becomes extinguished by either the prescription of five years from the day on which such act as may be rescinded came to his knowledge, or the dissolution of the marriage.
婦及ヒ其承繼人ニ屬スル銷除訴權ハ婚姻解消ノ日ヨリ五个年ノ時效ニ因リテ消滅ス
Such right belonging to the wife and her successors becomes extinguished by the prescription of five years from the day of the dissolution of the marriage.
財產編第五百四十四條以下ノ規定ハ本條ノ銷除訴權ニ之ヲ適用ス
The provisions of Article 544 and following Articles of the Book on the Law of Property apply to the right of action for rescission in this Article mentioned.
第七節　罰則
SECTION VII. PENALTY.
第七十四條　婚姻申出ノ時ニ必要ノ書類ヲ差出タサシメサル身分取扱吏ハ貳圓以上貳拾圓以下ノ過料ニ處ス
74.　The civil status official who has not required the necessary writings to be produced at the time of the statement of marriage, is liable to a fine of from 2 to 20 yen.
第七十五條　婚姻ノ不成立又ハ無效タル可キ法律上ノ原因アルヲ知リテ其儀式ヲ行フコトヲ差止メサル身分取扱吏ハ三圓以上三拾圓以下ノ罰金ニ處ス
75.　The civil status official, who knowing that there exists the legal cause from which the non-existence or nullity of the marriage would result has not stopped the celebration of marriage, is liable to a fine of from 3 to 30 yen.
第七十六條　第三十二條ノ制禁ニ違背シテ再婚ヲ爲シタル婦ハ貳圓以上貳拾圓以下ノ罰金ニ處ス其情ヲ知リテ婚姻ヲ爲シタル夫及ヒ婚姻ノ儀式ヲ行フコトヲ差止メサル身分取扱吏モ亦同シ
76.　The wife who has contracted the second marriage in contravention of the prohibition in the Article 32 mentioned is liable to a fine of from 2 to 20 yen. The husband who has contracted such marriage with the knowledge of such fact and the civil status official who has not stopped its celebra tion with the same knowledge, are also liable to the same penalty.
第七十七條　夫婦ノ一方ニシテ婚姻ノ無效ヲ致シタル原因ヲ知リ之ヲ他ノ一方ニ隱祕シタル者ハ三圓以上三拾圓以下ノ罰金ニ處ス
77.　One of the husband and wife, who knowing the cause from which the nullity of the marriage has resulted has kept it secret from the other, is liable to a fine of from 3 to 30 yen.
第五章　離婚
CHAPTRE V. DIVORCE.
第一節　協議ノ離婚
SECTION I. DIVORCE BY MUTUAL CONSENT.
第七十八條　夫婦ハ下ニ定メタル條件及ヒ方式ニ從ヒ協議ヲ以テ離婚ヲ爲スコトヲ得
78.　The husband and wife can effect the divorce by their mutual consent in conformity with the conditions and formalities hereinafter provided for.
第七十九條　離婚セントスル夫婦ハ婚姻許諾ノ爲メ第四章第一節ニ定メタル規則ニ從ヒ各其父母、祖父母又ハ後見人ノ許諾ヲ受クルコトヲ要ス
79.　The husband and wife intending to effect the divorce must, in accordance with the rules laid down in respect to the permission for marriage in Section I of Chapter IV, receive the permission of their respective father, mother, grandfather, grandmother or guardian.
第八十條　夫婦ハ離婚協議書ニ左ノ書類ヲ添ヘテ身分取扱吏ニ屆出ツ可シ
80.　The husband and wife shall declare the divorce to the civil status official by handing over the writing of the divorce by mutual consent accompanied by the following :--
第一　婚姻證書
i.　The document of marriage ;
第二　離婚ノ許諾ヲ與フ可キ者ノ許諾書若シ其者死亡シ又ハ意思ヲ表スル能ハサルトキハ死亡證書又ハ其事由ヲ證スル書類
ii.　The permission for divorce in writing of those who are to give such permission, or the document of death if they are dead, or if they cannot express their intent, then the writing proving the reason therefor.
第二節　特定原因ノ離婚
SECTION II. DIVORCE FOR DETERMINED CAUSES.
第一款　離婚及ヒ不受理ノ原因
SUBSECTION I. CAUSES OF DIVORCE AND FOR NOT ENTERTAINING DEMAND FOR DIVORCE.
第八十一條　離婚ハ左ノ原因アルニ非サレハ之ヲ請求スルコトヲ得ス
81.　The divorce cannot be demanded unless it be for the following causes :--
第一　姦通但夫ノ姦通ハ刑ニ處セラレタル場合ニ限ル
i.　Adultery ; the husband's adultery is, however, limited to the case where he has been punished therefor ;
第二　同居ニ堪ヘサル暴虐、脅迫及ヒ重大ノ侮辱
ii.　Outrages, threats and grave insults which render co-habitation insupportable ;
第三　重罪ニ因レル處刑
iii.　Punishment for crimes ;
第四　竊盜、詐欺取財又ハ猥褻ノ罪ニ因レル重禁錮一年以上ノ處刑
iv.　Punishment of major imprisonment for one year or more for the offence of theft, swindling, or indecency ;
第五　惡意ノ遺棄
v.　Malicious desertion ;
第六　失踪ノ宣言
vi.　Declaration of absence ;
第七　婦又ハ入夫ヨリ其家ノ尊屬親ニ對シ又ハ尊屬親ヨリ婦又ハ入夫ニ對スル暴虐、脅迫及ヒ重大ノ侮辱
vii.　Outrages, threats and grave insults made by the wife or niufu towards the ascendants in the house or by the ascendants towards the wife or niufu.
第八十二條　離婚ノ請求ヲ爲ス一方ニ對シテ離婚ノ原因存スルトキハ他ノ一方モ反訴ヲ以テ離婚ヲ請求スルコトヲ得
82.　Where there exists a cause for divorce against one of the parties who demands the divorce, the other can also demand it by way of a cross-action.
然レトモ前條第三號及ヒ第四號ニ記載スル重罪又ハ輕罪ノ刑ニ處セラレタル一方ハ他ノ一方ノ處刑ヲ原因トシテ離婚ヲ請求スルコトヲ得ス
Nevertheless, one of the parties who has been punished for the crimes or delicts in the preceding Article, iii and iv mentioned, cannot demand the divorce for the cause of the punishment of the other.
第二款　假處分
SUBSECTION 2. PROVISIONAL DISPOSITIONS.
第八十三條　離婚ノ訴訟中子ノ監護ハ原吿又ハ被吿タルヲ問ハス夫ニ屬ス但入夫及ヒ婿養子ニ付テハ婦ニ屬ス
83.　During the course of the suit for divorce, the charge of the children rests with the husband whether he is the plaintiff or defendant. If the husband is a niufu or mukoyoshi (son adopted to marry the daughter of the adopter) it belongs to the wife.
然レトモ裁判所ハ夫、婦、親族又ハ檢事ノ請求ニ因リ子ノ利益ヲ慮リテ其監護ヲ他ノ一方又ハ第三者ニ命スルコトヲ得
Nevertheless, the Court can, by taking the interests of the children into consideration, direct on demand of the husband, wife or their relatives by consanguinity or the Public Procurator, the charge of the children to be taken by the other party or a third person.
第八十四條　離婚ノ訴訟中婦ハ原吿又ハ被吿タルヲ問ハス裁判所ノ許可ヲ得テ住家ヲ去ルコトヲ得此場合ニ於テハ自己ノ衣服其他ノ日用物品ヲ持去リ且必要アルトキハ養料ヲ請求スルコトヲ得
84.　During the course of the suit for divorce, the wife whether she is the plaintiff or defendant can go away from the dwelling-house by obtaining the permission of the Court. In this case she can carry away her clothes and other things of daily use, and demand aliment if necessity exists therefor.
裁判所ハ夫ノ意見ヲ聽キテ婦ノ移居ス可キ家屋ヲ指示スルコトヲ要ス若シ婦カ正當ノ理由ナクシテ其家屋ヲ去ルトキハ夫ハ養料ヲ拒ムコトヲ得
The Court must, after hearing the husband, designate a house to which the wife is to remove. If the wife goes away from such house without good and sufficient reasons, the husband may refuse her to give aliment.
第八十五條　入夫及ヒ婿養子ニ付テハ裁判所ハ離婚ノ訴訟中夫ヲシテ住家ヲ去ラシムルコトヲ得此場合ニ於テハ前條第一項ノ規定ヲ適用ス
85.　In respect to the niufu and mukoyoshi, the Court can direct the husband to go away from the dwelling-house during the course of the suit for divorce. In this case the provision of the first paragraph of the preceding Article applies.
第八十六條　裁判所ハ住家ヲ去ル婦又ハ夫ノ請求ニ因リ其財產ヲ保存スル爲メニ必要ナル處分ヲ命スルコトヲ得
86.　The Court can, on demand of the wife or husband going away from the dwelling-house, direct such dispositions as necessary for preserving her or his property.
第三款　離婚ノ訴
SUBSECTION 3. ACTION FOR DIVORCE.
第八十七條　離婚ヲ請求スル訴權ハ夫婦ノミニ屬ス
87.　The right of action demanding a divorce belongs only to the husband and wife.
第八十八條　離婚ノ原因ハ通常ノ證據方法ヲ以テ之ヲ證ス可シ但シ自白ノミヲ以テ之ヲ證スルコトヲ得ス又卑屬親ヲ除ク外親族、姻族又ハ雇人ニ關スル忌避ノ規定ヲ適用セス
88.　The cause of divorce shall be proved by the ordinary means of proof. It cannot, however, be proved only by admission. The provisions for refusal relating to the relatives by consanguinity or affinity or servants are not applied with the exception of the descendants.
第三節　離婚ノ效力
SECTION III. EFFECTS OF DIVORCE.
第八十九條　離婚ハ其屆出又ハ裁判確定ノ後ニ非サレハ效力ヲ生セス
89.　The divorce is only operative after the declaration has been made thereof or the decision thereon has become final and conclusive.
第九十條　離婚ノ後子ノ監護ハ夫ニ屬ス但入夫及ヒ婿養子ニ付テハ婦ニ屬ス
90.　After the divorce, the charge of the children rests with the husband. If he is a niufu or muhoyoshi, it belongs to the wife.
然レトモ裁判所ハ夫、婦、親族又ハ檢事ノ請求ニ因リ子ノ利益ヲ慮リテ之ヲ他ノ一方又ハ第三者ノ監護ニ付スルコトヲ得
Nevertheless, the Court can, by taking the interests of the children into consideration, commit, on demand of the husband, wife, relatives by consanguinity or Public Procurator, such children to the charge of the other party or a third person.
第六章　親子
CHAPTER VI. PARENTS AND CHILD.
第一節　親子ノ分限ノ證據
SECTION I. EVIDENCE FOR THE QUALITY OF PARENTS AND CHILD.
第九十一條　婚姻中ニ懷胎シタル子ハ夫ノ子トス
91.　A child conceived during the marriage is the child of the husband.
婚姻ノ儀式ヨリ百八十日後又ハ夫ノ死亡若クハ離婚ヨリ三百日內ニ生マレタル子ハ婚姻中ニ懷胎シタルモノト推定ス
A child born after one hundred and eighty days from the celebration of the marriage, or within three hundred days from the death of the husband or the divorce, is presumed as conceived during the marriage.
第九十二條　嫡出子ハ出生證書ヲ以テ之ヲ證ス
92.　The legitimacy of a child is proved by the document of birth.
第九十三條　出生證書ヲ呈示スル能ハサルトキハ親子ノ分限ハ嫡出子タル身分ノ占有ヲ以テ之ヲ證スルコトヲ得但第二百九十一條ノ規定ノ適用ヲ妨ケス
93.　Where the document of birth cannot be presented, the quality of parents and child can be proved by the possession of the status of a legitimate child ; without prejudice, however, to the application of the provisions of Article 291.
第九十四條　身分ノ占有トハ夫婦ト其婚姻ニ因リテ生マレタリト主張スル者トノ間其者ノ出生ノ時ヨリ親子ノ分限ヲ證スルニ足ル可キ事實ノ湊合スルヲ謂フ其事實ノ著明ナルモノ左ノ如シ
94.　The possession of the status is a combination of facts which will be sufficient to prove the quality of parents and child from the time of birth between the husband and wife and one who asserts to be born of their marriage. The principal of these facts are :--
第一　子ナリト主張スル者カ常ニ其父ナリトスル者ノ氏ヲ稱シタルコト
i.　That one who asserts to be the child has always borne the family name of his or her alleged father ;
第二　子ナリト主張スル者カ常ニ其父母ナリトスル者ヨリ嫡出子ノ如ク取扱ハレ其養育、敎育ヲ受ケタルコト
ii.　That one who asserts to be the child has always been treated as a legitimate child by his or her alleged father and mother and maintained and educated by them in that character ;
第三　子ナリト主張スル者カ常ニ親族及ヒ世上ニ於テ嫡出子ト認メラレタルコト
iii.　That one who asserts to be the child has always been recognized as a legitimate child by the relatives by consanguinity and in society.
第九十五條　庶子ハ父ノ屆出ニ基ク出生證書ヲ以テ之ヲ證ス但身分ノ占有ニ關スル規定ヲ適用ス
95.　The illegitimacy of a child is proved by the document of birth founded on the declaration made by the father. The provisions relating to the possession of status are applied thereto.
第九十六條　父ノ知レサル子ハ私生子トス
96.　A child whose father is unknown is the natural child.
第九十七條　私生子ハ出生證書ヲ以テ之ヲ證ス但身分ノ占有ニ關スル規定ヲ適用ス
97.　The quality of a natural child is proved by the document of birth. The provisions relating to the possession of status are applied thereto.
第九十八條　私生子ハ父之ヲ認知スルニ因リテ庶子ト爲ル
98.　A natural child becomes an illegitimate child upon being acknowledged by the father.
第九十九條　庶子ノ出生屆及ヒ認知ハ父自ラ身分取扱吏ニ之ヲ爲スコトヲ要ス未成年者ト雖モ自ラ之ヲ爲スコトヲ得
99.　The declaration of birth of an illegitimate child and the acknowledgment of such child must be made to the civil status official by the father himself. These can be made even by the minor himself.
第二節　否認訴權
SECTION II. RIGHT OF ACTION FOR DISAVOWAL.
第百條　否認訴權ハ夫ノミニ屬ス但子ノ出生後ニ非サレハ之ヲ行フコトヲ得ス
100.　The right of action for disavowal belongs only to the husband. Such right can only be exercised after the birth of a child.
第百一條　夫カ民事上ノ禁治產ヲ受ケタルトキハ後見人又ハ後見監督人ハ親族會ノ許可ヲ得テ否認訴權ヲ行フコトヲ得
101.　Where the husband has been civilly interdicted, the guardian or the supervisor of guardian can exercise the right of action for disavowal by obtaining the authorization of the family council.
第百二條　夫カ子ノ出生ノ場所ニ在ルトキハ出生ヨリ三个月ノ期間內ニ限リ否認訴權ヲ行フコトヲ得但夫カ婦ト住家ヲ異ニシ又ハ婦カ子ノ出生ヲ夫ニ隱祕シタルトキハ此期間ハ子ノ出生ヲ知リタル日ヨリ起算ス
102.　Where the husband happens to be in the place of birth of a child, he can only exercise the right of action for disavowal within the term of three months from such birth. Where the dwelling-house of the husband is different from that of the wife, or she keeps the birth of a child secret from him, such term begins to run from the day on which such birth has been known to him.
若シ夫カ遠隔ノ地ニ在ルトキハ訴權ノ期間ヲ四个月トシ子ノ出生ヲ知リタル日ヨリ起算ス
If the husband happens to be in a distant place, the term for such right of action is enlarged to four months that begin to run from the day on which the birth of a child has been known to him.
第三節　庶子及ヒ私生子ノ嫡出子ト爲ル權
SECTION III. RIGHT OF ILLEGITIMATE AND NATURAL CHILD TO BECOME LEGITIMATE CHILD.
第百三條　庶子ハ父母ノ婚姻ニ因リテ嫡出子ト爲ル
103.　An illegitimate child becomes legitimated by the marriage of his or her father and mother.
私生子ハ父母ノ婚姻ノ後父ノ認知シタルニ因リテ嫡出子ト爲ル
A natural child becomes legitimated by the acknowledgment having been made by his or her father after the marriage of his or her father and mother.
第百四條　死亡シタル子ト雖モ前條ノ規定ニ依リ嫡出子ト爲ル此場合ニ於テハ其效力ハ子ノ生ミタル子ヲ利ス
104.　Even a dead child becomes legitimated under the provisions of the preceding Article. In this case the effects of legitimation benefit the children born of such legitimated child.
第百五條　父母ノ婚姻ノ時マテニ父子ノ分限確定シタル者ハ婚姻ノ日ヨリ又婚姻ノ後ニ確定シタル者ハ確定ノ日ヨリ嫡出子ノ權利ヲ有ス
105.　Any one whose quality of father and child has irrevocably been established before the time of the marriage of his or her father and mother has the rights of a legitimate child from the day of their marriage, and one whose quality has been so established after their marriage has the same rights from the day of such establishment.
第七章　養子緣組
CHAPTER VIL ADOPTION.
第一節　養子緣組ニ必要ナル條件
SECTION I. CONDITIONS NECESSARY FOR ADOPTION.
第百六條　何人ト雖モ養子ト爲ル可キ者ヨリ年長ニシテ成年ナルニ非サレハ養子ヲ爲スコトヲ得ス
106.　Any person cannot adopt unless he or she is older than one who is to be adopted, and a major.
遺言ヲ爲ス能力アル者ハ遺言養子ヲ爲スコトヲ得
Any person who has the legal capacity to make a will can adopt by a will.
第百七條　家督相續ヲ爲ス可キ男子アル者ハ養子ヲ爲スコトヲ得ス
107.　Any person who has a son to succeed to the katoku (headship of house) cannot adopt.
第百八條　後見人ハ管理ノ計算ヲ爲ササル前ニ被後見人ヲ養子ト爲スコトヲ得ス但遺言養子ト爲スハ此限ニ在ラス
108.　The guardian cannot adopt the ward before he renders the account of administration, unless he adopts by a will.
第百九條　戶主ニ非サル者ハ養子ヲ爲スコトヲ得ス但推定家督相續人ニシテ戶主ノ許諾ヲ得タル者ハ此限ニ在ラス
109.　Any person who is not a koshu (master of house) cannot adopt, unless such person is a presumptive heir to katoku and has obtained the permission of the koshu.
第百十條　配偶者アル者ハ其配偶者ノ承諾ヲ得ルニ非サレハ養子ヲ爲スコトヲ得ス但配偶者カ其意思ヲ表スル能ハサルトキハ此限ニ在ラス
110.　Any person who has the spouse cannot adopt unless the consent of such spouse is obtained, except in the case where such spouse cannot express his or her intent.
配偶者アル者ハ其配偶者ト一致スルニ非サレハ養子ト爲ルコトヲ得ス
Any person having the spouse cannot be adopted unless be jointly with such spouse.
第百十一條　家督相續ニ因リテ戶主ト爲リタル者ハ他人ノ養子ト爲ルコトヲ得ス
111.　Any person who has become the koshu by the succession to katoku cannot be adopted by another.
又推定家督相續人ハ他人ノ養子ト爲ルコトヲ得ス
A presumptive heir to katoku cannot also be adopted by another.
然レトモ分家ヨリ本家ヲ承繼スル必要アルトキハ本條ノ規定ヲ適用セス
Where it is necessary that a main house (honke) should be succeeded by a member of its branch house (bunke), the provision of this Article does not apply.
第百十二條　外國人ハ日本人ノ養子ト爲ルコトヲ得ス
112.　A foreigner cannot be adopted by Japanese.
第二節　養子緣組ノ儀式
SECTION II. FORMALITIES OF ADOPTION.
第百十三條　養子緣組ハ當事者ノ承諾ニ因リテ成ル
113.　The adoption comes to existence by the consent of the parties.
此承諾ハ證人二人ノ立會ヲ得テ慣習ニ從ヒ緣組ノ儀式ヲ行フニ因リテ成立ス
This consent exists by celebrating the formalities of such adoption in presence of two witnesses in conformity with the usage.
緣組ノ儀式ヲ行フニ付テハ第四十三條、第四十六條及ヒ第四十八條ノ規定ヲ適用ス
The provisions of Articles 43, 46 and 48 apply to the celebration of the formalities of adoption.
第百十四條　當事者ハ身分取扱吏ニ緣組ノ申出ヲ爲ス時ニ於テ左ノ書類ヲ差出タス可シ
114.　The parties shall at the time of making the statement of adoption to the civil status official produce the following writings :--
第一　養子ヲ爲ス者及ヒ養子ト爲ル者ノ出生證書又ハ之ニ代用スル保證書
i.　The documents of birth of the adopter and adopted, or certificates to be substituted therefor ;
第二　家督相續ヲ爲ス可キ男子ナキコトヲ證スル身分取扱吏ノ認定書又ハ推定家督相續人廢除ノ證書
ii.　The certified document issued by the civil status official proving want of a son to succeed to katoku, or the document proving the exclusion of the presumptive heir to katoku ;
第三　配偶者ノ承諾書又ハ承諾ヲ得ル能ハサル事由ヲ證スル書類
iii.　The consent in writing of the spouse, or the writing proving the reason that such consent cannot be obtained ;
第四　後見管理ノ計算ヲ爲シタル證明書
iv.　The document proving that the account of the administration by guardian has been rendered ;
第五　緣組ニ必要ナル許諾書又ハ許諾ヲ得ル能ハサル事由ヲ證スル書類
v.　The permission in writing required for the adoption, or the writing proving the reason that such permission cannot be obtained.
第百十五條　滿十五年ニ至ラサル子ノ緣組ハ父母之ヲ承諾スルコトヲ得
115.　The adoption of a child who has not attained the full age of fifteen years can be consented to by the father and mother of such child.
父母ノ一方カ死亡シ又ハ其意思ヲ表スル能ハサルトキハ他ノ一方ニ於テ緣組ヲ承諾スルコトヲ得
Where one of the father and mother is dead or cannot express his or her intent, the other can consent to the adoption.
父母共ニ死亡シ又ハ其意思ヲ表スル能ハサルトキハ其家ノ祖父母若シ其一方カ死亡シ又ハ其意思ヲ表スル能ハサルトキハ他ノ一方ニ於テ緣組ヲ承諾スルコトヲ得
Where both the father and mother are dead or cannot express their intent, the grandfather and grandmother in the house can consent to the adoption, and if one of them is dead or cannot express his or her intent, the other can consent thereto.
第百十六條　滿十五年ニ至リタル者ハ父母ノ許諾ヲ受ケテ緣組ヲ承諾スルコトヲ得
116.　Any person who has attained the full age of fifteen years can consent to the adoption by obtaining the permission of the father and mother.
父母ノ一方カ死亡シ又ハ其意思ヲ表スル能ハサルトキハ他ノ一方ノ許諾ヲ以テ足ル
Where one of the father and mother is dead or cannot express his or her intent, the permission of the other suffices.
父母共ニ死亡シ又ハ其意思ヲ表スル能ハサルトキハ其家ノ祖父母ノ許諾ヲ受ク可シ若シ祖父母ノ一方カ死亡シ又ハ其意思ヲ表スル能ハサルトキハ他ノ一方ノ許諾ヲ以テ足ル
Where both the father and mother are dead or cannot express their intent, the permission of the grandfather and grandmother in the house shall be obtained, and if one of them is dead or cannot express his or her intent, the permission of the other suffices.
第百十七條　父母、祖父母悉ク死亡シ又ハ其意思ヲ表スル能ハサルトキハ二十年未滿ノ者ニ限リ前二條ニ定メタル年齡ノ區別ニ從ヒテ後見人之ヲ承諾シ又ハ其許諾ヲ與フ
117.　Where all of the father, mother, grandfather and grandmother are dead or cannot express their intent, the guardian gives, with regard to those only who have not attained the full age of twenty years, his consent to the adoption or his permission under the distinction of the age provided for in the two preceding Articles.
第百十八條　私生子ノ養子緣組ニ付テハ母之ヲ承諾シ又ハ其許諾ヲ與フ
118.　With regard to the adoption of a natural child, his or her mother consents theretp or gives the permission thereof.
父母ノ知レサル子ニ付テハ前條ノ規定ヲ適用ス
With regard to a child whose father and mother are unknown, the provision of the preceding Article applies.
第百十九條　前數條ノ場合ニ於テ繼父又ハ繼母アルトキハ第三十八條第三項ノ規定ヲ適用ス
119.　Where in the cases in the preceding Articles mentioned there is a step-father or step-mother, the provision of the third paragraph of Article 38 applies.
第百二十條　育兒院ニ在リテ父母ノ知レサル子ノ緣組ハ二十年未滿ニ限リ第百十五條及ヒ第百十六條ニ定メタル年齡ノ區別ニ從ヒテ院長之ヲ承諾シ又ハ其許諾ヲ與フルコトヲ得
120.　With respect to the adoption of a child who is in a Foundling Asylum and whose father and mother are unknown, the superintendent of the Asylum can, with regard to those only who have not attained the full age of twenty years, give his consent thereto or give his permission thereof under the distinction of the age provided for in the Articles 115 and 116.
第百二十一條　婿養子緣組ニ付テハ婚姻ノ申出ヲ爲ス時ニ於テ當事者ハ婿養子緣組ヲ爲スノ意思ヲ身分取扱吏ニ申出ツ可シ
121.　In respect to the adoption of a mukoyoshi, the parties shall at the time of stating the marriage, state to the civil status official their intent to make such adoption.
此緣組ニ必要ナル條件ノ欠缺スルトキハ身分取扱吏ハ婚姻ノ儀式ヲ差止ムルコトヲ得
Where the conditions required for such adoption are wanting, the civil status official can stop the celebration of marriage.
此緣組ハ婚姻ノ儀式ヲ行フニ因リテ成ル
Such adoption comes to existence by celebrating the marriage.
第百二十二條　遺言養子緣組ハ遺言書ヲ以テ之ヲ爲ス
122.　The adoption by a will is effected by a testament.
此遺言ハ養子ヲ爲ス者ノ死亡ノ日ニ家督相續ヲ爲ス可キ卑屬親アルトキハ其效ヲ失フ
Such will loses its validity when the adopter has a descendant to succeed to katoku at the day of his or her death.
第百二十三條　遺言養子ヲ爲ス者ノ死亡シタルトキハ第百十五條以下ノ規定ニ從ヒテ緣組ノ受諾ヲ爲ス可シ
123.　Where the person who adopts by a will is dead, the acceptance of the adoption shall be made in accordance with the provisions of Article 115 and following Articles.
第百二十四條　緣組ノ儀式ヲ行ヒ又ハ緣組ノ受諾ヲ爲シタルトキハ當事者ヨリ十日內ニ身分取扱吏ニ屆出ツ可シ但此屆出ハ代理人ヲ以テ之ヲ爲スコトヲ得
124.　Where the formalities of the adoption has been celebrated or the acceptance of the adoption has been made, the parties shall declare thereof to the civil status official within ten days thereafter. Such declaration can be made by their agent.
第百二十五條　第五十條乃至第五十二條ノ規定ハ之ヲ緣組ニ適用ス但本章第一節ニ定メタル條件ニ違背セサルコトヲ要ス
125.　The provisions of Articles 50-52 apply to the adoption. The conditions provided for in Section I of this Chapter must be observed.
第三節　養子緣組ノ證據
SECTION III. EVIDENCE FOR ADOPTION.
第百二十六條　緣組ハ緣組證書ヲ以テ之ヲ證ス但第二百九十一條ノ規定ノ適用ヲ妨ケス
126.　The adoption is proved by the document of adoption, without prejudice, however, to the application of the provisions of Article 291.
第五十四條ノ規定ハ緣組ニ之ヲ適用ス
The provision of Article 54 applies to the adoption.
第四節　養子緣組ノ不成立及ヒ無效
SECTION IV. NON-EXISTENCE AND NULLITY OF ADOPTION.
第百二十七條　緣組ハ人違、喪心又ハ强暴ニ因リテ承諾ノ全ク欠缺シタルトキハ不成立トス
127.　The adoption in which the consent is entirely wanting on account of a mistake in the person, unsound mind or coercion does not exist.
第百二十八條　緣組ハ本章第一節ニ定メタル條件ノ一ニ違背シタルトキハ無效トス
128.　The adoption is null and void when one of the conditions provided for in Section I of this Chapter is infringed.
此無效ハ第百三十條ノ場合ヲ除ク外當事者其他現實ノ利益ヲ有スル者及ヒ檢事ヨリ何時ニテモ之ヲ請求スルコトヲ得
Such nullity can, with the exception of the case in Article 130 mentioned, be demanded at any time by the parties and other persons having actual interests as well as the Public Procurator.
第百二十九條　緣組ハ左ノ場合ニ於テ無效トス
129.　The adoption is null and void :--
第一　緣組ノ申出ヲ爲サス又ハ身分取扱吏ノ差止ヲ受ケタルニ拘ハラス儀式ヲ行ヒタルトキ
i.　Where the statement of the adoption has not been made, or the formalities of the adoption have been celebrated without regard to the stopping made by the civil status official ;
第二　證人二人ノ立會ナクシテ儀式ヲ行ヒタルトキ
ii.　Where the formalities of the adoption have been celebrated without presence of two witnesses ;
第三　第四十八條ノ規定ニ違ヒテ儀式ヲ行ヒタルトキ
iii.　Where the formalities of the adoption have been celebrated in contravention of the provision of Article 48 ;
第四　緣組ノ申出ヲ受ケタル身分取扱吏ノ管轄違ナルトキ
iv.　Where the civil status official who has received the statement of the adoption is incompetent.
此無效ハ儀式後一个年內ニ限リ前條ニ揭ケタル者ヨリ之ヲ請求スルコトヲ得
Such nullity can be demanded by those in the preceding Article mentioned only within one year after the celebration of the formalities of the adoption.
第百三十條　第百八條又ハ第百九條但書ノ規定ニ違ヒタル緣組ノ無效ハ被後見人又ハ養家ノ戶主ニ非サレハ之ヲ請求スルコトヲ得ス
130.　The nullity of the adoption effected in contravention of the provisions of Article 108 and of the last part of Article 109 can only be demanded by the ward, or the koshu of the adopting hpuse.
被後見人カ成年ニ至リ又ハ戶主カ緣組ヲ知リタル後緣組ヲ認諾シ又ハ三个月ヲ過キタルトキハ其訴權ヲ失フ
They lose such right of action for nullity when they have ratified the adoption or three months have elapsed, after the ward attained his majority or the koshu knew such adoption.
第百三十一條　强暴ノ爲メ承諾ニ瑕疵アル緣組ノ無效ハ强暴ヲ受ケタル者ニ限リ之ヲ請求スルコトヲ得但强暴ヲ免カレタル後緣組ヲ認諾シ又ハ三个月ヲ過キタルトキハ其訴權ヲ失フ
131.　The nullity of the adoption which has been effected with the vicious consent obtained by coercion can only be demanded by one who has been coerced. Such right of action for nullity is lost when such adoption has been ratified or three months have elapsed, after the coercion was got rid of.
第百三十二條　第百十六條乃至第百二十條ニ定メタル許諾ナクシテ爲シタル緣組ノ無效ハ許諾ヲ與フ可キ者又ハ許諾ヲ受ク可キ者ニ非サレハ之ヲ請求スルコトヲ得ス
132.　The nullity of the adoption effected without the permission provided for in Articles 116-120 can only be demanded by any one of those who are to give or to receive such permission.
第六十條第二項、第六十一條及ヒ第六十二條ノ規定ハ此無效訴權ニ之ヲ適用ス
The provisions of the second paragraph of Article 60 and Articles 61 and 62 apply to such right of action for nullity.
第百三十三條　婿養子緣組ニ付テハ當事者ハ緣組又ハ婚姻ノ無效言渡ヲ原因トシテ婚姻又ハ緣組ノ無效ヲ請求スルコトヲ得但無效言渡ノ後三个月ヲ過キタルトキハ其訴權ヲ失フ
133.　With regard to the adoption of a mukoyoshi, the parties can demand the nullity of the marriage or adoption for the cause of the nullity of the adoption or marriage pronounced by the Court. Such right of action is lost when three months have elapsed after such nullity was pronounced.
第五節　養子緣組ノ效力
SECTION V. EFFECTS OF ADOPTION.
第百三十四條　養子ハ緣組ノ日ヨリ養家ニ於テ嫡出子ノ權利及ヒ義務ヲ有ス
134.　The adopted has from the day of the adoption the rights and duties of a legitimate child in the adopting house.
第百三十五條　養子ハ特別ニ職業ヲ營ムニ因リテ取得シタル利益及ヒ其齎帶シ又ハ相續、贈與若クハ遺贈ニ因リテ取得シタル財產ノ所有權ヲ有ス但未成年中ノ財產管理ハ第九章ノ規定ニ從ヒテ養父母ニ屬ス
135.　The adopted has the right of ownership of the profits acquired by carrying on business separately and of the property brought with him or her or acquired by successions, donations or legacies. The administration of property during the minority of the adopted belongs to the adopting father and mother in conformity with the provisions of Chapter IX.
第六節　罰則
SECTION VI. PENALTY.
第百三十六條　緣組申出ノ時ニ必要ノ書類ヲ差出タサシメサル身分取扱吏ハ二圓以上二十圓以下ノ過料ニ處ス
136.　The civil status official, who has not required the necessary writings to be produced at the time of the statement of adoption, is liable to a fine of from 2 to 20 yen.
緣組ノ不成立又ハ無效タル可キ法律上ノ原因アルコトヲ知リテ其儀式ヲ行フヲ差止メサル身分取扱吏ハ三圓以上三十圓以下ノ罰金ニ處ス
Such official, who knowing that there exists the legal cause from which the non-existence or nullity of the adoption would result has not stopped the celebration of the formalities of the adoption, is liable to a fine of from 3 to 30 yen.
第八章　養子ノ離緣
CHAPTER VIII. DISSOLUTION OF ADOPTION.
第一節　協議ノ離緣
SECTION I. DISSOLUTION BY MUTUAL CONSENT.
第百三十七條　養子ヲ爲シタル者及ヒ養子ト爲リタル者ハ協議ヲ以テ離緣ヲ爲スコトヲ得
137.　The adopter and adopted can dissolve the adoption by their mutual consent.
然レトモ十五年未滿ニテ養子ト爲リタル者ノ離緣ハ滿十五年ニ至ラサル間ニ限リ養子ヲ爲シタル者ト緣組承諾ノ權ヲ有スル者トノ協議ヲ以テ之ヲ爲ス
The dissolution of the adoption of any one who has been adopted before attaining the full age of fifteen years is, however, effected by the mutual consent of the adopter and the person having the power to give the consent to adoption in so far as such adopted has not attained such age.
第百三十八條　離緣ヲ爲サントスル養子ハ緣組許諾ノ爲メ定メタル規則ニ從ヒ其父母、祖父母又ハ後見人ノ許諾ヲ受クルコトヲ要ス
138.　The adopted who intends to have the adoption dissolved, must, in conformity with the rules laid down for the permission for adoption, obtain the permission of the father, mother, grandfather, grandmother or guardian.
第百三十九條　當事者ハ離緣協議書ニ左ノ書類ヲ添ヘテ身分取扱吏ニ屆出ツ可シ
139.　The parties shall declare to the civil status official of the dissolution of adoption by handing over the writing of the dissolution by mutual consent accompanied by the following :--
第一　緣組證書
i.　The document of adoption ;
第二　離緣ノ爲メニ必要ナル許諾書又ハ許諾ヲ得ル能ハサル事由ヲ證スル書類
ii.　The permission in writing required for the dissolution of adoption, or a writing proving the reason that such permission cannot be obtained.
第二節　特定原因ノ離緣
SECTION II. DISSOLUTION OF ADOPTION FOR DETERMINED CAUSES.
第百四十條　離緣ハ左ノ原因アルニ非サレハ之ヲ請求スルコトヲ得ス
140.　The dissolution of adoption can only be demanded for the following causes :--
第一　養子ヨリ養家ノ尊屬親ニ對シ又ハ養家ノ尊屬親ヨリ養子ニ對スル暴虐、脅迫、遺棄又ハ重大ノ侮辱
i.　Outrages, threats, desertion, or grave insults made by the adopted towards the ascendants in the adopting house or by them towards the adopted ;
第二　重罪ニ因レル處刑
ii.　Punishment for crimes ;
第三　竊盜又ハ詐欺取財ノ罪ニ因レル重禁錮一年以上ノ處刑
iii.　Punishment of major imprisonment for one year or more for the offence of theft or swindling ;
第四　浪費
iv.　Prodigality.
第八十二條及ヒ第八十八條ノ規定ハ離緣ニ之ヲ適用ス
The provisions of Articles 82 and 88 apply to the dissolution of adoption.
第百四十一條　離緣ヲ請求スル訴權ハ養子ヲ爲シタル者及ヒ養子ト爲リタル者ノミニ屬ス
141.　The right of action demanding the dissolution of adoption belongs only to the adopter or adopted.
養子ヲ爲シタル者又ハ養子ト爲リタル者カ死亡シタルトキハ離緣ノ訴權ハ消滅ス但訴訟中ニ死亡シタル場合ニ於テハ現實ノ利益ヲ有スル者其訴訟ヲ續行スルコトヲ得
Where the adopter or adopted is. dead, such right of action becomes extinguished. Where such death takes place in the course of the suit, one who has actual interests can continue such suit.
第百四十二條　養子ヲ爲シタル者カ禁治產中ニ在ルトキハ後見人又ハ後見監督人ハ親族會ノ許可ヲ得テ離緣ヲ請求スルコトヲ得
142.　Where the adopter is interdicted, the guardian or supervisor of guardian can demand the dissolution of adoption by obtaining the authorization of the family council.
養子ト爲リタル者カ禁治產中ニ在ルトキハ實家ノ父母、祖父母又ハ戶主ヨリ離緣ヲ請求スルコトヲ得
Where the adopted is interdicted, the father and mother or grandfather and grandmother in his or her original house or the koshu of such house can demand the dissolution of adoption.
第百四十三條　養子ノ滿十五年ニ至ラサル間ハ緣組承諾ノ權ヲ有スル者ヨリ離緣ヲ請求スルコトヲ得
143.　Until the adopted has attained the full age of fifteen years, the person who has the power to give the consent to the adoption can demand its dissolution.
第百四十四條　養子カ養父母ト同居スルトキハ裁判所ハ離緣ノ訴訟中養子ヲシテ住家ヲ去ラシムルコトヲ得
144.　Where the adopted co-habits with his or her adopting father and mother, the Court can direct such adopted to go away from the dwelling-house during the suit for the dissolution.
此場合ニ於テハ養子ハ衣服其他ノ日用物品ヲ持去リ且必要アルトキハ養料ヲ請求スルコトヲ得
In such case, the adopted can carry away his or her clothes and other things of daily use, and demand aliment if necessity exists therefor.
裁判所ハ養子ノ請求ニ因リテ其財產ヲ保存スル爲メニ必要ナル處分ヲ命スルコトヲ得
The Court can on demand of the adopted direct such dispositions as necessary for preserving his or her property.
第百四十五條　離緣ハ養子ノ家督相續後之ヲ爲スコトヲ得ス
145.　The dissolution of adoption cannot be effected after the adopted has succeeded to the katoku.
第三節　離緣ノ效力
SECTION III. EFFECTS OF DISSOLUTION OF ADOPTION.
第百四十六條　離緣ハ其屆出又ハ裁判確定ノ後ニ非サレハ效力ヲ生セス
146.　The dissolution of adoption is only operative after it has been declared to the civil status official or the decision therefor has become final and conclusive.
第百四十七條　離緣ト爲リタル養子ハ自己ノ過失ノ有無ニ拘ハラス其所有財產ニ限リ之ヲ請求スルコトヲ得但養家ノ爲メニ消費シタルモノハ此限ニ在ラス
147.　The adopted whose adoption has been dissolved can only demand, without regard to presence or absence of his or her fault, such property as owned by him or her, except that which has been consumed for the adopting house.
第百四十八條　婿養子緣組ニ付テハ當事者ハ離緣ヲ原因トシテ離婚ヲ請求シ又離婚ヲ原因トシテ離緣ヲ請求スルコトヲ得但離婚又ハ離緣ヨリ三个月ヲ過キタルトキハ其訴權ヲ失フ
148.　With respect to the adoption of a mukoyoshi, the parties can demand the divorce for the cause of the dissolution of adoption or the dissolution of adoption for the cause of the divorce. Such right of action is, however, lost when three months from such divorce or dissolution have elapsed.
第九章　親權
CHAPTER IX. PARENTAL POWER.
第一節　子ノ身上ニ對スル權
SECTION I. POWER OVER THE PERSON OF CHILD.
第百四十九條　親權ハ父之ヲ行フ
149.　The parental power is exercised by the father.
父死亡シ又ハ親權ヲ行フ能ハサルトキハ母之ヲ行フ
Where the father is dead or cannot exercise the parental power, it is exercised by the mother.
父又ハ母其家ヲ去リタルトキハ親權ヲ行フコトヲ得ス
Where the father or mother has left his or her house, he or she cannot exercise such power.
第百五十條　未成年ノ子ハ親權ヲ行フ父又ハ母ノ許可ヲ受クルニ非サレハ父母ノ住家又ハ其指定シタル住家ヲ去ルコトヲ得ス
150.　A minor child cannot go away from the dwelling-house of his or her father and mother or that designated by them, unless he or she obtains the authorization of the father or mother exercising the parental power.
子カ許可ヲ受ケスシテ其住家ヲ去リタルトキハ父又ハ母ハ區裁判所ニ申請シテ歸家セシムルコトヲ得
Where a child has gone away from his or her dwelling-house without obtaining such authorization, his or her father or mother can procure his or her return by applying to the Local Court.
第百五十一條　父又ハ母ハ子ヲ懲戒スル權ヲ有ス但過度ノ懲戒ヲ加フルコトヲ得ス
151.　The father or mother has the correctional power over his or her children. Nevertheless an excessive correctional act cannot be done.
第百五十二條　子ノ行狀ニ付キ重大ナル不滿意ノ事由アルトキハ父又ハ母ハ區裁判所ニ申請シテ其子ヲ感化場又ハ懲戒場ニ入ルルコトヲ得
152.　Where there exists a reason of grave dissatisfaction in regard to the behaviour of a child, the father or mother can apply to the Local Court for having such child confined in a house of correction or reformatory institution.
入場ノ日數ハ六个月ヲ超過セサル期間內ニ於テ之ヲ定ム可シ但父又ハ母ハ裁判所ニ申請シテ更ニ其日數ヲ增減スルコトヲ得
The number of days for such confinement shall be fixed at any term not exceeding six months. The father or mother can, however, apply to the Court for an increase or decrease of such number of days.
右申請ニ付テハ總テ裁判上ノ書面及ヒ手續ヲ用ユルコトヲ得ス
In such application, all judicial pleadings and procedures cannot be used.
裁判所ハ檢事ノ意見ヲ聽キテ決定ヲ爲ス可シ父、母及ヒ子ハ其決定ニ對シテ抗吿ヲ爲スコトヲ得
The Court shall rule after hearing the Public Procurator. The father, mother or the child can bring a complaint against such rule.
第二節　子ノ財產ノ管理
SECTION II. ADMINISTRATION OF PROPERTY OF CHILD.
第百五十三條　父ハ未成年ナル子ノ總テノ行爲ニ付テ之ヲ代表シ自己ノ財產ニ於ケル如ク其財產ヲ管理ス
153.　The father represents his minor child in all his or her acts and administers his or her property as if it were his own.
第百五十四條　父ノ管理ニ於テハ第百九十四條ニ記載シタル行爲ハ尙ホ之ヲ管理行爲ト看做ス
154.　In the administration by the father, even the acts in Article 194 mentioned are deemed as acts of administration.
第百五十五條　子ハ特別ニ職業ヲ營ムニ因リテ取得シタル利益及ヒ相續、贈與又ハ遺贈ニ因リテ取得シタル財產ノ所有權ヲ有ス
155.　A child has the right of ownership of the profits acquired by carrying on business separately and of the property acquired by successions, donations or legacies.
第百五十六條　父ハ管理ノ止ミタルトキハ子ニ其財產ヲ引渡ス可シ但收益ハ子ノ養育敎育ノ費用及ヒ管理ノ費用ニ供シタルモノト看做ス
156.　The property of a child shall be delivered to him or her by his or her father when his administration ceases. The enjoyment of such property is deemed as having been devoted to the expenses of his or her maintenance and education and of the administration.
第百五十七條　本節ノ規定ハ母カ子ノ財產ヲ管理スル場合ニ之ヲ適用ス
157.　The provisions of this Section apply to the case of administration by the mother of the property of her child.
然レトモ母ハ管理ヲ辭スルコトヲ得
The mother can, however, refuse such administration.
第三節　嫡母、繼父及ヒ繼母ニ特別ナル規則
SECTION III. SPECIAL RULES FOR TEKIBO, STEP-FATHER AND STEP-MOTHER.
第百五十八條　嫡母、繼父又ハ繼母ノ親權ヲ行フ場合ニ於テハ相談人ヲ付スルコトヲ得
158.　In the case of the parental power being exercised by a tekibo, step-father or step-mother, an adviser may be attached.
此相談人ハ配偶者證書若クハ遺言書ヲ以テ之ヲ定メ又ハ親族會其議決ヲ以テ之ヲ定ム
Such adviser is appointed by their spouse under a document or testament, or by the family council in its resolution.
第百五十九條　相談人ハ後見監督人ト同一ノ權限及ヒ義務ヲ有ス
159.　The adviser has the same power and obligation as a guardian.
第百六十條　配偶者カ相談人ヲ定メサル場合ニ於テ親族會ヲ招集セサルトキ又ハ配偶者若クハ親族會ノ定メタル相談人ニ相談セサルトキハ區裁判所ハ檢事ノ請求ニ因リ嫡母、繼父又ハ繼母ニ對シテ親權行使ノ禁止ヲ宣吿スルコトヲ得
160.　Where, in the case of an adviser not being appointed by the spouse, the family council is not convened, or the adviser appointed by such spouse or council is not consulted with, the Local Court can, on demand of the Public Procurator, declare against the tekibo, step-father or step-mother the prohibition of the exercise of parental power.
第十章　後見
CHAPTER X. GUARDIANSHIP.
總則
GENERAL PROVISIONS.
第百六十一條　後見ハ未成年者ノ父又ハ母ニシテ生存スル者ノ死亡ニ因リテ開始ス
161.　The guardianship commences on the death of a survivor of the father and mother of a minor.
父母共ニ生存シ又ハ其一方ノ生存スルモ親權ヲ行フ能ハサルトキ又ハ母カ子ノ財產ノ管理ヲ辭スルトキモ亦同シ
The same applies to the case where both the father and mother still living or a survivor of them cannot exercise the parental power or the mother refuses the administration of her child's property.
第百六十二條　一家ニ未成年者數人アルモ後見人ハ一人タル可シ
162.　There shall be only one guardian even though there are several minors in one and the same house.
第百六十三條　後見人ハ親族會ノ免除ヲ得サル限リハ後見ヲ承諾ス可シ若シ後見人之ヲ承諾セス又ハ其任務ヲ怠ルトキハ利害關係人又ハ檢事ノ請求ニ因リテ區裁判所ハ代務者ヲ命スルコトヲ得
163.　The guardian shall accept guardianship unless he is exempted from it by the family council. Where he does not accept it or neglects his duties, the Local Court can, on demand of those interested or the Public Procurator, appoint a procurator.
後見人ハ代務者ノ管理ノ費用ヲ負擔シ且其管理ニ付キ責ニ任ス
The guardian bears expenses of the administration by such procurator and is responsible for such administration.
第一節　後見人
SECTION I GUARDIAN.
第百六十四條　親權ヲ行フ父又ハ母ハ其生前ニ於テ親族、姻族又ハ他人ノ中ヨリ後見人タル可キ者ヲ指定スル權ヲ有ス
164.　The father or mother exercising the parental power has the power to nominate, before his or her death, one who will act as guardian from among the relatives by consanguinity or affinity or any other persons.
第百六十五條　後見人ノ指定ハ遺言書若クハ證書ヲ以テ之ヲ爲シ又ハ區裁判所ニ口述シテ之ヲ爲ス可シ此口述ニ付テハ調書ヲ作ルコトヲ要ス
165.　The nomination of guardian shall be made by a testament or document or by an oral statement before the Local Court. Such oral, statement must be recorded on protocol.
第百六十六條　父又ハ母カ後見人ヲ指定セサリシトキハ其家ノ祖父後見人ト爲ル但未成年ノ家族ニ付テハ成年ノ戶主後見人ト爲ル
166.　Where a guardian has not been nominated by the father or mother, the grandfather in the house becomes the guardian. With regard to any minor member of the family, the major koshu becomes the guardian.
第百六十七條　遺言後見人モ祖父若クハ戶主タル後見人モ有ラサルトキ又ハ此等ノ後見人カ免除セラレ除斥セラレ罷黜セラレ若クハ死亡シタルトキハ親族會ニ於テ後見人ヲ選定ス
167.　Where there is neither a guardian by will nor the guardian who is the grandfather or koshu, or these guardians have been exempted, excluded or dismissed from the guardianship or are dead, the family council selects a guardian.
第百六十八條　未成年者ヲ有スル人ノ死亡シタルトキ又ハ未成年者ヲ有スル父若クハ母ノ婚姻其他ノ事故ニ因リテ他家ニ入リタルトキハ區裁判所ハ未成年者ノ親族若クハ利害關係人ノ請求ニ因リ後見人ヲ設定スル爲メ親族會ヲ招集ス可シ
168.　Where any person having a minor is dead, or the father or mother having such minor has entered into another house by his or her marriage or any other cause, the Local Court shall, on demand of such minor's relatives by consanguinity or those interested, convene the family council for the appointment of a guardian.
第二節　後見監督人
SECTION II. SUPERVISOR OF GUARDIAN.
第百六十九條　後見ニハ一人ノ後見監督人ヲ付スルコトヲ得
169.　A supervisor of guardian may be attached to the guardianship.
後見監督人ハ後見人ヲ定ムルト同一ノ手續ニ從ヒテ之ヲ指定シ又ハ親族會ニ於テ之ヲ選定ス
The supervisor of guardian is nominated in the same manner as a guardian or selected by the family council.
本章第四節及ヒ第五節ノ規定ハ後見監督人ニ之ヲ適用ス
The provisions of Sections IV and V of this Chapter apply to the supervisor of guardian.
第百七十條　後見監督人ヲ置カサル場合ニ於テ監督ヲ要スルコト有ルトキハ親族會ニ於テ會員一人ヲ選定シ臨時ニ後見監督人ノ任務ヲ行ハシム
170.　Where no supervisor is appointed, and supervision may be required, the family council selects one of its members to temporarily discharge the duties of a supervisor of guardian.
第三節　親族會
SECTION III. FAMILY COUNCIL.
第百七十一條　親族會ハ未成年者ノ最近親族三人以上ヲ以テ之ヲ設ク但親族三人ニ滿タサルトキハ未成年者ニ緣故アル者ヲ以テ之ヲ補足ス
171.　A family council is composed of three or more of the most proximate relatives by consanguinity of a minor. Where such relatives are less than three, such number shall be completed by any person who has some peculiar relations with the minor.
本家及ヒ分家ノ戶主ハ親族會ニ列スルコトヲ得
The koshu of the main or branch house can sit in the family council.
第百七十二條　親族會ハ親族、後見人、後見監督人、保佐人又ハ利害關係人ノ求メニ因リテ集會ス
172.　The meeting of a family council is held on request of the relatives by consanguinity, guardian, supervisor of guardian, assistant, or those who are interested.
第百七十三條　戶主成年ナルトキハ家族ノ爲メ親族會ヲ設クルコトヲ要セス
173.　Where the koshu is a major, a family council need not be established for a member of his family.
第百七十四條　養子ノ親族會ニハ實家ノ親族モ其會員タルコトヲ得
174.　In the family council established for an adopted, the relatives by consanguinity in the original house of such adopted can also sit as its members.
第百七十五條　會員ハ自己ノ利害ニ關係アル會議ニ列スルコトヲ得ス
175.　Any member of the family council cannot sit in the meeting in which he or she is himself or herself interested.
第百七十六條　親族會ヲ設クル能ハサルトキハ區裁判所其事ヲ行フ
176.　Where a family council cannot be established, the Local Court attends to the affairs to be managed by such council.
第百七十七條　未成年者ノ親族會ノ外親族會ヲ組成スル必要アルトキモ亦本節ノ規定ヲ適用ス
177.　Where there exists necessity for constituting a family council other than that for a minor, the provisions of this Section are to be applied.
第四節　後見ノ免除
SECTION IV. EXEMPTION FROM GUARDIANSHIP.
第百七十八條　左ニ揭クル者ハ當然後見人タルコトヲ免除セラル
178.　The following persons are, as of course, exempted from being guardians :--
第一　現役ニ服スル軍人、軍屬
i.　The persons in the active service in the army or navy ;
第二　被後見人住居ノ市又ハ郡ノ外ニ於テ公務ニ從事スル人
ii.　The persons exercising public functions out side of the Shi or Gun in which the ward resides.
第百七十九條　後見免除ノ求メハ親族會之ヲ決ス後見人解任ヲ求メタルトキモ亦同シ
179.　A request for exemption from guardianship is decided by the family council. The same applies when the guardian requests for his withdrawal from guardianship.
第五節　後見人及ヒ親族會員ノ缺格、除斥及ヒ罷黜
SECTION V. DISQUALIFICATION, EXCLUSION AND DISMISSAL OF GUARDIAN AND MEMBER OF FAMILY COUNCIL.
第百八十條　左ニ揭クル者ハ後見人タルコトヲ得ス又親族會員タルコトヲ得ス
180.　The following persons can neither be guardians nor be members of a family council :--
第一　未成年者
i.　Minors ;
第二　民事上禁治產者及ヒ准禁治產者
ii.　Civilly interdicted and quasi-interdicted persons ;
第三　未成年者ノ身分又ハ財產ニ對シテ訴訟ヲ爲ス人及ヒ其人ノ尊屬親、卑屬親、配偶者
iii.　Persons suing a minor in respect to his or her civil status or property, as well as their ascendants, descendants and spouses.
第百八十一條　左ニ揭クル者ハ後見及ヒ親族會ヨリ除斥セラル可シ現ニ任務ニ從事スル者ハ之ヲ罷黜ス
181.　The following persons shall be excluded from guardianships and family councils, and those actually discharging the duties are dismissed :--
第一　甚シキ不行跡ナル人
i.　Persons of notorious misbehaviour ;
第二　後見管理ニ不能又ハ不正實ヲ顯ハセル後見人
ii.　Guardians whose incapacity or dishonesty has been betrayed in their administration ;
第三　任務ヲ免黜セラレタル裁判上ノ保佐人
iii.　Judicial assistants dismissed from their duties ;
第四　公權剝奪、公權停止及ヒ刑事上禁治產ヲ受ケタル人
iv.　Persons deprived from or suspended of the enjoyment of their public rights, or criminally interdicted ;
第五　復權ヲ得サル破產者及ヒ家資分散者
v.　Bankrupts and insolvents not rehabilitated.
第百八十二條　後見人及ヒ親族會員ノ除斥又ハ罷黜ハ親族會ニ於テ之ヲ爲ス
182.　Guardians or members of a family council are excluded or dismissed by such council.
第六節　後見人ノ管理
SECTION VI. ADMINISTRATION OF GUARDIAN.
第百八十三條　後見人後見ノ開始ヲ知ルトキハ直チニ任務ニ就クコトヲ要ス
183.　When a guardian has knowledge of commencement of the guardianiship, he must forthwith enter into his duties.
親族會ニ於テ後見人ヲ選定シ其後見人在席スルトキハ直チニ任務ニ就キ若シ在席セサルトキハ通知ヲ得タル日ヨリ任務ニ就クコトヲ要ス
Where a guardian is selected in a family council in which he is present, he must forthwith enter into his duties ; when he is not present therein, he must enter into the same from the day on which he has been notified thereof.
第百八十四條　後見人ハ未成年者ヲ監護シ其敎育ヲ擔任ス
184.　The guardian has the charge of the minor and is liable for his or her education.
尊屬後見人及ヒ戶主後見人ヲ除ク外後見人若シ未成年者ノ在來ノ住居又ハ敎育方法ヲ變更セントスルトキハ親族會ニ協議ス可シ
Guardians, except those who are the ascendants or the koshu, shall make arrangements with the family council when they intend to change the residence or mode of education of the minor.
第百八十五條　後見人ハ父母ノ如ク未成年者ヲ懲戒スルコトヲ得
185.　The guardian can exercise correctional power over the minor as his or her father and mother.
未成年者ノ行狀ニ付キ重大ナル不滿意ノ事由アルトキハ後見人ハ親族會ノ許可ヲ得タル上第百五十二條ノ規定ニ從ヒテ未成年者ニ對スル處分ヲ爲スコトヲ得
Where there exists a reason for a grave dissatisfaction in regard to the behaviour of the minor, the guardian can take proper steps for him or her in accordance with the provisions of Article 152 after obtaining the authorization of the family council.
後見人カ其權ヲ濫用シ又ハ其義務ヲ怠ルトキハ未成年者及ヒ其親族ハ親族會ニ之ヲ申吿スルコトヲ得
Where the guardian abuses his power or neglects his duties, the minor and his or her relatives by consanguinity can inform thereof to the family council.
第百八十六條　後見人ハ未成年者ノ總テノ行爲ニ付テ之ヲ代表シ善良ナル管理者ノ如ク其財產ヲ管理シ管理ノ失當又ハ過失ヨリ生スル損害賠償ノ責ニ任ス
186.　The guardian represents the minor in all his or her acts and administers his or her property as a good administrator and is liable to damages for his improper or faulty administration.
第百八十七條　後見人ハ當然其任務ニ就ク可キ日ヨリ十日內ニ後見監督人ノ立會ヲ得テ未成年者ノ財產ヲ調査ス可シ
187.　The guardian shall, within ten days from the day on which he is to enter into his duties as of course, examine the property belonging to the minor in presence of the supervisor of guardian.
財產目錄ノ調製ハ二个月內ニ之ヲ終了スルコトヲ要ス但親族會ハ狀況ニ從ヒテ延期ヲ許スコトヲ得
The preparation of an inventory of such property must be finished within two months. The family council can grant him a further time according to the circumstances.
第百八十八條　後見人カ未成年者ノ債務者又ハ債權者ナルトキハ目錄ノ調製前其旨ヲ公證人又ハ親族會ニ明言スルコトヲ要ス
188.　Where the guardian is a debtor or creditor of the minor, such fact must, before the preparation of the inventory, be expressly stated to the public notary or family council.
後見人カ債權ノ存立ヲ知リテ之ヲ明言セサリシトキハ其債權ヲ喪失ス又債務ノ存立ヲ知リテ之ヲ明言セサリシトキハ區裁判所ハ其後見人ヲ罷黜スルコトヲ得但罷黜ノ場合ニ於テハ三十圓以下ノ過料ニ處スルコトヲ得
Where the guardian knowing the existence of his right of claim has not stated it expressly, he loses such right, and when he knowing the existence of a debt due by him has not so stated, the Local Court can dismiss him from the guardianship. In the case of his dismissal the Court can condemn him to a fine not exceeding 30 yen.
第百八十九條　目錄調製ヲ終了セサル間ハ後見人ハ要急闕ク可カラサル管理行爲ノミヲ爲スコトヲ得
189.　Until completion of the inventory, the guardian can only do urgent and indispensable acts of administration.
第百九十條　後見人ハ任務執行ノ初ニ於テ親族會ニ協議シ未成年者ノ養育ノ需用、敎育ノ程度ト其資產トニ從ヒ每年費ス可キ金額及ヒ財產管理ニ係ル費用ヲ定ム
190.　In the commencement of discharging his duties, the guardian determines, under the arrangement with the family council, the amount of money to be expended annually and the sum of expenses for administration of his or her property, according to the demand for maintenance of the minor, the degree of his or her education, and his or her means.
親族會ハ相當ノ給料ヲ與フル一人又ハ數人ノ管理者ヲ後見人ノ自己ノ責任ヲ以テ使用スルヲ許スコトヲ得
The family council can authorize the guardian to employ on his own responsibility one or more administrators who are paid a reasonable salary.
第百九十一條　後見人ハ未成年者ノ元本及ヒ收益ノ剩額ヲ每次ニ官ノ貯金預所又ハ確實ナル銀行ニ預ク可シ其預ケサリシ金額ニ付テハ法律上ノ利息ヲ辨濟ス可シ
191.　The guardian shall deposit at every time the surplus of the minor's capitals and revenue in the depository for money established by the Government or a trustworthy bank. In respect to the money not so deposited, he shall pay legal interest thereon.
後見人カ未成年者ノ財產ノ利用方法ヲ變更セントスルトキハ親族會ノ許可ヲ受クルコトヲ要ス
When he intends to change the manner of advantageously employing the minor's property, he must obtain the authorization of the family council.
第百九十二條　尊屬後見人及ヒ戶主後見人ヲ除ク外後見人ハ一个年內ノ管理ノ狀況ヲ親族會ニ報吿ス可シ
192.　Guardians except those who are this ascendants and the koshu, shall report to the family council on the circumstances of the administration in the year.
第百九十三條　後見人ハ未成年者ノ財產ニ付テハ管理ノ權ヲ有スルニ止マリ此權外ノ行爲ハ法律ニ定メタル條件ニ依ルニ非サレハ之ヲ爲スコトヲ得ス
193.　With respect to the minor's property, the power of a guardian is restricted to that of administration, and any act beyond the scope of such power can only be done in conformity with the conditions provided for in law.
第百九十四條　左ニ揭クル行爲ニ關シテハ後見人ハ親族會ノ許可ヲ得ルコトヲ要ス
194.　In respect to the following acts, guardians must obtain the authorization of the family council :--
第一　元本ヲ利用シ又ハ借財ヲ爲スコト
i.　To advantageously employ the capitals or contract loans on money ;
第二　不動產及ヒ重要ナル動產ヲ讓渡シ之ニ物權ヲ設定シ又ハ之ヲ取得スルコト
ii.　To alienate immovables or important movables, or create real rights thereon, or acquire any one of these things or rights ;
第三　動產、不動產ニ係ル訴訟又ハ和解、仲裁ニ關スルコト
iii.　To concern in suits relating to movables or immovables or in compromises or arbitrations ;
第四　相續、遺贈若クハ贈與ヲ受諾シ又ハ抛棄スルコト
iv.　To accept or renounce successions, legacies or donations ;
第五　新築、改築、增築又ハ大修繕ヲ爲スコト
v.　To make new constructions, reconstructions, additional constructions, or substantial repairs ;
第六　財產編第百十九條ニ定メタル期間ヲ超ユル賃貸ヲ爲スコト
vi.　To contract lease of a longer duration than that provided for in Article 119 of the Book on the Law of Property.
第百九十五條　後見人ハ未成年者ノ財產ヲ讓受クルコトヲ得ス又未成年者ニ對スル權利ヲ讓受クルコトヲ得ス
195.　The guardian cannot acquire by alienation the minor's property or the rights against him or her.
第百九十六條　後見人ハ親族會ノ許可ヲ得ルニ非サレハ未成年者ノ不動產ヲ賃借スルコトヲ得ス
196.　The guardian cannot take the minor's immovables on lease unless he obtains the authorization of the family council.
第百九十七條　後見人ノ其權內ニ於テ爲シタル行爲ハ未成年者ヲ覊束ス
197.　Any act done by the guardian within the scope of his power is binding on the minor.
第七節　後見監督人ノ任務
SECTION VII. DUTIES OF SUPERVISOR OF GUARDIAN.
第百九十八條　後見監督人ハ後見人ノ管理ヲ監視スルコトニ任ス
198.　The supervisor of guardian is bound to supervise the administration of a guardian.
後見監督人ハ後見人ヲ缺クトキト雖モ後見ノ任務ヲ行フコトヲ得ス此場合ニ於テハ直チニ後任ノ後見人ヲ定ムル手續ヲ爲スコトヲ要ス
He cannot discharge the duties of a guardian even though the guardianship is vacant. In such case he must at once proceed to appointment of the successor in guardianship.
第百九十九條　未成年者ト後見人トノ間ニ利益相反スルトキハ後見監督人ハ未成年者ヲ代表ス
199.　Where there exists opposition of interests between the minor and guardian, the supervisor of guardian represents such minor.
第二百條　必要ナル場合ニ於テハ後見監督人ハ保存行爲ヲ爲スコトヲ得
200.　In case of necessity the supervisor of guardian can do acts of preservation.
第二百一條　法律上後見監督人ノ立會フ可キ行爲ニシテ其立會ナクシテ爲シタルモノハ無效トス
201.　Any act, which is legally required to be done in presence of the supervisor of guardian and which has been done without his presence, is of no effect.
第八節　後見人ノ終了
SECTION VIII. TERMINATION OF GUARDIANSHIP.
第二百二條　後見ノ任務ハ後見人ノ一身ニ止マリ其相續人ニ移轉セス然レトモ相續人カ成年者ナルトキハ後任ノ後見人ノ任務ニ就クマテ管理ヲ繼續ス可シ
202.　The duties of a guardian are limited to him alone and do not pass to his heir. When, however, such heir is a major, he shall continue the administration until the successor in guardianship enters into his duties.
第二百三條　未成年者カ成年ニ達シ又ハ自治產ニ至ルニ因リテ後見ノ止ムトキハ後見人ハ其計算ヲ終了スルマテ管理ヲ繼續ス
203.　Where the guardianship is terminated on account of the minor having attained the majority or been emancipated, the guardian continues the administra tion until he closes his accounts.
第二百四條　假ニ管理ヲ爲ス者ハ必要ナル行爲ノミヲ爲スコトヲ得
204.　Any person who makes a provisional administration can only do necessary acts.
第九節　後見ノ計算
SECTION IX. ACCOUNTS OF GUARDIANSHIP.
第二百五條　後見人ハ管理ノ終了スルトキハ其計算ヲ爲ス可シ
205.　The guardian shall render the accounts of his administration when it is terminated.
第二百六條　後見ノ決算ハ後見監督人ノ立會ニテ未成年者ノ成年ニ達シタル者又ハ其自治產ニ至リタル者ニ對シテ之ヲ爲ス
206.　The final account of the guardianship is rendered in the presence of the supervisor of guardian to the minor who has attained the majority or been emancipated.
後見カ後見人ノ身上ニ係リテ終了スルトキハ決算ハ後任ノ後見人ニ對シテ之ヲ爲シ親族會ノ許可ニ付ス但第百八條ノ場合ニ於テハ決算ハ後見監督人ニ對シテ之ヲ爲ス
Where the guardianship is terminated by personal causes of the guardian, such account is rendered to his successor in guardianship and submitted to the family council for its authorization. In the case of Article 108, however, such account is rendered to the supervisor of guardian.
後見カ未成年者ノ死亡ニ因リテ終了スルトキハ決算ハ其相續人ニ對シテ之ヲ爲ス
Where the guardianship is terminated by the minor's death, such account is rendered to his or her heir.
後見ノ決算ニ係ル費用ハ未成年者ノ負擔ニ屬ス
The expenses for such account are borne by the minor.
第二百七條　後見ノ決算ハ管理終了ノ日ヨリ三个月內ニ之ヲ爲ス可シ但親族會ハ當事者ノ求メニ因リテ延期ヲ許スコトヲ得
207.　The final account of the guardianship shall be rendered within three months from the day of termination of the administration. The family council can grant a further time on request of the parties.
第二百八條　後見人ト未成年者ノ成年ニ達シタル者トノ合意ニシテ後見ノ決算前ニ爲シタルモノハ總テ無效トス
208.　All agreements made, before the final account of the guardianship, between the guardian and the minor who has attained the majority are null and void.
第二百九條　後見ノ費用ハ豫算ノ定額ヲ超ユルト雖モ後見人其有益タルコトヲ證スルトキハ未成年者ノ負擔ニ屬ス
209.　The expenses for the guardianship are borne by the minor even though they exceeds the estimated amount when the guardian proves that they are useful.
第二百十條　後見人ヨリ未成年者ニ返濟ス可キ金額ハ決算完結ノ日ヨリ當然利息ヲ生ス
210.　The sum of money which the guardian is to repay to the minor carries interest as of course from the day of conclusion of the final account.
未成年者ヨリ後見人ニ返濟ス可キ金額ハ決算完結ノ後後見人ノ催吿ニ因リテ利息ヲ生ス
The sum which the minor is to repay to the guardian carries interest upon summons made by him after the conclusion of the final account.
第二百十一條　後見ノ計算ニ係ル未成年者ノ訴權ハ五个年ノ時效ニ因リテ消滅ス後見人其他假ニ後見管理ヲ爲シタル人ノ未成年者ニ對スル訴權モ亦同シ
211.　The right of action of the minor in respect to the accounts of the guardianship becomes extinguished by the prescription of five years. The same applies to the right of action against the minor which belongs to the guardian and other persons who have made provisional administration.
未成年者ト後見監督人又ハ親族會員トノ間ノ後見ニ係ル訴權ニ付テモ亦前項ノ規定ヲ適用ス
The provision of the preceding paragraph is also applied to the right of action in respect of the guardianship between the minor and the supervisor of guardian or members of the family council.
此期間ハ未成年者ノ成年ニ達シ又ハ死亡シタル日ヨリ起算シ第二百八條ノ場合ニ於テ後見ノ計算ニ係ル訴權ニ付テハ合意無效ノ裁判言渡ノ日ヨリ起算ス
Such term of five years begins to run from the day on which the minor has attained the majority or is dead, and as to the right of action relating to the accounts of the guardianship in the case of Article 208, from the day on which the decision for the nullity of the agreement has been pro nounced.
第二百十二條　後見監督人及ヒ假ニ後見管理ヲ爲シタル人ハ代理契約ノ原則ニ從ヒテ過失ノ責ニ任ス
212.　The supervisor of guardian and those who have made provisional administration are liable for their faults in accordance with the principles of contract of agency.
第十一章　自治產
CHAPTER XI. EMANCIPATION.
第二百十三條　未成年者ハ婚姻ヲ爲スニ因リテ當然自治產ノ權ヲ得
213.　The minor becomes as of course emancipated by contracting marriage.
第二百十四條　親權ヲ行フ父又ハ母ハ滿十五年ニ達シタル未成年ノ子ニ自治產ヲ許スコトヲ得
214.　The father or mother exercising the parental power can emancipate his or her minor child who has attained the full age of fifteen years.
此自治產ハ身分取扱吏ニ屆出ツ可シ
Such emancipation shall be declared to the civil status official.
第二百十五條　後見ニ服スル未成年者ノ滿十七年ニ達シタルトキハ親族會ハ其未成年者ニ自治產ヲ許スコトヲ得
215.　When the minor subjected to the guardianship has attained the full age of seventeen years, the family council can emancipate such minor.
此自治產ハ後見人ヨリ身分取扱吏ニ屆出ツ可シ
Such emancipation shall be declared by the guardian to the civil status official.
第二百十六條　自治產ノ未成年者ハ之ヲ保佐ニ付ス
216.　The emancipated minor is subjected to assistance.
親權ヲ行ヒタル父又ハ母ハ當然保佐人ト爲ル
The father or mother who has exercised the parental power becomes the assistant as of course.
親權ヲ行フ父又ハ母ハ其生前ニ第百六十五條ノ規定ニ從ヒテ保佐人ヲ指定スルコトヲ得若シ之ヲ指定セサリシトキハ其家ノ祖父保佐人ト爲リ家族ニ付テハ成年ノ戶主保佐人ト爲ル
The father or mother exercising the parental power can nominate before his or her death an assistant in conformity with the provision of Article 165. Where such assistant has not been so nominated, the grandfather in the house becomes the assistant, and as to a member of the family, the major hoshu becomes the same.
夫ハ當然未成年ノ婦ノ保佐人ト爲ル
The husband becomes as of course the assistant to his minor wife.
此他ノ場合ニ於テハ親族會ニ於テ保佐人ヲ選定ス
In other cases, the family council selects an assistant.
第二百十七條　後見人ニ關シテ定メタル免除、缺格、除斥及ヒ罷黜ノ規則ハ之ヲ保佐人ニ適用ス
217.　The rules of exemption, disqualification, exclusion and dismissal laid down in respect of guardians are applied to assistants.
第二百十八條　自治產ノ未成年者ハ保佐人ノ立會アルニ非サレハ元本ヲ領收スルコトヲ得ス
218.　The emancipated minor can only receive a capital in the presence of the assistant.
第二百十九條　第百九十四條ニ揭ケタル行爲ニ付テハ自治產ノ未成年者ハ保佐人ノ立會アルニ非サレハ之ヲ爲スコトヲ得ス
219.　With regard to the acts in Article 194 mentioned, the emancipated minor can only do them in the presence of the assistant.
第二百二十條　父母ヲ除ク外保佐人ハ後見人ト同シク過失ノ責ニ任ス
220.　Assistants except the father and mother have the same liabilities for their faults as guardians.
第二百二十一條　自治產ヲ許サレタル未成年者カ不行跡又ハ財產管理ノ失當ニ因リテ自治產者タルニ適セサルトキハ親族會ハ其自治產ヲ廢止スルコトヲ得
221.　Where the minor to whom the emancipation has been granted is found unsuitable for being emancipated on account of his or her misbehaviour or improper administration of property, the family council can revoke his or her emancipation.
親權ヲ行ヒタル父又ハ母ハ自治產ヲ廢止スルコトヲ得若シ此等ノ者アラサルトキハ親族會員又ハ保佐人ハ此廢止ヲ親族會ニ求ムルコトヲ得
The father or mother who has exercised the parental power can revoke the emancipation. Where there is no such father or mother, any member of the family council or the assistant can apply to the family council for such revocation.
未成年者ハ自治產廢止ノ日ヨリ親權又ハ後見ニ服シ成年ニ達スルマテ復タ自治產者ト爲ルコトヲ得ス
Such minor is subjected to the parental power or guardianship from the day on which his or her emancipation is revoked, and cannot be emancipat ed again until he or she attains the majority.
第十二章　禁治產
CHAPTER XII. INTERDICTION.
第一節　民事上禁治產
SECTION I. CIVIL INTERDICTION.
第二百二十二條　心神喪失ノ常況ニ在ル者ハ時時本心ニ復スルコト有ルモ其治產ヲ禁スルコトヲ得
222.　Any person who is in a habitual state of unsound mind can be interdicted, even though such state presents some lucid intervals.
第二百二十三條　禁治產ハ配偶者、四親等內ノ親族、戶主及ヒ檢事ヨリ之ヲ區裁判所ニ請求スルコトヲ得
223.　The interdiction can be demanded to the Local Court by the spouse, relatives within the four degrees of consanguinity, koshu and Public Procurator.
禁治產ヲ請求スル權利ヲ有スル一人ノ申立ニ因リテ言渡シタル裁判ハ總テノ人ニ對シテ既判力ヲ有ス
The decision pronounced on application of one of those who have the right to demand the interdiction has the binding force on all persons.
第二百二十四條　禁治產者ハ之ヲ後見ニ付ス
224.　The interdicted person is subjected to guardianship.
配偶者ハ當然相互ニ後見人ト爲ル若シ配偶者アラサルトキハ其家ノ父後見人ト爲リ父アラサルトキハ親權ヲ行フコトヲ得ヘキ母後見人ト爲ル
Each spouse becomes as of course the guardian of the other. Where there is no spouse, the father in the house becomes the guardian, and if there is no father, the mother who can exercise the parental power becomes the same.
父又ハ母ハ第百六十五條ニ定メタル方式ニ從ヒテ後見人ヲ指定スルコトヲ得若シ指定セサリシトキハ第百六十六條ノ規定ヲ適用ス
The father or mother can nominate a guardian in accordance with the formalities provided for in Article 165. When the nomination has not taken place, the provision of Article 166 is applicable.
法律上ノ後見人モ遺言後見人モ有ラス又ハ此等ノ後見人カ免除セラレ除斥セラレ若クハ罷黜セラレタルトキハ第十章ニ定メタル方式ニ從ヒ親族會ニ於テ後見人ヲ選定ス
Where there is neither a legal guardian nor guardian by will, or where they have been exempted, excluded or dismissed, the family council selects a guardian in accordance with the formalities provided for in Chapter X.
第二百二十五條　配偶者、尊屬親、卑屬親及ヒ戶主ヲ除ク外何人タリトモ十个年以上禁治產者ノ後見ヲ擔任スルコトヲ要セス
225.　Any person, except the spouse, ascendants, des cendants, and koshu, is not required to hold the guardianship of an interdicted person for ten years or more.
第二百二十六條　未成年者ノ後見ニ係ル規定ハ禁治產者ノ後見ニ之ヲ適用ス
226.　The provisions relating to the guardianship of minors are applied to that of interdicted persons.
第二百二十七條　疾病ノ性質ト資產ノ狀況トニ從ヒテ禁治產者ヲ自宅ニ療養セシメ又ハ之ヲ病院ニ入ラシムルハ親族會ノ決議ニ依ル但瘋癲病院ニ入ラシメ又ハ自宅ニ監置スル手續ハ特別法ヲ以テ之ヲ定ム
227.　The family council resolves whether the interdicted person is to be medically attended to either in his or her own house or in an hospital according to both the character of disease and the state of means. The measures to be taken for his or her entry into a lunatic hospital or custody in his or her own house are regulated by special law.
第二百二十八條　法律上ノ後見人ハ第百九十二條ニ定メタル管理狀況ノ報吿ヲ爲スコトヲ要セス
228.　The legal guardian is not required to make the report on the circumstances of administration provided for in Article 192.
第二百二十九條　禁治產者ノ財產ヲ以テ其子孫ノ敎育、婚姻又ハ營業ノ資ニ供セントスルトキハ親族會ノ許可ヲ得ルコトヲ要ス
229.　Where the property of an interdicted person is intended to be used for his or her descendants' education, marriage or business, the authorization of the family council must be obtained.
第二百三十條　禁治產者ハ禁治產ノ裁判言渡ノ日ヨリ無能力者トス
230.　The interdicted person is a person of legal incapacity from, the day on which the decision for such interdiction has been pronounced.
裁判言渡後ニ爲シタル禁治產者ノ行爲ハ之ヲ銷除スルコトヲ得
Any acts done by the interdicted person after such decision has been pronounced can be rescinded.
禁治產ノ裁判言渡前ニ爲シタル禁治產者ノ行爲ニ對シテモ其行爲ノ當時ニ於テ喪心ノ明確ナルトキハ銷除訴權ヲ行フコトヲ得
Against any acts of such person done even before such decision, the right of action for rescission can be exercised when it is clear that such person was in a state of unsound mind at the time of such acts.
第二百三十一條　禁治產ノ原因止ミタルトキハ本人、配偶者、親族、姻族、戶主、後見人又ハ檢事ノ請求ニ因リテ其禁ヲ解ク可シ
231.　Where the cause for interdiction ceases to exist, the interdiction shall be withdrawn on demand of the interdicted person himself, spouse, relatives by consanguinity or affinity, koshu guardian or Public Procurator.
禁治產者ハ解禁ノ裁判言渡後ニ非サレハ其權利ヲ囘復スルコトヲ得ス
The interdicted person can only recover his or her rights after the decision for withdrawing the interdiction has been pronounced.
第二節　准禁治產
SECTION II. QUASI-INTERDICTION.
第二百三十二條　心神耗弱者、聾啞者、盲者及ヒ浪費者ハ准禁治產者ト爲シテ之ヲ保佐ニ付スルコトヲ得
232.　A person of unsound noind, deaf-mute, blind person and prodigal can be subjected to assistance upon being made a quasi-interdicted person.
准禁治產ノ言渡ハ配偶者、三親等內ノ親族及ヒ戶主ノ請求ニ因リ區裁判所之ヲ爲ス
The quasi-interdiction is pronounced by the Local Court on demand of the spouse, relatives within the three degrees of consanguinity and koshu.
保佐人ニ付テハ第二百二十四條及ヒ第二百二十五條ノ規定ヲ適用ス
With regard to the assistant, the provisions of Articles 224 and 225 are applicable.
第二百三十三條　第二百十七條乃至第二百二十條ノ規定ハ之ヲ准禁治產ニ適用ス
233.　The provisions of Articles 217-220 are applied to the quasi-interdiction.
裁判所ハ狀況ニ從ヒ保佐人ノ立會アルニ非サレハ管理行爲ヲモ爲スコトヲ得サル旨ヲ言渡スコトヲ得
The Court can pronounce according to the cir cumstances that, even the acts of administration cannot be done without the presence of the assistant.
第二百三十四條　准禁治產者カ保佐人ノ立會ナクシテ爲シタル行爲ニ付テハ第二百三十條ノ規定ヲ適用ス
234.　With regard to any acts done by the quasi-interdicted person without the presence of the assistant, the provisions of Article 230 are applicable.
第二百三十五條　准禁治產ノ原因止ミタルトキハ本人、配偶者、親族、姻族、戶主、保佐人又ハ檢事ノ請求ニ因リテ其禁ヲ解ク可シ
235.　Where the cause for quasi-interdiction ceases to exist, the quasi-interdiction shall be withdrawn on demand of the quasi-interdicted person himself, spouse, relatives by consanguinity or affinity, koshu, assistant or Public Procurator.
第三節　刑事上禁治產
SECTION III. CRIMINAL INTERDICTION.
第二百三十六條　刑事上禁治產ヲ受ケタル者ハ其財產ヲ管理スルコトヲ得ス又遺言ヲ以テスル外ハ其財產ヲ處分スルコトヲ得ス
236.　Any person criminally interdicted cannot administer his or her property and dispose of it except by a will.
第二百三十七條　刑事上禁治產者ニハ後見人ヲ付シテ其財產ヲ管理セシム此後見人ノ指定及ヒ管理ノ方法ニ付テハ民事上禁治產者ノ後見ニ係ル規定ヲ適用ス
237.　To the person criminally interdicted a guardian is attached to administer his or her property. With regard to the nomination of such guardian and the manner of administration, the provisions relating to the guardianship of the persons civilly interdicted are applicable.
第二百二十九條ノ場合ニ於テハ禁治產者ノ同意ヲ得ルヲ以テ足ル
In the case of Article 229, the assent of the interdicted person suffices.
第四節　瘋癲者ノ財產ノ假管理
SECTION IV. PROVISIONAL ADMINISTRATION OF PROPERTY OF LUNATICS.
第二百三十八條　禁治產ヲ受ケサル瘋癲者アルトキハ配偶者、親族、戶主及ヒ檢事ハ區裁判所ノ許可ヲ得テ特別法ニ定ムル手續ニ從ヒ之ヲ瘋癲病院ニ入レ又ハ自宅ニ監置スルコトヲ得
238.　Where there is a lunatic not interdicted, the spouse, relatives by consanguinity, koshu, and Public Procurator can, by obtaining the authorization of the Local Court, place such lunatic in a lunatic hospital or under custody in his or her own house in accordance with the measures provided for by special law.
此場合ニ於テハ裁判所ハ直チニ假管理人ヲ指定ス
In such case, the Court forthwith nominates a provisional administrator.
第二百三十九條　瘋癲病院ニ入リ又ハ自宅ニ監置セラレタル者ハ入院中又ハ監置中其財產ヲ管理シ及ヒ處分スルコトヲ得ス
239.　The person placed in a lunatic hospital or under custody in his or her own house cannot administer and dispose of his or her property during the stay in the hospital or during the custody.
第二百四十條　假管理人ハ瘋癲者ノ總テノ行爲ニ付テ之ヲ代表シ禁治產者ノ後見人ト同視セラル但必要ナル行爲ニ非サレハ之ヲ爲スコトヲ得ス
240.　The provisional administrator represents the lunatic in all his or her acts and is considered in the same light as guardians of interdicted persons. He cannot, however, do any acts unless they are necessary.
第二百四十一條　瘋癲者ノ入院中又ハ監置中ニ行爲ヲ爲シタル證據アルトキハ其行爲ヲ銷除スルコトヲ得但相手方カ瘋癲者ノ本心ニテ行爲ヲ爲シタルコトヲ證スルトキハ此限ニ在ラス
241.　Where there is the evidence that an act has been done by a lunatic during the stay in an hospital or during the custody, such act can be rescinded, unless the adversary proves that it has been done by such lunatic in. his or her sound mind.
第二百四十二條　瘋癲者ノ無能力ハ區裁判所カ假管理ヲ解クニ因リテ止ム
242.　The legal incapacity of a lunatic ceases upon the provisional administration being withdrawn by the Court.
第十三章　戶主及ヒ家族
CHAPTER XIII. KOSHU AND MEMBERS OF FAMILY.
第二百四十三條　戶主トハ一家ノ長ヲ謂ヒ家族トハ戶主ノ配偶者及ヒ其家ニ在ル親族、姻族ヲ謂フ
243.　A koshu is the head of a house, and the members of family are the spouse of the koshu and relatives by consanguinity or affinity being in the house.
戶主及ヒ家族ハ其家ノ氏ヲ稱ス
The koshu and members of family use the family name of the house.
第二百四十四條　戶主ハ家族ニ對シテ養育及ヒ普通敎育ノ費用ヲ負擔ス但家族カ自ラ其費用ヲ辨スルコトヲ得ルトキ又ハ戶主ノ許諾ヲ受ケスシテ他所ニ在ルトキハ此限ニ在ラス
244.　The koshu bears the expenses of maintenance and common education of the members of family, unless they can themselves pay such expenses or are living in another place without obtaining the permission of the koshu.
第二百四十五條　家族ハ特別ニ職業ヲ營ムニ因リテ取得シタル利益及ヒ其齎帶シ又ハ遺產相續、贈與若クハ遺贈ニ因リテ取得シタル財產ノ所有權ヲ有ス
245.　The members of family have the right of ownership of the profits acquired by carrying on business separately and of the property brought with them or acquired by successions to inheritance, donations or legacies.
然レトモ家族カ其家ノ爲メ消費シタル財產ニ付テハ戶主ニ對シテ償還ヲ求ムルコトヲ得ス
The members of family cannot, however, claim against the koshu repayment of property which they have consumed for the house.
第二百四十六條　家族ハ婚姻又ハ養子緣組ヲ爲サントスルトキハ年齡ニ拘ハラス戶主ノ許諾ヲ受ク可シ
246.　Where the members of family intend to contract marriages or adoptions, they shall obtain the permission of the koshu without regard to their age.
第二百四十七條　他家ニ入リテ夫、婦又ハ養子ト爲リタル者ハ婚姻ノ無效、養子緣組ノ無效、離婚又ハ離緣ノ場合ニ於テハ實家ニ復歸ス
247.　Any person, who has become the husband or wife or been adopted by entering into the other house, returns to his or her original house in the cases of the nullity of marriage or adoption, divorce, or dissolution of adoption.
然レトモ此者カ婚姻又ハ養子緣組ニ付キ實家戶主ノ許諾ヲ受ケサリシトキハ戶主ハ復歸ノ事由ヲ知リタル日ヨリ一个月內ニ身分取扱吏ニ申立テ復歸ヲ拒ムコトヲ得
Nevertheless, where such person has not obtained the permission of the koshu of his or her original house for the marriage or adoption, such koshu can refuse his or her return by making the statement to the civil status official within one month from the day on which such koshtt had knowledge of the reason for such return.
第二百四十八條　他家ニ入リテ夫又ハ婦ト爲リタル者ハ其配偶者ノ死亡シタルトキト雖モ婚家ヨリ更ニ他ノ家ニ入ルコトヲ得ス
248.　Any person who has become the husband or wife by entering into the other house cannot again enter into a house other than the same even though his or her spouse is dead.
然レトモ婚家及ヒ實家ノ戶主ノ許諾ヲ受ケテ實家ニ復歸スルコトヲ得
Such person can, however, return to his or her original house by obtaining the permission of the koshu of such house and that of the koshu of the house into which he or she has entered.
第二百四十九條　實家ニ復歸ス可キ者又ハ復歸セントスル者カ復歸スル能ハサルトキハ一家ヲ新立ス
249.　Where any person who is or intends to return to his or her original house cannot return to it, such person establishes a new house.
第二百五十條　推定家督相續人ニ非サル家族タル男子カ戶主ノ許諾ヲ受ケスシテ婚姻ヲ爲シタルトキハ一家ヲ新立ス
250.　Where a male member of family who is not a presumptive heir to hatokii has contracted the marriage without obtaining the permission of the koshu, he establishes a new house.
第二百五十一條　家督相續ニ因リテ戶主ト爲リタル者ハ其家ヲ廢スルコトヲ得ス但分家ヨリ本家ヲ承繼シ其他正當ノ事由アルトキハ區裁判所ノ許可ヲ得テ廢家スルコトヲ得
251.　Any person who has become a koshu by succession to katoku cannot abolish the house of which he is the koshu. Nevertheless, where the koshu of a main house is succeeded by the koshu of its branch house, or where there are any other good and sufficient reasons, a house can be abolished by obtaining the authorization of the Local Court.
第二百五十二條　戶主カ國民分限ヲ喪失シタルトキハ廢家シタルモノトシ推定家督相續人ハ一家ヲ新立シ前戶主ノ家族ハ新戶主ノ家ニ入ル
252.　Where the koshu has lost the nationality, his or her house is held to be abolished, and his or her presumptive heir to katoku establishes a new house, and the members of family belonging to the former koshu enter into the house of the new koshu.
第二百五十三條　戶主カ婚姻其他ノ原因ニ由リテ適法ニ廢家シ他家ニ入リタルトキハ其家族モ亦從テ其家ニ入ル
253.　Where the koshu has lawfully abolished his or her house by the marriage or any other causes and entered into the other house, the members of his or her family also enter into such house consequently.
第二百五十四條　卑屬親ヲ有スル者カ婚姻若クハ養子緣組ノ無效又ハ離婚若クハ離緣ニ因リテ婚家又ハ緣家ヲ去ルトキハ卑屬親ハ仍ホ其家ニ屬ス
254.　Where any person having the descendants leaves the house, into which such person has entered by the marriage or adoption, on account of the nullity of such marriage or adoption, divorce, or dissolution of adoption, such descendants still belong to such house.
第二百五十五條　父母ノ知レサル子ハ一家ヲ新立ス
255.　A child whose father and mother are unknown, establishes a new house.
第二百五十六條　他家ニ入リテ夫、婦又ハ養子ト爲リタル者ハ配偶者又ハ養子ヲ爲シタル者ト協議ノ上兩家ノ戶主ノ許諾ヲ受ケテ實家ニ在ル卑屬親ヲ自家ニ引取ルコトヲ得
256.　Any person who has become the husband or wife or been adopted by entering into the other house can, after the arrangement with his or her spouse or the adopter, take into his or her house those descendants who remain in his or her original house, by obtaining the permission of the koshu of the both houses.
婚姻若クハ養子緣組ノ無效又ハ離婚若クハ離緣ニ因リテ婚家又ハ緣家ヲ去リタル者ハ配偶者又ハ養子ヲ爲セシ者ト協議ノ上兩家ノ戶主ノ許諾ヲ受ケテ其家ニ在ル卑屬親ヲ自家ニ引取ルコトヲ得
Any person who has left the house, into which he or she entered by the marriage or adoption, on account of the nullity of such marriage or adoption or divorce or dissolution of adoption, can, after the arrangement with the person who was his or her spouse or adopter, take into his or her house those descendants who remain in such house, by obtaining the permission of the koshu of the both houses.
第二百五十七條　戶主カ家族ニ對シテ婚姻其他ノ事件ニ付キ許諾ヲ與フ可キ場合ニ於テ未成年ナルトキ又ハ其意思ヲ表スル能ハサルトキハ戶主ニ對シテ親權ヲ行フ者又ハ後見人之ヲ代表ス
257.　Where the koshu, who is to give to the members of his or her family the permission for marriages or any other matters, is in minority or cannot express his or her intent, such koshu is represented by the person exercising the parental power over him or her, or the guardian.
第二百五十八條　入夫婚姻ノ場合ニ於テハ婚姻中入夫ハ戶主ヲ代表シテ其權ヲ行フ
258.　In the case of the marriage of niufu, the niufu represents the koshu and exercises the power of such koshu during such marriage.
第二百五十九條　戶主失踪ノ宣言アリタル後其家督相續ノ占有ヲ得タル者ハ其占有中戶主ノ權ヲ行フ
259.　Any person, who has obtained the possession of the succession to katoku of an absent koshu after such absence was declared, exercises the power of the koshu during such possession.
第二百六十條　單身戶主失踪ノ宣言アリテ其亡失若クハ最後音信ノ日ヨリ三十个年ニ至ルモ家督相續ノ占有者ナキトキハ絕家ス
260.　Where the absence of a koshu without family has been declared, and there is no possessor of the succession to katoku after thirty years have elapsed from the day of such koshu's disappearance or last tiding ; the house becomes extinguished.
第二百六十一條　戶主死亡シテ家督相續人ナキトキハ絕家シ其家族ハ一家ヲ新立ス
261.　Where a koshu is dead and there is no heir, the house becomes extinguished and the members of his or her family establish a new house.
第十四章　住所
CHAPTER XIV. DOMICILE.
第二百六十二條　民法上ノ住所ハ本籍地ニ在ルモノトス
262.　The civil domicile is in the place where the honseki (permanent residence) is situated.
第二百六十三條　戶主ハ本籍ヲ移ス地ノ身分取扱吏ニ申述シテ住所ヲ變更スルコトヲ得
263.　A koshu can change the domicile by making the statement to the civil status ofificial of the place to which his or her honseki is to be removed.
未成年者又ハ民事上禁治產者タル戶主ノ住所ハ親族會ノ許可ヲ得テ後見人之ヲ變更スルコトヲ得
The domicile of a minor koshu or civilly interdicted koshu can be changed by the guardian by obtaining the authorization of the family council.
第二百六十四條　家族カ獨立シテ一家ヲ成ストキハ本籍ヲ定ムル地ノ身分取扱吏ニ其意思ヲ申述シテ住所ヲ設定スルコトヲ得
264.　Where members of family form a house independently they can establish their domicile by stating their intention to the civil status official of the place where they are to fix their honseki.
一家新立ノ未成年者ニ付テハ後見人住所ヲ設定ス可シ
With regard to a minor forming a new house, the guardian shall establish the domicile.
第二百六十五條　外國人始メテ日本ニ住所ヲ定ムルトキハ其意思竝ニ本國、氏名及ヒ出生年月日ヲ其地ノ身分取扱吏ニ申述シ家族アルトキハ其氏名及ヒ出生年月日ヲモ申述ス可シ
265.　Where a foreigner fixes the domicile in Japan for the first time, his or her intention, the country to which he or she belongs, and names, as well as the year, month and day of his or her birth shall be stated to the civil status official of the place where he or she fixes the same, and if he or she has the members of family, their names and the year, month and day of their birth shall also be stated.
第二百六十六條　本籍地カ生計ノ主要タル地ト異ナルトキハ主要地ヲ以テ住所ト爲ス
266.　Where the place of honseki is different from the principal place of livelihood, such principal place is held to be the domicile.
第二百六十七條　左ノ場合ニ於テハ居所ヲ以テ住所ニ代用ス
267.　The place of residence is used in lieu of the domicile :--
第一　住所ノ知レサルトキ
i.　Where the domicile is not known ;
第二　日本ニ住所ヲ定メサル外國人ニ關スルトキ
ii.　Where a foreigner not fixing the domicile in Japan is concerned.
第二百六十八條　何人ト雖モ或ル行爲又ハ事務ノ爲メニ假住所ヲ選定スルコトヲ得但此選定ハ書面ヲ以テスルコトヲ要ス
268.　Any person can select his or her provisional domicile for the purpose of certain acts or affairs. Such selection must, however, be made in a writing.
第十五章　失踪
CHAPTER XV. ABSENCE.
第一節　失踪ノ推定
SECTION I. PRESUMPTION OF ABSENCE.
第二百六十九條　住所及ヒ居所ヨリ亡失シ又ハ音信絕エテ生死分明ナラサル人ハ之ヲ失踪者ト推定ス
269.　Any person who has disappeared from the domicile and place of residence, or of whom no tidings have been heard, and whose life or death is not certain, is presumed an absentee.
此推定ノ裁判ハ本人ノ住所ノ區裁判所之ヲ爲ス
Such presumption is decided by the Local Court of such person's domicile.
第二百七十條　失踪ノ推定ヲ受ケタル者カ總理代理人ヲ定置キタルトキハ其代理人ハ失踪ノ推定中本人ノ財產ヲ管理ス但必要アルトキハ裁判所ハ現實ノ利益ヲ有スル關係人、推定相續人又ハ檢事ノ請求ニ因リテ代理人ノ解任ヲ言渡シ又ハ其後任ヲ指定スルコトヲ得
270.　Where a general agent has been appointed by a presumed absentee, such agent administers the property of such absentee during such presumption of absence. In case of necessity, the Court can, however, pronounce the dismissal of such agent, or nominate his successor in agency, on demand of those actually interested, or the heir presumptive or Public Procurator.
第二百七十一條　失踪ノ推定ヲ受ケタル者カ總理代理人ヲ定置カサリシトキハ裁判所ハ前條ニ揭ケタル者ノ請求ニ因リテ管理人ヲ指定ス
271.　Where a general agent has not been appointed by a presumed absentee, the Court nominates an administrator on demand of those in the preceding Article mentioned.
此管理人ニハ成ル可ク推定相續人ヲ指定スルコトヲ要ス
The heir presumptive must be nominated for such administrator as far as it can be.
第二百七十二條　代理人又ハ管理人ハ管理行爲ヲ爲ス權限ノミヲ有ス他ノ行爲ニ付テハ必要ノ場合ニ限リ裁判所ノ許可ヲ得テ之ヲ爲スコトヲ得
272.　The agent or administrator has only the power to do the acts of administration. Any other acts can only be done in case of necessity by obtaining the authorization of the Court.
代理人又ハ管理人ハ本人ノ利益ニ關係アル目錄調製、計算及ヒ淸算ニ付テ本人ヲ代表ス
They represent the absentee in preparation of the inventory, accounts, and liquidation, relating to the interests of such absentee.
第二百七十三條　管理人ハ失踪者ノ動產及ヒ證書ノ目錄ヲ調製ス可シ又不動產ノ形狀ヲ確定セシムル爲メ鑑定人ノ選定ヲ裁判所ニ請求スルコトヲ得鑑定人ノ報吿書ハ裁判所ノ認可ニ付スルコトヲ要ス此等ノ手續ノ費用ハ本人ノ財產ヲ以テ之ヲ支辨ス
273.　The administrator shall prepare the inventory of the movables and documents belonging to the absentee and he can demand to the Court for selection of experts for having the state of immovables ascertained. The report of such experts must be submitted to the Court for approval. The expenses for these steps taken are paid out of the absentee's property.
關係人、推定相續人又ハ檢事ノ請求アルトキハ本條ノ規定ヲ代理人ニ適用スルコトヲ得
The provision of this Article can be applied to the agent, if so demanded by those concerned, the heir presumptive or Public Procurator.
第二百七十四條　代理人又ハ管理人ハ推定相續人ヲ除ク外其請求ニ因リテ裁判所ノ定メタル給料ヲ受ク裁判所ハ管理及ヒ財產返還ノ擔保トシテ保證人其他相當ノ擔保ヲ立テシムルコトヲ得
274.　The agent or administrator except the heir presumptive is entitled to the salary fixed by the Court on their demand. The Court can direct them to furnish surety or other proper guaranty for guaranteeing the administration and restitution of property.
第二百七十五條　代理人又ハ管理人ハ失踪者ノ子孫ノ敎育、婚姻又ハ營業ノ爲メ資財ヲ與フルニ付テハ區裁判所ノ許可ヲ受クルコトヲ要ス
275.　The agent or administrator must obtain the authorization of the Local Court for giving the funds required for the education, marriage or business of the absentee's descendants.
第二節　失踪ノ宣言
SECTION II. DECLARATION OF ABSENCE.
第二百七十六條　失踪者カ代理人ヲ定置カサリシトキハ五个年又代理人ヲ定置キタルトキハ任期ノ長短ヲ問ハス七个年ニ至ルモ其生死ノ音信ヲ得サルニ於テハ失踪者ノ死亡ニ因リテ發生スル權利ヲ其財產上ニ有スル者ハ失踪者ノ住所ノ區裁判所ニ失踪ノ宣言ヲ請求スルコトヲ得
276.　Where no tidings are obtained of an absentee's life or death, after five years in the case of an agent not having been appointed by such absentee, or seven years in the contrary case without regard to any length of the term of such agency, have elapsed, any person who has the right accruing upon such absentee's death over his or her property can demand the declaration of absence to the Local Court of such absentee's domicile.
第二百七十七條　右請求ノ許ス可キモノナルトキハ裁判所ハ失踪者ノ住所及ヒ其最後ノ居所ノ地ニ於テ證人訊問ヲ爲ス可キコトヲ命ス可シ此證人訊問ニ付テハ民事訴訟法ニ定メタル忌避ノ規則ヲ適用セス
277.　Where such demand is admissible, the Court shall direct the examination of witnesses to be held at the places of the absentee's domicile and last residence. With regard to such examination of witnesses, the rules of refusal provided for in the Code of Civil Procedure are not applicable.
第二百七十八條　證人訊問ヲ命スル決定ハ裁判所ノ揭示板ニ揭示シ且官報又ハ公報ニ揭載シテ之ヲ公示ス可シ
278.　The rule directing the examination of witnesses shall be posted on the notice-board of the Court and publicly notified by insertion in the Official Gazette or public advertizer.
第二百七十九條　失踪宣言ノ裁判ハ證人訊問ヲ命シタル決定ヨリ一个年ノ後ニ非サレハ之ヲ宣吿スルコトヲ得ス
279.　The decision for the declaration of absence can only be pronounced after one year from the rule directing the examination of witnesses.
此裁判ハ前條ノ手續ニ從ヒテ之ヲ公示ス可シ
Such decision shall be publicly notified in the manner in the preceding Article mentioned.
第三節　失踪宣言ノ效力
SECTION III. EFFECTS OF DECLARATION OF ABSENCE.
第二百八十條　失踪宣言ノ裁判アリタルトキハ失踪者ノ遺言書ハ關係人、推定相續人又ハ檢事ノ請求ニ因リテ之ヲ開封ス可シ
280.　Where the decision for the declaration of absence has been renderd, the absentee's testament shall be opened on demand of those concerned, the heir presumptive or Public Procurator.
失踪者ノ亡失又ハ最後音信ノ日ニ於ケル推定相續人其他失踪者ノ死亡ニ因リテ發生スル權利ヲ其財產上ニ有スル者ハ直チニ其財產ヲ占有スルコトヲ得
The heir presumptive at the day of the absentee's disappearance or last tiding, or any other person having the right accruing upon such absentee's death over his or her property, can forthwith take possession of such property.
第二百八十一條　失踪者ニ屬スル財產ノ占有ニ付テハ總テ相續ニ關スル規定ヲ適用ス
281.　With regard to possession of the property belonging to an absentee, all the provisions relating to successions are applicable.
此占有ヲ得タル者ハ第三者ニ對シテハ財產ノ所有者トス
Any person who has acquired such possession of property is held to be its owner as against third persons.
然レトモ占有者ハ推定相續人ヲ除ク外財產返還ノ擔保トシテ裁判所カ相當ト認ムル保證人其他ノ擔保ヲ立ツ可シ其保證人ノ義務又ハ擔保ハ十五个年ノ後止ム
Such possessor except the heir presumptive shall, however, furnish for guaranteeing restitution of the property a surety or any other guaranty recognized by the Caurt as to be sufficient. The obligation of such surety, or such guaranty ceases after fifteen years.
第二百八十二條　失踪者ノ現出シ又ハ音信アリタルトキハ失踪宣言ノ效力ハ即時ニ止ム
282.　Where the absentee has appeared, or any tiding has been heard of such absentee, the effects of the declaration of absence cease at once.
失踪者ハ其財產ヲ現狀ノ儘ニテ取囘シ又占有者ノ處分ニ因リテ不當ニ利得シタルモノヲ取戾スコトヲ得
Such absentee can recover his or her property in such state as it is then, and reclaim whatever its possessor has unduly enriched himself by disposing of it.
第二百八十三條　果實ニ付テハ失踪者カ其亡失又ハ最後音信ノ日ヨリ十个年內ニ現出スルトキハ其五分ノ一ヲ取戾スコトヲ得十个年後ハ其全部ヲ失フ
283.　With regard to fruits, the absentee can reclaim one-fifth of them, when he or she appears within ten years from the day of his or her disappearance or last tiding ; after ten years they are lost in whole.
第二百八十四條　失踪者ノ相續順位ニ在ル者ハ他ノ者カ財產占有ヲ得タル日ヨリ三十个年間其財產ノ返還ヲ請求スルコトヲ得
284.　Any person, who is placed in the rank of succeeding to an absentee, can demand restitution of such absentee's property for thirty years from the day on which another person has acquired the possession of it.
此場合ニ於テモ果實ハ前條ノ規定ニ從ヒテ之ヲ取戾スコトヲ得
In this case fruits can also be reclaimed in conformity with the provision of the preceding Article.
第四節　失踪ノ推定及ヒ宣言ニ關スル通則
SECTION IV. GENERAL PROVISIONS RELATING TO PRESUMPTION AND DECLARATION OF ABSENCE.
第二百八十五條　失踪シテ生存ノ確實ナラサル人ニ歸ス可キ權利ヲ請求スル者ハ其人カ權利ノ發生セシ日ニ生存シタルヲ證スルコトヲ要ス此擧證ヲ爲ササル間ハ其請求ヲ受理セス
285.　Any person, who demands a right to fall to a person whose existence is not certain on account of absence, must prove that the latter was alive at the day on which such right has accrued. Until the above evidence is adduced, such demand is not entertained.
第二百八十六條　失踪シテ生存ノ確實ナラサル人ニ歸ス可キ相續ハ次順位ノ者ニ屬ス
286.　A succession to fall to a person whose existence is not certain on account of absence belongs to a person next to him or her in the rank of succession.
失踪者ニ歸ス可キ財產ヲ相續スル者ハ財產目錄ヲ調製ス可シ
Any person who succeeds to the property to fall to an absentee shall prepare its inventory.
第二百八十七條　前二條ノ規定ハ失踪者又ハ其相續人及ヒ承繼人ニ屬スル相續ノ請求其他ノ權利ヲ行フヲ妨クルコト無シ此等ノ權利ハ普通ノ時效ニ因ルニ非サレハ消滅セス
287.　The provisions of the two preceding Articles are without prejudice to the exercise of the right to demand successions or any other rights belonging to absentees or their heirs and successors. These rights become only extinguished by the ordinary prescription.
第五節　不在者ニ關スル規則
SECTION V. RULE RELATING TO PERSON NOT PRESENT.
第二百八十八條　生存ノ確實ナル人カ住所若クハ居所ヲ去リテ其財產ヲ管理スル者アラサルトキ又ハ裁判所カ未タ失踪ヲ推定セサルモ本人ノ不在ノ爲メ其財產ノ放置セラルルトキ又ハ失踪ノ推定中若クハ宣言後ニ失踪者ノ生存ノ確實ト爲リタルトキハ區裁判所ハ利害關係人又ハ檢事ノ請求ニ因リテ必要ノ保存處分ヲ命スルコトヲ得
288.　Where a person whose existence is certain has left the domicile or place of residence and there is none who administers the property of such person, or where the property of a person is not cared for on account of such person being not present even though he or she is not yet presumed by the Court to be an absentee, or where the existence of an absentee has become certain during the presumption of absence or even after its declaration, the Local Court can direct on demand of those interested or the Public Procurator necessary dispositions for preservation of such property.
第十六章　身分ニ關スル證書
CHAPTER XVI. DOCUMENTS RELATING TO CIVIL STATUS.
第二百八十九條　出生、婚姻、養子緣組、死亡其他各人ノ身分ニ關スル事件ハ身分取扱吏ノ主管スル帳簿ニ之ヲ記載ス可シ
289.　Birth, marriage, adoption, death, or any other matters relating to the civil status of every person shall be mentioned in the register kept by the civil status official.
第二百九十條　帳簿ニ記載シタル證書ハ公正證書ノ證據力ヲ有ス但違法ノ記載ハ效力ナシ
290.　The documents mentioned in the register have the probatory force equal to an authentic document, but an illegal mention has no effects.
合式ノ謄本ハ證書ト同一ノ效力ヲ有ス
The formal copies have the same effects as the documents themselves.
第二百九十一條　帳簿ノ設備ナク若クハ中絕シタルトキ又ハ其全部若クハ一分ノ毀損シ亡滅シタルトキ又ハ其記載上甚シキ違式、錯誤若クハ脫漏アリテ信用ヲ置ク可カラサルトキ又ハ身分取扱吏ノ詐欺若クハ過失ニ因リテ證書ヲ作ラサリシトキハ證人又ハ私ノ書類ヲ以テ先ツ其事實ヲ證シ且身分上ノ事件ヲ證スルコトヲ得
291.　Where the register is not kept or its keeping is discontinued, or it is injured or lost in whole or in part or is not to be relied on on account of there being in its mentions gross informalities, mistakes or omissions, or any document has not been made by deceits or faults of the civil status official, such facts as well as the matters relating to the civil status can be proved by witnesses or private writings.
第二百九十二條　證書ノ訂正ハ裁判ヲ以テスルニ非サレハ之ヲ爲スコトヲ得ス
292.　The documents can only be rectified by decisions of the Court.
第二百九十三條　帳簿ノ調製、證書ノ記載、屆出ノ手續其他ノ事項ハ特別法ヲ以テ之ヲ規定ス
293.　Preparation of the register, mention of the documents, manner of declaration and any other matters are regulated by special law.