CONTENTS. CHAPTER I.-- Enjoyment and Exercise of Private Rights. CHAPTER II.-- Nationality. SECTION I. -- Acquisition of Nationality. SECTION II.-- Loss and Recovery of Nationality. SECTION III.-- Formalities for and Effects of Changes of Nationality. CHAPTER III.-- Consanguinity and Affinity. CHAPTER IV.-- Marriage. SECTION I.-- Conditions necessary for Marriage. SECTION II.-- Formalities for Celebration of Marriage. SECTION III.-- Marriage contracted by Japanese in Foreign Country and by Foreigner in Japan. SECTION IV.-- Evidence for Existence of Marriage. SECTION V.-- Non-existence and Nullity of Marriage. SECTION VI.-- Effects of Marriage. SECTION VII.-- Penalty. CHAPTER V.-- Divorce. SECTION I.-- Divorce by Mutual Consent. SECTION II.-- Divorce for Determined Causes. SUBSECTION 1.-- Causes of Divorce and for not Entertaining Demand for Divorce. SUBSECTION 2.-- Provisional Dispositions. SUBSECTION 3.-- Action for Divorce. SECTION III.-- Effects of Divorce. CHAPTER VI.-- Parents and Child. SECTION I.-- Evidence for the Quality of Parents and Child. SECTION II.-- Right of Action for Disavowal. SECTION III.-- Right of Illegitimate and Natural Child to become Legitimate Child. CHAPTER VII.-- Adoption SECTION I.-- Conditions necessary for Adoption. SECTION II.-- Formalities of Adoption. SECTION III.-- Evidence for Adoption. SECTION IV.-- Non-existence and Nullity of Adoption. SECTION V.-- Effects of Adoption. SECTION VI.-- Penalty. CHAPTER, VIII.-- Dissolution of Adoption. SECTION I.-- Dissolution by Mutual Consent. SECTION II.--Dissolution of Adoption for Determined Causes. SECTION III.-- Effects of Dissolution of Adoption. CHAPTER IX.-- Parental Power. SECTION I.-- Power over the Person of Child SECTION II.--Administration of Property of Child. SECTION III.-- Special Rules for Tekibo, Step-father and Stepmother. CHAPTER X.-- Guardianship. General provisions. SECTION I.-- Guardian. SECTION II.-- Supervisor of Guardian. SECTION III.-- Family Council. SECTION IV.-- Exemption from Guardianship. SECTION V.-- Disqualification, Exclusion and Dismissal of Guardian and Member of Family Council. SECTION VI.-- Administration of Guardian. SECTION VII.-- Duties of Supervisor of Guardian. SECTION VIII.-- Termination of Guardianship. SECTION IX.-- Accounts of Guardianship. CHAPTER XI.-- Emancipation. CHAPTER XII.-- Interdiction. SECTION I.-- Civil Interdiction. SECTION II.-- Quasi-interdiction. SECTION III.-- Criminal Interdiction. SECTION IV.-- Provisional Administration of Property of Lunatics. CHAPTER XIII.-- Koshuu and Members of Family. CHAPTER XIV.-- Domicile. CHAPTER XV.-- Absence. SECTION I.-- Presumption of Absence. SECTION II.-- Declaration of Absence. SECTION III.-- Effects of Declaration of Absence. SECTION IV.-- General Provisions relating to Presumption and Declaration of Absence. SECTION V.-- Rule relating to Person not Present. CHAPTER XVI.-- Documents relating to Civil Status. CIVIL CODE. BOOK ON THE LAW OF PERSON. CHAPTER I. ENJOYMENT AND EXERCISE OF PRIVATE RIGHTS.

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.

2. A child conceived is deemed as already born so far as protection of interests of such child is concerned.

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.

4. Foreigners enjoy private rights, excepting those which are prohibited by law or treaty.

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.

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. 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.

CHAPTER II. NATIONALITY.

SECTION I. ACQUISITION OF NATIONALITY.

7. A child of a Japanese even though born in a foreign country. 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. A child whose father is unknown follows the nationality of the mother. 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.

8. A child can elect the nationality of Japanese :-- i. Where the mother is Japanese although the father is a foreigner ; ii. Where born in Japan of a foreigner ; iii. Where born of a person who has lost the nationality of Japanese, after such loss of the nationality ; iv. Where born of a naturalized person, and is a major.

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. 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.

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. The wife and minor child of a naturalized person acquire the nationality of Japanese when they have fixed their residence in Japan.

SECTION II. LOSS AND RECOVERY OF NATIONALITY.

12. A Japanese loses his or her nationality :-- i. When he or she has voluntarily acquired the nationality of a foreigner ; 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.

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. 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.

SECTION III. FORMALITIES FOR AND EFFECTS OF CHANGES OF NATIONALITY.

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. Such declaration may be made by a special agent.

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.

CHAPTER III. CONSANGUINITY AND AFFINITY.

19. Consanguinity is the relation of the persons connected to each other by blood. Any relation of consanguinity other than the six degrees of the same produces no civil effects.

20. The proximity of consanguinity is determined by the number of generations, and one generation is one degree of consanguinity. 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. 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.

21. In the direct line, the degree of consanguinity is determined by computing the number of generations between the relatives. 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.

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.

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.

24. Affinity is the relation produced by marriage between one of husband and wife and the relatives by consanguinity of the other. 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.

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. The affinity ceases to exist by a judgment for nullity of marriage or divorce, or by the surviving spouse leaving the house.

26. The relatives by consanguinity in the direct line are bound to give aliment to each other. 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.

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.

28. The rank of the persons bound to give alimen is as follows :-- i. Those in Article 26 mentioned ; ii. Brothers and sisters. As between the relatives by consanguinity in the direct line, those most proximate in the degree are bound to give aliment.

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.

CHAPTER IV. MARRIAGE.

SECTION I. CONDITIONS NECESSARY FOR MARRIAGE.

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. This prohibition ceases from the day on which she has given birth to a child.

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. Where one of the father and mother is dead or cannot express his or her intent, the permission of the other suffices. 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.

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. Where one of the grandfather and grandmother is dead or cannot express his or her intent, the permission of the other suffices.

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.

SECTION II. FORMALITIES FOR CELEBRATION OF MARRIAGE.

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

44. At the time of making the statement in the preceding Article mentioned, the both parties shall produce the following documents :-- i. The document of birth ; ii. The document proving the dissolution of the former marriage ; iii. The permission in writing required for the marriage, or the writing proving the reason that such permission cannot be obtained.

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. 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 :-- 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 ; ii. The place, year, month, and day of birth of the party ; iii. The causes by which the party cannot present the document of birth, and the reasons for which, the witnesses have known such fact.

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. In such case the civil status official shall issue the writing directing such stopping and giving the grounds therefor. Where the parties consider such stopping improper, they can demand its annulment to the Local Court by way of complaint. The Court shall transact such matter in the same manner as vacation business.

47. The marriage comes to existence by celebrating it in the presence of two witnesses in conformity with the usage. The consent of the parties exists by such celebration.

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.

SECTION III. MARRIAGE CONTRACTED BY JAPANESE IN FOREIGN COUNTRY AND BY FOREIGNER IN JAPAN.

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. When such marriage has been celebrated, it shall be declared in accordance with the provision of Article 49.

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. 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.

SECTION IV. EVIDENCE FOR EXISTENCE OF MARRIAGE.

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.

SECTION V. NON-EXISTENCE AND NULLITY 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. The marriage contracted in contravention of the provisions of Articles 34-37 does not also exist. Non-existence of a marriage can be at any time stated by any person.

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. 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.

57. The right demanding the nullity of marriage on the ground of the improper age becomes extinguish ed :-- 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 ; ii. Where the wife is pregnant, while she is not in the proper age, even after nullity of marriage has been demanded ; 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.

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. 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.

59. The marriage is nulll and void :-- 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 ; ii. Where the civil status official is incompetent ; iii. Where the marriage has been celebrated in contravention of the provision of Article 48 ; iv. Where the marriage has been celebrated without presence of two witnesses. 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.

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. The same applies to the case of the permission caused by coercion even though it has been given.

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 :-- 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 ; ii. Where even within such three months those who are to receive the permission have attained their matrimonial majority or are dead.

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.

SECTION VI. EFFECTS OF MARRIAGE.

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. The husband can revoke even the universal authorization given under the marriage contract.

70. The wife is not required to be authorized by her husband :-- i. Where he has been presumed to be absent ; ii. Where he has been interdicted or quasiinterdicted ; iii. Where he is in an hospital or under custody, on account of his lunacy.

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. Such rescission can only be demanded by either of the husband and wife, and her successors.

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. 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. 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.

SECTION VII. PENALTY.

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.

CHAPTRE V. DIVORCE.

SECTION I. DIVORCE BY MUTUAL CONSENT.

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 :-- i. The document of marriage ; 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.

SECTION II. DIVORCE FOR DETERMINED CAUSES. SUBSECTION I. CAUSES OF DIVORCE AND FOR NOT ENTERTAINING DEMAND FOR DIVORCE.

81. The divorce cannot be demanded unless it be for the following causes :-- i. Adultery ; the husband's adultery is, however, limited to the case where he has been punished therefor ; ii. Outrages, threats and grave insults which render co-habitation insupportable ; iii. Punishment for crimes ; iv. Punishment of major imprisonment for one year or more for the offence of theft, swindling, or indecency ; v. Malicious desertion ; vi. Declaration of absence ; 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.

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. 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.

SUBSECTION 2. PROVISIONAL DISPOSITIONS.

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. 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.

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. 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.

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.

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.

SUBSECTION 3. ACTION FOR DIVORCE.

87. The right of action demanding a divorce belongs only to the husband and wife.

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.

SECTION III. EFFECTS OF DIVORCE.

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. 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.

CHAPTER VI. PARENTS AND CHILD.

SECTION I. EVIDENCE FOR THE QUALITY OF PARENTS AND CHILD.

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

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 :-- i. That one who asserts to be the child has always borne the family name of his or her alleged father ; 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 ; 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.

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.

SECTION II. RIGHT OF ACTION FOR DISAVOWAL.

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. 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.

SECTION III. RIGHT OF ILLEGITIMATE AND NATURAL CHILD TO BECOME LEGITIMATE CHILD.

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

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.

CHAPTER VIL ADOPTION.

SECTION I. CONDITIONS NECESSARY FOR ADOPTION.

106. Any person cannot adopt unless he or she is older than one who is to be adopted, and a major. Any person who has the legal capacity to make a will can adopt by a will.

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. Any person having the spouse cannot be adopted unless be jointly with such spouse.

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

112. A foreigner cannot be adopted by Japanese.

SECTION II. FORMALITIES OF ADOPTION.

113. The adoption comes to existence by the consent of the parties. This consent exists by celebrating the formalities of such adoption in presence of two witnesses in conformity with the usage. The provisions of Articles 43, 46 and 48 apply to the celebration of the formalities of adoption.

114. The parties shall at the time of making the statement of adoption to the civil status official produce the following writings :-- i. The documents of birth of the adopter and adopted, or certificates to be substituted therefor ; 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 ; iii. The consent in writing of the spouse, or the writing proving the reason that such consent cannot be obtained ; iv. The document proving that the account of the administration by guardian has been rendered ; v. The permission in writing required for the adoption, or the writing proving the reason that such permission cannot be obtained.

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. Where one of the father and mother is dead or cannot express his or her intent, the other can consent to the adoption. 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.

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. Where one of the father and mother is dead or cannot express his or her intent, the permission of the other suffices. 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.

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. With regard to a child whose father and mother are unknown, the provision of the preceding Article applies.

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. Where the conditions required for such adoption are wanting, the civil status official can stop the celebration of marriage. Such adoption comes to existence by celebrating the marriage.

122. The adoption by a will is effected by a testament. Such will loses its validity when the adopter has a descendant to succeed to katoku at the day of his or her death.

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.

SECTION III. EVIDENCE FOR ADOPTION.

126. The adoption is proved by the document of adoption, without prejudice, however, to the application of the provisions of Article 291. The provision of Article 54 applies to the adoption.

SECTION IV. NON-EXISTENCE AND NULLITY OF ADOPTION.

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. 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.

129. The adoption is null and void :-- 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 ; ii. Where the formalities of the adoption have been celebrated without presence of two witnesses ; iii. Where the formalities of the adoption have been celebrated in contravention of the provision of Article 48 ; iv. Where the civil status official who has received the statement of the adoption is incompetent. 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.

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. 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.

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. The provisions of the second paragraph of Article 60 and Articles 61 and 62 apply to such right of action for nullity.

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.

SECTION V. EFFECTS OF ADOPTION.

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.

SECTION VI. PENALTY.

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. 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.

CHAPTER VIII. DISSOLUTION OF ADOPTION.

SECTION I. DISSOLUTION BY MUTUAL CONSENT.

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

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 :-- i. The document of adoption ; ii. The permission in writing required for the dissolution of adoption, or a writing proving the reason that such permission cannot be obtained.

SECTION II. DISSOLUTION OF ADOPTION FOR DETERMINED CAUSES.

140. The dissolution of adoption can only be demanded for the following causes :-- i. Outrages, threats, desertion, or grave insults made by the adopted towards the ascendants in the adopting house or by them towards the adopted ; ii. Punishment for crimes ; iii. Punishment of major imprisonment for one year or more for the offence of theft or swindling ; iv. Prodigality. The provisions of Articles 82 and 88 apply to the dissolution of adoption.

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

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. 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.

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. 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. The Court can on demand of the adopted direct such dispositions as necessary for preserving his or her property.

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

SECTION III. EFFECTS OF DISSOLUTION OF ADOPTION.

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.

CHAPTER IX. PARENTAL POWER.

SECTION I. POWER OVER THE PERSON OF CHILD.

149. The parental power is exercised by the father. Where the father is dead or cannot exercise the parental power, it is exercised by the mother. Where the father or mother has left his or her house, he or she cannot exercise such power.

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. 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.

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. 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. In such application, all judicial pleadings and procedures cannot be used. The Court shall rule after hearing the Public Procurator. The father, mother or the child can bring a complaint against such rule.

SECTION II. ADMINISTRATION OF PROPERTY OF CHILD.

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. The mother can, however, refuse such administration.

SECTION III. SPECIAL RULES FOR TEKIBO, STEP-FATHER AND STEP-MOTHER.

158. In the case of the parental power being exercised by a tekibo, step-father or step-mother, an adviser may be attached. Such adviser is appointed by their spouse under a document or testament, or by the family council in its resolution.

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.

CHAPTER X. GUARDIANSHIP.

GENERAL PROVISIONS.

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

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. The guardian bears expenses of the administration by such procurator and is responsible for such administration.

SECTION I GUARDIAN.

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.

SECTION II. SUPERVISOR OF GUARDIAN.

169. A supervisor of guardian may be attached to the guardianship. The supervisor of guardian is nominated in the same manner as a guardian or selected by the family council. The provisions of Sections IV and V of this Chapter apply to the supervisor of guardian.

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.

SECTION III. FAMILY COUNCIL.

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. The koshu of the main or branch house can sit in the family council.

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.

SECTION IV. EXEMPTION FROM GUARDIANSHIP.

178. The following persons are, as of course, exempted from being guardians :-- i. The persons in the active service in the army or navy ; ii. The persons exercising public functions out side of the Shi or Gun in which the ward resides.

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.

SECTION V. DISQUALIFICATION, EXCLUSION AND DISMISSAL OF GUARDIAN AND MEMBER OF FAMILY COUNCIL.

180. The following persons can neither be guardians nor be members of a family council :-- i. Minors ; ii. Civilly interdicted and quasi-interdicted persons ; iii. Persons suing a minor in respect to his or her civil status or property, as well as their ascendants, descendants and spouses.

181. The following persons shall be excluded from guardianships and family councils, and those actually discharging the duties are dismissed :-- i. Persons of notorious misbehaviour ; ii. Guardians whose incapacity or dishonesty has been betrayed in their administration ; iii. Judicial assistants dismissed from their duties ; iv. Persons deprived from or suspended of the enjoyment of their public rights, or criminally interdicted ; v. Bankrupts and insolvents not rehabilitated.

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

SECTION VI. ADMINISTRATION OF GUARDIAN.

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

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

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

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. 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.

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. 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.

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. The family council can authorize the guardian to employ on his own responsibility one or more administrators who are paid a reasonable salary.

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. When he intends to change the manner of advantageously employing the minor's property, he must obtain the authorization of the family council.

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 :-- i. To advantageously employ the capitals or contract loans on money ; ii. To alienate immovables or important movables, or create real rights thereon, or acquire any one of these things or rights ; iii. To concern in suits relating to movables or immovables or in compromises or arbitrations ; iv. To accept or renounce successions, legacies or donations ; v. To make new constructions, reconstructions, additional constructions, or substantial repairs ; vi. To contract lease of a longer duration than that provided for in Article 119 of the Book on the Law of Property.

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.

SECTION VII. DUTIES OF SUPERVISOR OF GUARDIAN.

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

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.

SECTION VIII. TERMINATION OF GUARDIANSHIP.

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.

SECTION IX. ACCOUNTS OF GUARDIANSHIP.

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. 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. Where the guardianship is terminated by the minor's death, such account is rendered to his or her heir. The expenses for such account are borne by the minor.

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. 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.

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. 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. 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.

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.

CHAPTER XI. EMANCIPATION.

213. The minor becomes as of course emancipated by contracting marriage.

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. Such emancipation shall be declared to the civil status official.

215. When the minor subjected to the guardianship has attained the full age of seventeen years, the family council can emancipate such minor. Such emancipation shall be declared by the guardian to the civil status official.

216. The emancipated minor is subjected to assistance. The father or mother who has exercised the parental power becomes the assistant as of course. 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. The husband becomes as of course the assistant to his minor wife. In other cases, the family council selects an assistant.

217. The rules of exemption, disqualification, exclusion and dismissal laid down in respect of guardians are applied to assistants.

218. The emancipated minor can only receive a capital in the presence of the assistant.

219. With regard to the acts in Article 194 mentioned, the emancipated minor can only do them in the presence of the assistant.

220. Assistants except the father and mother have the same liabilities for their faults as guardians.

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. 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. 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.

CHAPTER XII. INTERDICTION.

SECTION I. CIVIL INTERDICTION.

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. The decision pronounced on application of one of those who have the right to demand the interdiction has the binding force on all persons.

224. The interdicted person is subjected to guardianship. 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. 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. 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.

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. Any acts done by the interdicted person after such decision has been pronounced can be rescinded. 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.

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. The interdicted person can only recover his or her rights after the decision for withdrawing the interdiction has been pronounced.

SECTION II. QUASI-INTERDICTION.

232. A person of unsound noind, deaf-mute, blind person and prodigal can be subjected to assistance upon being made a quasi-interdicted person. The quasi-interdiction is pronounced by the Local Court on demand of the spouse, relatives within the three degrees of consanguinity and koshu. With regard to the assistant, the provisions of Articles 224 and 225 are applicable.

233. The provisions of Articles 217-220 are applied to the quasi-interdiction. The Court can pronounce according to the cir cumstances that, even the acts of administration cannot be done without the presence of the assistant.

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.

SECTION III. CRIMINAL INTERDICTION.

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. In the case of Article 229, the assent of the interdicted person suffices.

SECTION IV. PROVISIONAL ADMINISTRATION OF PROPERTY OF LUNATICS.

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. In such case, the Court forthwith nominates a provisional administrator.

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.

CHAPTER XIII. KOSHU AND MEMBERS OF FAMILY.

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. The koshu and members of family use the family name of the house.

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.

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. The members of family cannot, however, claim against the koshu repayment of property which they have consumed for the house.

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.

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. 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.

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. 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.

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.

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.

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.

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.

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.

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.

255. A child whose father and mother are unknown, establishes a new house.

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. 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.

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.

258. In the case of the marriage of niufu, the niufu represents the koshu and exercises the power of such koshu during such marriage.

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.

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.

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.

CHAPTER XIV. DOMICILE.

262. The civil domicile is in the place where the honseki (permanent residence) is situated.

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. The domicile of a minor koshu or civilly interdicted koshu can be changed by the guardian by obtaining the authorization of the family council.

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. With regard to a minor forming a new house, the guardian shall establish the domicile.

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.

266. Where the place of honseki is different from the principal place of livelihood, such principal place is held to be the domicile.

267. The place of residence is used in lieu of the domicile :-- i. Where the domicile is not known ; ii. Where a foreigner not fixing the domicile in Japan is concerned.

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.

CHAPTER XV. ABSENCE.

SECTION I. PRESUMPTION OF ABSENCE.

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. Such presumption is decided by the Local Court of such person's domicile.

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. The heir presumptive must be nominated for such administrator as far as it can be.

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. They represent the absentee in preparation of the inventory, accounts, and liquidation, relating to the interests of such absentee.

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. The provision of this Article can be applied to the agent, if so demanded by those concerned, the heir presumptive or Public Procurator.

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.

SECTION II. DECLARATION OF ABSENCE.

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. Such decision shall be publicly notified in the manner in the preceding Article mentioned.

SECTION III. EFFECTS OF DECLARATION OF ABSENCE.

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. 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.

281. With regard to possession of the property belonging to an absentee, all the provisions relating to successions are applicable. Any person who has acquired such possession of property is held to be its owner as against third persons. 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.

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. 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.

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. In this case fruits can also be reclaimed in conformity with the provision of the preceding Article.

SECTION IV. GENERAL PROVISIONS RELATING TO PRESUMPTION AND DECLARATION OF ABSENCE.

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. Any person who succeeds to the property to fall to an absentee shall prepare its inventory.

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.

SECTION V. RULE RELATING TO PERSON NOT PRESENT.

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.

CHAPTER XVI. DOCUMENTS RELATING TO CIVIL STATUS.

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.

290. The documents mentioned in the register have the probatory force equal to an authentic document, but an illegal mention has no effects. The formal copies have the same effects as the documents themselves.

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.

292. The documents can only be rectified by decisions of the Court.

293. Preparation of the register, mention of the documents, manner of declaration and any other matters are regulated by special law.