7.　A child of a Japanese even though born in a foreign country.

8.　A child can elect the nationality of Japanese :--

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.

10.　A foreign woman who marries a Japanese acquires the nationality of Japanese, and keeps it even after the dissolution of such marriage.

11.　A foreigner can acquire the nationality of Japanese by naturalization, the conditions and formalities of which are provided for by special law.

12.　A Japanese loses his or her nationality :--

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.

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.

15.　A Japanese woman who marries a foreigner loses the nationality of Japanese.

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.

17.　Changes of the nationality are only operative in future.

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.

30.　A man before the full age of seventeen, and a woman before full fifteen, cannot contract marriage.

31.　A person who has the spouse cannot contract another marriage.

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.

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.

34.　In the direct line, marriage is prohibited between the ascendants and descendants.

35.　In the collateral line, marriage is prohibited between brother and sister, and between uncle and niece, and between aunt and nephew.

36.　Marriage is prohibited between the relatives by affinity in the direct line even after such relation has ceased to exist.

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.

38.　A child cannot contract marriage without the permission of the father and mother.

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.

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.

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.

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.

43.　The marriage shall be celebrated at the place of domicile or residence of one of the parties.

44.　At the time of making the statement in the preceding Article mentioned, the both parties shall produce the following documents :--

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.

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.

47.　The marriage comes to existence by celebrating it in the presence of two witnesses in conformity with the usage.

48.　The celebration of marriage must take place not earlier than three days nor later than thirty days from the statement thereof.

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.

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.

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.

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.

53.　The existence of marriage shall be proved by the document of marriage, except in the cases provided for in Article 291.

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.

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.

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.

57.　The right demanding the nullity of marriage on the ground of the improper age becomes extinguish ed :--

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.

59.　The marriage is nulll and void :--

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.

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.

62.　The right of action for nullity in Article 60 mentioned becomes extinguished :--

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.

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.

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.

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.

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.

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.

69.　The authorization of the husband may be either specific or universal. The universal authorization must be given by a document.

70.　The wife is not required to be authorized by her husband :--

71.　The husband is not bound by the authorization given by him to his wife.

72.　The acts done by the wife without the authorization of her husband can be rescinded.

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.

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.

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.

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.

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.

78.　The husband and wife can effect the divorce by their mutual consent in conformity with the conditions and formalities hereinafter provided for.

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.

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 :--

89.　The divorce is only operative after the declaration has been made thereof or the decision thereon has become final and conclusive.

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.

91.　A child conceived during the marriage is the child of the husband.

92.　The legitimacy of a child is proved by the document of birth.

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.

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 :--

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.

96.　A child whose father is unknown is the natural child.

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.

98.　A natural child becomes an illegitimate child upon being acknowledged by the father.

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.

100.　The right of action for disavowal belongs only to the husband. Such right can only be exercised after the birth of a child.

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.

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.

103.　An illegitimate child becomes legitimated by the marriage of his or her father and mother.

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.

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.

106.　Any person cannot adopt unless he or she is older than one who is to be adopted, and a major.

107.　Any person who has a son to succeed to the katoku (headship of house) cannot adopt.

108.　The guardian cannot adopt the ward before he renders the account of administration, unless he adopts by a will.

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.

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.

111.　Any person who has become the koshu by the succession to katoku cannot be adopted by another.

112.　A foreigner cannot be adopted by Japanese.

113.　The adoption comes to existence by the consent of the parties.

114.　The parties shall at the time of making the statement of adoption to the civil status official produce the following writings :--

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.

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.

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.

118.　With regard to the adoption of a natural child, his or her mother consents theretp or gives the permission thereof.

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.

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.

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.

122.　The adoption by a will is effected by a testament.

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.

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.

125.　The provisions of Articles 50-52 apply to the adoption. The conditions provided for in Section I of this Chapter must be observed.

126.　The adoption is proved by the document of adoption, without prejudice, however, to the application of the provisions of Article 291.

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.

128.　The adoption is null and void when one of the conditions provided for in Section I of this Chapter is infringed.

129.　The adoption is null and void :--

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.

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.

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.

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.

134.　The adopted has from the day of the adoption the rights and duties of a legitimate child in the adopting house.

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.

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.

137.　The adopter and adopted can dissolve the adoption by their mutual consent.

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.

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 :--

140.　The dissolution of adoption can only be demanded for the following causes :--

141.　The right of action demanding the dissolution of adoption belongs only to the adopter or adopted.

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.

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.

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.

145.　The dissolution of adoption cannot be effected after the adopted has succeeded to the katoku.

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.

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.

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.

149.　The parental power is exercised by the father.

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.

151.　The father or mother has the correctional power over his or her children. Nevertheless an excessive correctional act cannot be done.

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.

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.

154.　In the administration by the father, even the acts in Article 194 mentioned are deemed as acts of administration.

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.

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.

157.　The provisions of this Section apply to the case of administration by the mother of the property of her child.

158.　In the case of the parental power being exercised by a tekibo, step-father or step-mother, an adviser may be attached.

159.　The adviser has the same power and obligation as a guardian.

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.

161.　The guardianship commences on the death of a survivor of the father and mother of a minor.

162.　There shall be only one guardian even though there are several minors in one and the same house.

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.

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.

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.

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.

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.

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.

169.　A supervisor of guardian may be attached to the guardianship.

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.

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.

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.

173.　Where the koshu is a major, a family council need not be established for a member of his family.

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.

175.　Any member of the family council cannot sit in the meeting in which he or she is himself or herself interested.

176.　Where a family council cannot be established, the Local Court attends to the affairs to be managed by such council.

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.

178.　The following persons are, as of course, exempted from being guardians :--

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.

180.　The following persons can neither be guardians nor be members of a family council :--

181.　The following persons shall be excluded from guardianships and family councils, and those actually discharging the duties are dismissed :--

182.　Guardians or members of a family council are excluded or dismissed by such council.

183.　When a guardian has knowledge of commencement of the guardianiship, he must forthwith enter into his duties.

184.　The guardian has the charge of the minor and is liable for his or her education.

185.　The guardian can exercise correctional power over the minor as his or her father and mother.

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.

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.

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.

189.　Until completion of the inventory, the guardian can only do urgent and indispensable acts of administration.

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.

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.

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.

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.

194.　In respect to the following acts, guardians must obtain the authorization of the family council :--

195.　The guardian cannot acquire by alienation the minor's property or the rights against him or her.

196.　The guardian cannot take the minor's immovables on lease unless he obtains the authorization of the family council.

197.　Any act done by the guardian within the scope of his power is binding on the minor.

198.　The supervisor of guardian is bound to supervise the administration of a guardian.

199.　Where there exists opposition of interests between the minor and guardian, the supervisor of guardian represents such minor.

200.　In case of necessity the supervisor of guardian can do acts of preservation.

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.

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.

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.

204.　Any person who makes a provisional administration can only do necessary acts.

205.　The guardian shall render the accounts of his administration when it is terminated.

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.

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.

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.

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.

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.

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.

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.

222.　Any person who is in a habitual state of unsound mind can be interdicted, even though such state presents some lucid intervals.

223.　The interdiction can be demanded to the Local Court by the spouse, relatives within the four degrees of consanguinity, koshu and Public Procurator.

224.　The interdicted person is subjected to guardianship.

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.

226.　The provisions relating to the guardianship of minors are applied to that of interdicted persons.

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.

228.　The legal guardian is not required to make the report on the circumstances of administration provided for in Article 192.

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.

230.　The interdicted person is a person of legal incapacity from, the day on which the decision for such interdiction has been pronounced.

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.

232.　A person of unsound noind, deaf-mute, blind person and prodigal can be subjected to assistance upon being made a quasi-interdicted person.

233.　The provisions of Articles 217-220 are applied to the quasi-interdiction.

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.

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.

236.　Any person criminally interdicted cannot administer his or her property and dispose of it except by a will.

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.

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.

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.

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.

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.

242.　The legal incapacity of a lunatic ceases upon the provisional administration being withdrawn by the Court.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

279.　The decision for the declaration of absence can only be pronounced after one year from the rule directing the examination of witnesses.

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.

281.　With regard to possession of the property belonging to an absentee, all the provisions relating to successions are applicable.

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.

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.

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.

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.

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.

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.

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.