法令番号: 法律第222号
公布年月日: 昭和22年12月22日
法令の形式: 法律

審議経過

I hereby promulgate the Law concerning the partial amendments of the Civil Code.
Signed:HIROHITO, Seal of the Emperor
This twenty-second day of the twelfth month of the twenty-second year of Showa (December 22, 1947)
Prime Minister　KATAYAMA Tetsu
Law No.222
The Civil Code shall partly be amended as follows:
The provisions of Article 1 shall be retained as "Article 1-(3)," and in Book 1 before Chapter 1 there shall be inserted the following two Articles:
Article 1.　All of the private rights comply with the public welfare.
The exercise of rights and the performance of duties must be done truly with faithfulness.
The abuse of rights is not permitted.
Article 1-2.　This Code shall be construed from the standpoint of the individual dignity and the essential equality of the sexes.
In Article 7, "Court" shall read "Court of Domestic Relations," and "the head of the House" shall be deleted.
In Article 10 and Article 12, Paragraph 2, "Court" shall read "Court of Domestic Relations."
Articles 14 to 18 inclusive.　(deleted.)
In Article 19, Paragraph 2, "to a husband or legal representative" shall read "to a legal representative in respect of an act within the scope of his authority," and the proviso to this paragraph shall be deleted, and in Paragraph 4 of this Article, the words "or to a wife," "or the permission of the husband," "or the wife" and "or permission" shall be deleted.
In Articles 25 to 30 inclusive and Article 32, Paragraph 1, "Court" shall read "Court of Domestic Relations."
In Article 97-2, Paragraph 4, "Local Court" shall read "Summary Court."
Article 120, Paragraph 2 shall be deleted.
In Article 124, Paragraph 3, "husband or" shall be deleted.
Article 159, Paragraph 2 shall be deleted.
Article 159-2.　With respect to the rights that one spouse has against the other, the prescription shall not become complete for six months from the time of the dissolution of the marriage.
In Articles 171 and 172, "bailiff (shittatsuri)" shall read "bailiff (shikkori)."
In Article 308, Paragraph 2, "the members of the House" shall be deleted.
In Article 310, "and the members of the House" shall be deleted.
Article 450, Paragraph 1, Item 3 shall be deleted and in the second paragraph of this Article "or Item 3" shall be deleted.
Books IV and V shall be amended as follows:
THE CIVIL CODE
BOOK IV. Relatives
Chapter I. General Provisions
Chapter II. Marriage
Section I. Formation of Marriage
Sub-Section I. Requisites of Marriage
Sub-Section II. Nullity and Annulment of Marriage
Section II. Effect of Marriage
Section III. Matrimonial Property System
Sub-Section I. General Provisions
Sub-Section II. Legal Property System
Section IV. Divorce
Sub-Section I. Divorce by Agreement
Sub-Section II. Judicial Divorce
Chapter III. Parent and Child
Section I. Children of the Body
Section II. Adoption
Sub-Section I. Requisites for Adoption
Sub-Section II. Nullity and Annulment of Adoption
Sub-Section III. Effect of Adoption
Sub-Section IV. Dissolution of Adoptive Relation
Chapter IV. Parental Power
Section I. General Provisions
Section II. Effect of Parental Power
Section III. Loss of Parental Power
Chapter V. Guardianship
Section I. Commencement of Guardianship
Section II. Organs of Guardianship
Sub-Section I. Guardian
Sub-Section II. Supervisor of Guardianship
Section III. Functions of Guardianship
Section IV. Termination of Guardianship
Chapter VI. Support
BOOK V. Succession
Chapter I. General Provisions
Chapter II. Successors
Chapter III. Effect of Succession
Section I. General Provisions
Section II. Shares in a Succession
Section III. Partition of Estate
Chapter IV. Acceptance and Renunciation of Succession
Section I. General Provisions
Section II. Acceptance
Sub-Section I. Absolute Acceptance
Sub-Section II. Qualified Acceptance
Section III. Renunciation
Chapter V. Separation of Property
Chapter VI. Default of Successors
Chapter VII. Wills
Section I. General Provisions
Section II. Forms of Wills
Sub-Section I. Ordinary Forms
Sub-Section II. Special Forms
Section III. Effect of Wills
Section IV. Carrying Wills into Effect
Section V. Revocation of Wills
Chapter VIII. Legally Secured Portions
THE CIVIL CODE
BOOK IV. Relatives
Chapter I. General Provisions
Article 725.　The persons mentioned below are relatives:
1.　Relatives by blood up to the sixth degree of relationship;
2.　Spouses;
3.　Relatives by affinity up to the third degree of relationship.
Article 726.　The degree of relationship is determined by computing the number of generations between relatives.
As between collateral relatives the degree of relationship is determined by the number of generations ascending from one of them, or his or her spouse, to the common ancestor, and then descending from such ancestor to the other.
Article 727.　As between an adopted child on the one hand and the parent by adoption and his or her relatives by blood on the other, there arises the same relationship as between relatives by blood as from the day of the adoption.
Article 728.　The matrimonial relationship is terminated by divorce.
The same shall apply also if after the death of either husband or wife, the surviving spouse declares his or her intention to terminate the matrimonial relationship.
Article 729.　The relationship between an adopted child, its spouse, its lineal descendants and their spouses on the one hand and the parent by adoption and his or her relatives by blood on the other, is terminated by dissolution of the adoptive relation.
Article 730.　Lineal relatives by blood and the relatives living together shall mutually cooperate.
Chapter II. Marriage
Section I. Formation of Marriage
Sub-Section I. Requisites of Marriage
Article 731.　A man may not marry until the completion of his full eighteen years of age, nor a woman until the completion of her full sixteen years of age.
Article 732.　A person who has a spouse may not contract an additional marriage.
Article 733.　A woman may not re-marry unless six months have elapsed from the day of the dissolution or annulment of her previous marriage.
In case a woman is pregnant from before the dissolution or annulment of her previous marriage, the preceding paragraph shall cease to apply as from the day of her delivery.
Article 734.　No marriage may be contracted between lineal relatives by blood, nor between collateral relatives by blood up to the third degree or relationship, except between an adopted child and any of the collateral relatives by blood on the side of the adoptive relatives.
Article 735.　No marriage may be contracted between lineal relatives by affinity. The same shall apply after the relationship by affinity has ceased in accordance with the provisions of Art.728.
Article 736.　No marriage may be contracted between an adopted child, his or her spouse, his or her lineal descendants or their spouses on the one hand, and the parent by adoption or his or her ascendants on the other, even after the relationship has ceased in accordance with the provisions of Article 729.
Article 737.　A minor child must obtain the consent both of his or her father and mother in order to marry.
If either the father or mother does not give the consent, the consent of the other parent only shall be sufficient. The same shall also apply, if either the father or mother is unknown, or is dead or is unable to declare his or her intention.
Article 738.　A person adjudged incompetent need not obtain the consent of his guardian in order to marry.
Article 739.　A marriage becomes effective by notification thereof in accordance with the provisions of the Law concerning registration of families.
The notification mentioned in the preceding paragraph must be made by both the parties and two or more witnesses of full age either orally, or by a document signed by them.
Article 740.　The notification of marriage may not be accepted unless the marriage does not contravens the provisions of Articles 731 to 737 inclusive and Paragraph 2 of the preceding Article, and of other laws or ordinances.
Article 741.　In case Japanese subjects resident in a foreign country desire to contract a marriage between themselves, notification thereof may be made to the Japanese Ambassador Minister or a Japanese Consul acting in that foreign country.
In this case the provisions of the preceding two Articles shall apply with the necessary modification. Sub-Section II. Nullity and Annulment of Marriage
Article 742.　A marriage is void only in the following cases:
1.　Where there is no intention to marry common to the parties owing to a mistake as to the identity of the person or through any other cause;
2.　Where the parties do not make notification of the marriage;but if the notification only fails to fulfil the conditions prescribed in Article 739, Paragraph 2, the validity of the marriage shall not be affected thereby.
Article 743.　A marriage cannot be annulled except in accordance with the provisions of Articles 744 to 747 inclusive.
Article 744.　In the case of a marriage contracted in contravention of the provisions of Articles 731 to 736 inclusive an application may be made to the Court for its annulment by either party thereto, any of each party's relatives or a Public Procurator;but a Public Procurator may not make such an application after the death of either of the parties.
In the case of a marriage contracted in contravention of the provisions of Article 732 or Article 733, the spouse or the former spouse of the party may also apply for its annulment.
Article 745.　No application may be made for the annulment of a marriage contracted in contravention of the provisions of Article 731, if the person who was not of marriageable age has attained the requisite age.
A person married under the marriageable age may still apply for the annulment of the marriage during a period of three months from his attainment of the requisite age, unless he has ratified it after having attained the requisite age.
Article 746.　No application may be made for the annulment of a marriage contracted in contravention of the provisions of Article 733 after the lapse of six months from the day of the dissolution or annulment of the previous marriage nor in cases where the woman has become pregnant after her remarriage.
Article 747.　A person who has been induced by fraud or duress to contract a marriage may apply to the Court for the annulment of such marriage.
The right of annulment mentioned in the preceding paragraph shall be extinguished if three months have elapsed since the party discovered the fraud, or became free from the duress, or if he has effected a ratification.
Article 748.　The annulment of a marriage shall have no retroactive effect.
In case any party who was unaware at the time of the marriage that a ground for its annulment existed has acquired property by reason of the marriage, he must return such property to the extent that he is still enriched thereby.
Any party who was aware at the time of the marriage that a ground for its annulment existed must return the whole benefit which he has acquired by reason of the marriage, and further if the other party acted in good faith, he shall be liable in damages to such party.
Article 749.　The provisions of Articles 766 to 769 inclusive shall apply with the necessary modifications to the annulment of a marriage.
Section II. Effect of Marriage
Article 750.　Husband and wife assume the surname of the husband or wife in accordance with the agreement made at the time of the marriage.
Article 751.　If either husband or wife has died, the surviving spouse may resume the surname assumed by her or him before the marriage.
The provisions of Article 769 shall apply with the necessary modifications to the case mentioned in the preceding paragraph and Article 728, Paragraph 2.
Article 752.　Husband and wife shall live together, and shall co-operate and aid each other.
Article 753.　If a minor contracts a marriage, he or she shall be deemed, by reason thereof, to have attained majority.
Article 754.　In case a contract is entered into between husband and wife, it may be avoided by either of them at any time during the subsistence of marriage;but the rights of third persons may not be prejudiced thereby.
Section III. Matrimonial Property System
Sub-Section I. General Provisions
Article 755.　If a husband and wife have not, prior to the notification of marriage, entered into a contract which provides otherwise with respect to their property, their property relations shall be governed by the provisions of the next Sub-Section.
Article 756.　If a husband and wife have entered into a contract which differes in its terms from the legal property system such contract cannot be set up against their successors in title or third persons unless it is registered prior to the notification of the marriage.
Article 757.　If, in cases where aliens have entered into a contract which differs in its terms from the legal property system of the husband's country, they have subsequently to their marriage acquired Japanese nationality or established their permanent residence in Japan, the contract cannot be set up in Japan against their successors in title or third persons unless it has been registered within one year.
Article 758.　Property relations between husband and wife can not be changed after the notification of marriage.
If, in cases where one spouse manages the property of the other, such property is imperilled by mismanagement, the other may apply to the Court of Domestic Relations to be allowed to undertake the management thereof himself.
As regards property in co-ownership an application may be made for a partition thereof in addition to the application mentioned in the preceding paragraph.
Article 759.　In case the manager has been changed or a partition of property in co-ownership has been effected, in accordance with the provisions of the preceding Article or as the result of a contract, such change or partition cannot be set up against the successors in title of the husband or of the wife or against third persons, unless it has been registered.
Sub-Section II. Legal Property System
Article 760.　Husband and wife shall share the expenses of the married life with each other, taking into account their property, income and all other circumstances.
Article 761.　If, with respect to daily household matters, one spouse effects a juristic act with a third person the other spouse shall be jointly and severally liable for the obligations arising therefrom. But, this shall not apply in cases where a previous notice to the effect that the other spouse will not assume the liability has been given to the third person.
Article 762.　Property belonging to either a husband or wife from a time prior to the marriage and property acquired during the subsistence of the marriage in his or her own name constitutes his or her separate property.
Any property in regard to which it is uncertain whether it belongs to the husband or the wife, is presumed to be the property in their co-ownership.
Section IV. Divorce
Sub-Section I. Divorce by Agreement
Article 763.　Husband and wife may effect by agreement divorce.
Article 764.　The provisions of Articles 738,739 and 747 shall apply with the necessary modifications to a divorce by agreement.
Article 765.　The notification of divorce may not be accepted unless the divorce does not contravene the provisions of Article 739, Paragraph 2 and Article 819, Paragraph 1 and of other laws or ordinances.
The validity of divorce shall not be affected even in cases where the notification of divorce has been accepted in contravention of the provisions of the preceding paragraph.
Article 766.　In case a father and mother effect a divorce by agreement, the persons who are to take the custody of their children and other matters necessary for the custody shall be determined by their agreement, and if no agreement is reached or possible, such matters shall be determined by the Court of Domestic Relations.
The Court of Domestic Relations, if it deems necessary for the benefit of the children, may change the person to take the custody of them or order such other dispositions as may be appropriate for the custody.
The provisions of the preceding two paragraphs shall not cause any change in the rights and duties of a father and mother outside the scope of the custody.
Article 767.　A husband or a wife who has changed his or her surname by reason of marriage, resumes, by reason of divorce by agreement, the surname which he or she had assumed before the marriage.
Article 768.　A husband or a wife who has effected divorce by agreement may demand the distribution of property from the other spouse.
If no agreement is reached or possible between the parties with respect to the distribution of property in accordance with the provisions of the foregoing paragraph, any of the parties may apply to the Court of Domestic Relations for measures to take the place of such agreement, except, however, after the lapse of two years from the time of the divorce.
In the case mentioned in the preceding paragraph, the Court of Domestic Relations shall determine whether any such distribution is to be made or not and, if it is to be made, the sum as well as the mode of the distritution, taking into account the sum of such property as is acquired by cooperation of the parties and all other circumstances.
Article 769.　If a husband or a wife who had changed his or her surname by reason of the marriage, has effected divorce by agreement after his or her succession to the right stated in Article 897, Paragraph 1, the person who is to succeed to the right shall be determined by an agreement between the parties and other persons concerned.
If no agreement in the preceding paragraph is reached or possible the person who is to succeed to the right mentioned in the preceding paragraph shall be determined by the Court of Domestic Relations.
Sub-Section II. Judicial Divorce
Article 770.　Husband or wife can bring an action for divorce only in the following cases:
1.　If the other spouse has committed an act of unchastity;
2.　If he or she has been deserted maliciously by the other spouse;
3.　If it is unknown for three years or more whether the other spouse is alive or dead;
4.　If the other party is attached with severe mential disease and the recovery from it is hopeless;
5.　If there exists any other grave reason for which it is difficult for him or her to continue the marriage.
Even in cases where any or all of the grounds mentioned in Items numbered 1 to 4 inclusive of the preceding paragraph exist, the Court may dismiss the action for divorce, if it deems the cntinuance of the marriage proper in view of all the circumstances.
Article 771.　The provisions of Articles 766 to 769 inclusive shall apply with the necessary modifications to judicial divorce.
Chapter III. Parent and Child
Section I. Children of the Body
Article 772.　A child conceived by a wife during marriage shall be presumed to be the child of the husband.
A child born two hundred days or more after the day on which the marriage was formed or born within three hundred days from the day on which the marriage was dissolved or annulled, shall be presumed to have been conceived during marriage.
Article 773.　If, in cases where a woman who has remarried in contravention of the provisions of Article 733, Paragraph 1 has been delivered of a child, it is impossible to determine the father of the child in accordance with the provisions of the preceding Article, the Court shall determine the paternity.
Article 774.　In any case mentioned in Article 772 the husband may deny that the child is legitimate.
Article 775.　The right of denial mentioned in the preceding Article shall be exercised by an action against the child or the mother exercising parental power. In case there is no mother who exercises parental power, the Court of Domestic Relations must apoint a special representative.
Article 776.　If, after it has been born, a husband acknowledges that the child is legitimate, he shall lose the right of denial.
Article 777.　An action of denial must be brought within one year from the time when the husband became aware of the child's birth.
Article 778.　In case the husband is a person adjudged incompetent, the period specified in the preceding Article shall be computed as from the time when the husband became aware of the child's birth after the revocation of the adjudication of incompetency.
Article 779.　A child who is not legitimate may be recognized by its father or mother.
Article 780.　A father or mother, even when under disability need not obtain the consent of his or her legal representative in order to recognize a child.
Article 781.　The recognition of a child shall be affected by giving notification thereof in accordance with the Law concerning the Registration of Families
Recognition may also be effected by means of will.
Article 782.　A child of full age cannot be recognized without his or her assent.
Article 783.　A father may recognize even an unborn child. In this case the assent of the mother must be obtained.
A father or a mother may recognize even a deceased child, but only when a lineal descendant of the child is living. In this case if such lineal descendant is of full age his or her assent must be obtained.
Article 784.　Recognition shall be effective retroactively as from the time of birth;but the rights acquired by third persons prior thereto shall not be prejudiced thereby.
Article 785.　A father or mother who has effected recognition cannot revoke such recognition.
Article 786.　A child or any other person interested may allege any fact adverse to recognition.
Article 787.　A child, any of its lineal descendants of the legal representative of any of them can bring an action for recognition, provided that this shall not apply after the lapse of three years from the time when the father or mother died.
Article 788.　The provisions of Article 766 shall apply with the necessary modifications in cases where a father effects recognition.
Article 789.　A child recognized by its father acquires the status of a legitimate child by reason of the marriage of its father and mother.
A child recognized by its father and mother during the subsistence of their marriage acquires the status of a legitimate child as from the time of such recognition.
The provisions of the preceding two paragraphs shall apply with the necessary modifications in case where the child is already dead.
Article 790.　A legitimate child assumes the surname of its father and mother. If, however, before the birth of the child its father and mother have divorced, the child assumes the surname of its father and mother at the time of the divorce.
An illegitimate child assumes the surname of its mother.
Article 791.　In case where the surname of a child differs from that of its father or mother, the child may, with the leave of the Court of Domestic Relations, assume the surname of its father or mother.
In case where a child is under fifteen years of age, the legal representative thereof may effect the act mentioned in the preceding paragraph in behalf of the child.
The minor child who has changed it surname in accordance with the provisions of the two preceding paragraphs, may resume its prior surname within one year as from the day on which he attained majority.
Section II. Adoption
Sub-Section I. Requisites for Adoption
Article 792.　Any person who has attained majority may adopt another.
Article 793.　No ascendant or person of older age may be adopted.
Article 794.　A guardian must obtain the leave of the Court of Domestic Relations in order to adopt the ward. The same shall also apply after the duties of the guardian have come to an end, so long as the accounts of the management have not been completed.
Article 795.　A person who has a spouse may not effect adoption except jointly with the spouse. But this shall not apply in case where husband or wife adopts any of the children of the other spouse.
Article 796.　If, in case of the preceding Article, either the husband or wife is unable to declare his or her intention, the other may effect adoption in the name of both.
Article 797.　If the person to be adopted is under fifteen years of age, his legal representative can assent to the adoption in his place.
Article 798.　In order to adopt a minor child, the leave of the Court of Domestic Relations must be obtained, excepting, however, the case where a person adopts any of the lineal descendants of his own or of the other spouse.
Article 799.　The provisions of Articles 738 and 739 shall apply with the necessary modifications to an adoption.
Article 800.　The notification of adoption may not be accepted unless the adoption does not contravene the provisions of Article 792 to 799 inclusive and of other laws and ordinances.
Article 801.　In case Japanese subjects resident in a foreign country desire to effect an adoption of the one by the other, notification thereof may be made to the Japanese ambassador, Minister or a Japanese Cousul acting in that foreign country. In this case the provisions of Article 739 and the preceding Article shall apply with the necessary modifications.
Sub-Section II. Nullity and Annulment of Adoption
Article 802.　An adoption is void in the following cases only:
1.　Where there is no intention to effect adoption common to the parties owing to a mistake as to the identity of the person or through any other cause;
2.　Where the parties do not make notification of the adoption, but if the notification only fails to fulfil the conditions prescribed in Article 739, Paragraph 2, the validity of the adoption shall not be affected thereby.
Article 803.　An adoption cannot be annulled except in accordance with the provisions of Articles 804 to 808 inclusive.
Article 804.　In case of an adoption effected in contravention of the provisions of Article 792, an application may be made to the Court for its annulment by the parent by adoption or his legal representative;but this shall not apply if six months have elapsed or if the parent by adoption has ratified it after having attained majority.
Article 805.　In case of an adoption effected in contravention of the provisions of Article 793, an application may be made to the Court for its annulment by either party thereto or any of each party's relatives.
Article 806.　In case of an adoption effected in contravention of Article 794, an application may be made to the Court for its annulment by the adopted child or any of its relatives on the side of its original family;but this shall not apply if the adopted child has ratified it, or six months have elapsed, after the account of the management had been completed.
The ratification does not become effective unless made after the adopted child has attained majority or has recovered its capacity.
In case where the account of the management has been completed before the adopted child attaines majority or recovers its capacity, the period specified in the proviso to the first paragraph shall be computed as from the time when the adopted child has attained majority or has recovered its capacity.
Article 807.　In case of an adoption effected in contravention of the provisions of Article 798, an application may be made to the Court for its annulment by the adopted child or by any of its relatives on the side of its original family, or by the person who has assented to the adoption in place of the adopted child;but this shall not apply if six months have elapsed from the time when the adopted child attained to the majority, or if it has ratified the adoption.
Article 808.　The provisions of Articles 747 and 748 shall apply with the necessary modifications to an adoption but the period specified in Article 747, Paragraph 2 shall be one of six months.
The provisions of Articles 769 and 816 shall apply with necessary modifications to the annulment of adoption.
Sub-Section III. Effect of Adoption
Article 809.　An adopted child acquires as from the day of adoption the status of a legitimate child of the parent by adoption.
Article 810.　An adopted child assumes the surname of the parent by adoption.
Sub-Section IV. Dissolution of Adoptive Relation
Article 811.　The parties to an adoption may effect by agreement a dissolution of the adoptive relation.
If an adopted child is under fifteen years of age dissolution of adoptive relation shall be effected by agreement between the parent by adoption and the person who has the right to assent to an adoption in place of the adopted child.
If an adopted child desires to effect a dissolution of adoptive relation after the death of the parent by adoption, the child may effect it with the leave of the Court of Domestic Relations.
Article 812.　The provisions of Articles 738,739,747 and Article 808, Paragraph 1, Proviso shall apply with the necessary modifications to dissolution of adoptive relation by agreement.
Article 813.　The notification of dissolution of the adoptive relation may not be accepted unless the dissolution does not contravene the provisions of Article 739, Paragraph 2 and Article 811 and of other laws or ordinances.
The validity of a dissolution of the adoptive relation shall not be affected even when the notification has been accepted in contravention of the provisions of the preceding paragraph.
Article 814.　One of the parties to an adoption can bring an action for dissloution of adoptive relation in the following cases only:
1.　If such party has been deserted maliciously by the other;
2.　If it is unknown for three years of more whether the adopted child is alive or dead;
3.　If there exist any other grave reason for which it is difficult for such party to continue the adoptive relation.
The provisions of Article 770, Paragraph 2 shall apply with the necessary modifications to the cases mentioned in any of Items numbered 1 and 2 of the preceding paragraph.
Article 815.　So long as an adopted child has not completed its fifteenth year, any person who would have the right to assent to his adoption can bring an action for dissolution of adoptive relation.
Article 816.　An adopted child shall resume by reason of dissolution of the adoptive relation, the surname assumed by it before the adoption.
Article 817.　The provision of Article 769 shall apply with the necessary modifications to the case of dissolution of adoption.
Chapter IV. Parental Power
Section I. General Provisions
Article 818.　A child who had not yet attained majority shall be subject to the parental power of its father and mother.
If such child is an adopted one, it shall be subject to the parental power of its parents by adoption.
While father and mother are in matrimonial relation, they shall jointly exercise the parental power. But, if either the father or the mother is unable to exercise the parental power, the other parent shall exercise it.
Article 819.　If father and mother have effected divorce by agreement, they shall determine one of them to have the parental power by agreement.
In case of judicial divorce the Court shall determine a father or a mother to have the parental power.
If the father and mother have effected divorce before the birth of child, the parental power shall be exercised by the mother. But the father and mother may determine the father to have the parental power by agreement after the birth of child.
The parental power over a child recognized by its father shall be exercised by its father, only when the father and mother determine the father to have the parental power by their agreement.
If no agreement mentioned in any of Paragraphs 1 and 3 and preceding paragraph is reached or possible, the Court of Domestic Relations may render judgement in place of agreement on application of the father or mother.
If it is deemed necessary for the benefit of a child, the Court of Domestic Relations may transfer the parental power from one of parents to other on application of any relative of the child.
Section II. Effect of Parental Power
Article 820.　A person who exercises parental power shall the right and shall incur the duty of providing for the custody and education of his or her chlid.
Article 821.　A child must establish its place of residence in the place designated by the person who exercises parental power.
Article 822.　A person who exercises parental power may, in so fare as is necessary, personally chastise his or her child or, with the permission of the Court of Domestic Relations, may place it in a disciplinary institution.
The period for which a child is to be placed in a disciplinary institution shall be determined by the Court of Domestic Relations within the limits of six months;but such period may be shortened at any time on the application of the person who exercises parental power.
Article 823.　A child may not carry on an occupation without the permission of the person who exercises parental power.
In case of Article 6, Paragraph 2 the person who exercises parental power may revoke or restrict the permission mentioned in the preceding paragraph.
Article 824.　A person who exercises parental power shall manage the property of a child and represent the child in juristic acts concerning its property:in case, however, where an obligation is to be created having for its subject any act of the child, the consent of the child itself must be obtained.
Article 825.　In case either a father or a mother who exercises parental power jointly with the other has performed a juristic act in place of the child or has given consent to its performance by the child, in the names of both of them the validity of such act shall not be affected thereby, even if it should be contrary to the intention of the other. But this shall not apply if the other party to such act has been acting in bad faith.
Article 826.　In respect of acts in which the interests of a father or a mother who exercises parental power conflict with those of his or her child, the person who exercises the parental power must apply to the Court of Domestic Relations for the appointment of a special representative on behalf of the child.
In case where a person who exercises parental power over two or more children the provisions of the preceding paragraph shall, on behalf of one party, apply with the necessary modifications in respect of acts in which the interests of one child conflict with those of the other or others.
Article 827.　A person who exercises parental power must exercise his or her right of management with the same care as he or she uses when acting on his or her own behalf.
Article 828.　When a child has attained majority, the person who has been exercising parental power must without delay render an account of the management;but the expenses of the maintenance of the child and of the management of the property on one hand and the profits of the child's property on the other shall be deemed to have been set-off against each other.
Article 829.　If a third person who gratuitously transfers property to a child has declared an intention contrary to the provisions of the proviso to the preceding Article, they shall not apply to such property.
Article 830.　If a third person who gratuitously transfers property to a child has declared an intention not to permit its father or mother who exercises parental power to manage it, such property shall not come under the management of such father or mother.
If, in case where neigher the father nor mother has the right of management with respect to the property mentioned in the preceding paragraph, the third person has designated no manager, the Court of Domestic Relations shall appoint one on the application of the child, of any of its relatives or of a Public Procurator.
Even when the third person has designated a manager the same shall apply if, in case where the powers of such manager have come to an end or it has become necessary to appoint another manager in his stead, the third person fails to appoint a manager anew.
The provisions of Arts.27 to 29 inclusive shall apply with the necessary modifications to the cases mentioned in the preceding two paragraphs.
Article 831.　The provisions of Arts.654 and 655 shall apply with the necessary modifications to a case where a person who exercises parental power manages the property of the child, and also the case mentioned in the preceding Article.
Article 832.　Any obligatory right arising as between a person who has exercised parental power and the child, with respect to the management of the property, shall be extinguished by prescription if not exercised within five years from the time when the right of management became extinguished.
If the right of management has been extinguished and there is no legal representative of the child before the child attains majority, the period mentioned in the preceding paragraph shall be computed as from the time when the child has attained majority or a succeeding legal representative has assumed office.
Article 833.　A person who exercises parental power shall exercise, in place of the child subjected to his parental power, the parental power of such child.
Section III. Loss of Parental Power
Article 834.　If a father or mother abuses parental power or is guilty of gross misconduct, the Court of Domestic Relations may, on the application of any of the child's relatives or of a Public Proculator, adjudge the forfeiture of the perental power.
Article 835.　If a father or mother who exercises parental power endangers by mismanagement the property of his or her child, the Court of Domestic Relations may, on the application of any of the child's relatives or of a Public Procurator, adjudge the forfeiture of the right of management.
Article 836.　If the causes mentioned in the preceding two Articles have ceased to exisit the Court of Domestic Relations may, on the application of the party concerned or of any of his relatives, revoke the adjudication of the forfeiture of the power or right.
Article 837.　A father or a mother who exercises parental power may, where circumstances make it imperative, decline the exercise of parental power or the right of management with the leave of the Court of Domestic Relations.
If the circumstances mentioned in the preceding paragraph cease to exist, a father or mother may recover the parental power or the right of management with the leave of the Court of Domestic Relations.
Chapter V. Guardianship
Section I. Commencement of Guardianship
Article 838.　Guardianship shall commence in any of the following cases:
1.　If there is no one to exercise parental power over a minor, or if the person who exercises parental power has no right of management;
2.　If an adjudication of incompetency has been made.
Section II. Organs of Guardianship
Sub-Section I. Guardian
Article 839.　The person who last exercises parental power over a minor may designate a guardian by will, unless such person has no right of management.
If either a father or a mother who exercises parental power has no right of management, the other parent may designate a guardian in accordance with the provisions of the preceding paragraph.
Article 840.　If either a husband or wife has been adjudged incompetent, the other spouse shall becomes his or her guardian.
Article 841.　If there is no person to become a guardian in accordance with the provisions of the preceding two Articles, the Court of Domestic Relations shall appoint a guardian on the application of any of the ward's relatives or of any other persons interested. The same shall also apply in case where a vacancy occurs in the position of guardian.
Article 842.　In case it has become necessary to appoint a guardian for the reason that a father or mother has declined to exercise his or her parental power to manage the property, or that a guardian has resigned his office or that a father or mother has forfeited his or her parental power, such father or mother guardian must, without delay, apply to the Court of Domestic Relations for the appointment of a guardian.
Article 843.　There cannot be more than one guardian.
Article 844.　A guardian may, where any reasonable ground exists, risign his office with the leave of the Court of Domestic Relations.
Article 845.　If any unjust act or gross misconduct has been done by a guardian, or there is any other ground for which a guardian is unfit to perform his duties, the Court of Domestic Relations may remove such guardian from his office on the application of a supervisor of the guardian or of any of the ward's relatives.
Article 846.　None of the persons mentioned below may become a guardian:
1.　A minor;
2.　A person adjudged incompetent or quasi incompetent;
3.　A legal representative or curator who has been removed by the Court of Domestic Relations;
4.　A bankrupt;
5.　A person who brings or has brought an action against the ward, or the spouse or any of the lineal relatives by blood of such person;
6.　A person whose whereabouts is unknown.
Article 847.　The provisions of Arts.840 to 846 inclusive shall apply with the necessary modifications to a curator.
In respect of acts in which the interests of a curator or the person whom he represents conflict with those of the person adjudged incompetent, the curator must apply to the Court of Domestic Relations for the appointment of a curator adhoc.
Sub-Section II. Supervisor of Guardian
Article 848.　A person who can designate a guradian can designate by will a supervisor of the guardian.
Article 849.　In case where no supervisor of the guardian is designated in accordance with the provisions of the preceding Article, the Court of Domestic Relations may, if it deems necessary, appoint a supervisor of the guardian on the application of any of the ward's relatives or of the guardian. The same shall also apply in case where a vacancy occurs in the position of a supervisor of the guardian.
Article 850.　The spouse, the lineal relatives by blood and the brothers and sisters of a guardian cannot become a supervisor of the guardian.
Article 851.　The duties of a supervisor of the guardian are as follows:
1.　To supervise the conduct of the affairs by the guardian;
2.　In case a vacancy occurs in the position of guardian, to apply to the Court of Domestic Relations for the appointment of a guardian;
3.　To adopt such measures as may be necessary in case where circumstances of urgency exist;
4.　To represent the ward in respect of acts in which the interests of the guardian or any person whom he represents conflict with those of the ward.
Article 852.　The provisions of Arts.644 and 844 to 846 shall apply with the necessary modifications to a supervisor of the guardian.
Section III. Functions of Guardianship
Article 853.　A guardian must without delay enter upon a survey of the ward's property, and must complete such survey and prepare an inventory of such property within one month;but this period may be extended by the Court of Domestic Relations.
The survey of property and the preparation of the inventory thereof are of no effect unless conducted, in case there is a supervisor of the guardian, in his presence.
Article 854.　Until a guardian has completed the preparation of the inventory, he has authority to do acts of urgent necessity only;but this cannot be set up against a third person acting in good faith.
Article 855.　If, in case where a guardian possesses an abligatory right as against, or is under an obligation towards, the wards, there is a supervisor of the guardian, he must make a report thereof to the supervisor of the guardian before he enters upon the survey of the property.
If a guardian, notwithstanding that he is aware of the fact that he possesses an obligatory right as against the ward, fails to make a report thereof, he forfeits such obligatory right.
Article 856.　The provisions of the preceding three Articles shall apply with the necessary modifications to the case in which the ward has acquired property by a universal title after the guardian has assumed office.
Article 857.　The guardian of a minor has, with regard to the matters mentioned in Arts.820 to 823 inclusive, the same rights and duties as a person who exercises parental power;but he must obtain the consent of the supervisor of the guardian if there is any, in order to change the mode of education or the place of residence determined by the father or mother who exercised parental power, to place the minor in a disciplinary institution, to permit him to carry on business or to revoke or to restrict such permission.
Article 858.　The guardian of a person adjudged inincompetent must be diligent in the medical treatment and care of the person adjudged incompetent, according to the latter's financial capacity.
In order to place a person adjudged incompentent in a lunatic asylum or any other similart institution, or to put such a person under restrain in a private house, it is required to obtain the leave of the Court of Domestic Relations.
Article 859.　A guardian manages the ward's property and represents the ward in juristic acts concerning the latter's property.
The provisions of the Proviso to Ari.824 shall apply with the necessary modifications to the case mentioned in the preceding paragraph.
Article 860.　The provisions of Article 826 shall apply with the necessary modifications to guardian, excepting, however, the case where there is a supervisor of the guardian.
Article 861.　A guardian must, on assuming office, estimate the amount of money to be expended annually for the livelihood, the education, the medical treatment and care of the ward and for the management of his property.
Article 862.　The Court of Domestic Relations may allow reasonable remuneration to the guardian out of the ward's property having regard to the financial capacity of the guardian and the ward and other circumstances.
Article 863.　At any time, a supervisor of the guardian or the Court of Domestic Relations may demand a guardian to report his guardianship affairs or to submit the inventory, or may investigate such affairs or the state of the ward's property.
The Court of Domestic Relations may, on the application of a supervisor of the guardian, of any of the ward's relatives or of any other persons interested, or of its own motion, order such dispositions as may be necessary for the management of the ward's property or other guardianship affairs.
Article 864.　A guardian must obtain, in case there is a supervisor of the guardian, his consent in order to conduct business or to do any of the acts mentioned in Art.12, Par.1 in place of the ward, or to give consent to its performance by the minor;but this shall not apply to the receipt of capital.
Article 865.　Any act done or consented to by a guardian in contravention of the provisions of the preceding Article may be avoided by the ward or by the guardian. In this case the provisions of Article 19 shall apply with the necessary modifications.
The provisions of the preceding two paragraphs shall not preclude the application of Articles 121 to 126 inclusive.
Article 866.　If a guardian has acquired by assignment the ward's property of a third person's right as against the ward, the ward may avoid the assignment. In this case the provisions of Art.19 shall apply with the necessary modifications.
The provisions of the preceding paragraph shall not preclude the application of the provisions of Arts.121 to 126 inclusive.
Article 867.　A guardian exercises parental power in place of a minor.
The provisions of Arts.853 to 857 and 861 to 866 inclusive shall apply with the necessary modifications to the cases mentioned in the preceding paragraph.
Article 868.　In case where the person who exercises parental power does not possess the right of management, the guardian possesses only such powers as relate to the property.
Article 869.　The provisions of Arts.644 and 830 shall apply with the necessary modifications to guardianship.
Section IV. Termination of Guardianship
Article 870.　When the duties of a guradian have terminated the guardian or his successor must render an account of his management within two months;but such period may be extended by the Court of Domestic Relations.
Article 871.　The accounts of the guardianship must be made up, in case there is a supervisor of the guardian, in his presence.
Article 872.　Any contract entered into between a minor and the gurdian or his successor, after the former has attained majority, but before the accounts of the guardianship have been completed, may be avoided by the former. The same shall apply to any unilateral act effected by such person towards the guardian or his successor.
The provisions of Arts.19 and 121 to 126 inclusive shall apply with the necessary modifications to the case mentioned in the preceding paragraph.
Article 873.　Money to be returned by a guardian to the ward or by a ward to the guardian shall bear interest as from the time when the accounts of the guardianship has been comleted.
If a guardian has expended the ward's money on his own behalf, such money shall bear interest as from the time of the expenditure, and if there has been any damage, he is bound also to make compensation for it.
Article 874.　The provisions of Arts.654 and 655 shall apply with the necessary modifications to guardianship.
Article 875.　The prescription provided in Art.832 shall apply with the necessary modifications to obligatory rights which have arisen in respect to guardianship as between the guardian or the supervisor of the guardian and the ward.
In case where a juristic act has been avoided in accordance with the provisions of Art.872, the prescription mentioned in the preceding paragraph shall be computed as from the time of the avoidance.
Article 876.　The provisions of Par.1 of the preceding Article shall apply with the necessary modifications as between a curator and a person adjudged quasiincompetent.
Chapter VI. Support
Article 877.　The lineal relatives by blood and brothers and sisters shall be under duty to furnish support each other.
If there are special circumstances, the Court of Domestic Relations may impose a duty to furnish support as between the relatives within the third degree other than those mentioned in the preceding paragraph.
If after the decision pursuant to the provisions of the preceding paragraph had been rendered, any change has taken place in the circumstances, the Court of Domestic Relations may revoke the decision.
Article 878.　If, in cases where there exist two or more persons under a duty to furnish support, no agreement is reached or possible between the parties with respect to the order in which they are to furnish support, such order shall be determined by the Court of Domestic Relations.If, in case where there exist two or more persons entitled to support, the financial capacity of the person who is under duty to furnish support is insufficient to support all of them, the same as provided above shall also apply with respect to the order in which they receive support.
Article 879.　If no agreement is reached of possible between the parties concerned with respect to the extent and mode of support, the Court of Domestic Relations shall determine such matters, taking into account the needs of the person entitled to support, the financial capacity of the person under duty to support and all other circumstances.
Article 880.　If, after an agreement had been arrived at or a decision rendered with respect to the order in which the persons who are under duty to furnish support are to furnish support or in which the person entitled to support are to receive support or the extent and mode of support any change has taken place in the circumstances, the Court of Domestic Relations may alter or revoke the agreement or the decision.
Article 881.　The right to be supported cannot be the subject of disposition.
BOOK V. Succession
Chapter I. General Provisions
Article 882.　Succession is opened by reason of death.
Article 883.　Succession is opened at the permanent residence of the person to be succeeded to.
Article 884.　The right to demand recovery of succession shall be extinguished by prescription, if it is not exercised within five years from the time when the successor or his legal representative became aware of the facts constituting a violence of the right of succession. The same shall also apply if twenty years have elapsed from the time of the opening of the succession.
Article 885.　Expenses relating to the property succeeded to shall be defrayed out of such property, excepting, however, such as are caused by the negligence of the successor.
A person entitled to a legally secured portion cannot be compelled to defray the expenses mentioned in the preceding paragraph out of any property acquired by him through an abatement of gifts.
Chapter II. Successors
Article 886.　A child on ventre sa mere shall in respect of succession be deemed to have been already born.
The provisions of the preceding paragraph shall not apply in case where the child en ventre sa mere is born dead.
Article 887.　The lineal descendants of a person to be succeeded to become successors in accordance with the following provisions:
1.　As between persons standing in different degrees of relationship, those nearer in degree are preferred;
2.　Persons standing in the same degree of relationship become successors in the same rank.
Article 888.　If, in cases where a person who would become successor in accordance with the provisions of the preceding Article dies or loses his right of succession previous to the opening of the succession, there exist lineal descendants of such person, the lineal descendants become successors in the same rank as that person, in accordance with the provisions of the preceding Article.
For the application of the provisions of the preceding paragraph, a child en ventre sa mere shall be deemed to have been already born, except however, in case where it is born dead.
Article 889.　In case where there exists no person who if to become successor in accordance with the provisions of the preceding two Articles, the persons mentioned below become successors in the order stated therein:
1.　Lineal ascendants;
2.　Brothers and sisters.
In the case mentioned in Item 1 of the preceding paragraph, the provisions of Article 887, and in the case mentioned in Item 2 thereof, those of Article 887, Item 2 of the preceding Article shall respectively apply with the necessary modifications.
Article 890.　The spouse of a person succeeded to becomes, in every case, a successor. In case if there is any person who is to become a successor in accordance with the provisions of the preceding three Articles, the order of succession of the spouse shall be in the same rank with such person.
Article 891.　None of the persons mentioned below can become an successor:
1.　Any person who has been sentenced to punishment for having intentionally caused or attempted to cause the death of the person to be succeeded to, or of any person who has a prior or the same rank with respect to the succession;
2.　Any person who, knowing that the preson to be succeeded to has been killed by homicide, has omitted, to give information or to bring a formal charge, except when such person has no capacity to discern right and wrong, or when the guilty party is the spouse or a lineal relative by blood of such person;
3.　Any person who has by fraud or duress prevented the person to be succeeded to from making, revoking or altering a will relating to the succession;
4.　Any person who has by fraud or duress induced the person to be succeeded to make, revoke or alter a will relating to the succession;
5.　Any person who has forged, alterad, destroyed or concealed a will of the person to be succeeded to relating to the succession.
Article 892.　In case a presumptive successor who is entitled to a legally secured portion has treated the person to be succeeded to with cruelty or has effected him a gross insult, or in case a presumptive successor has been guilty of any other gross misconduct, the latter may apply to the Court of Domestic Relations for the disinheritance of such presumptive successor.
Article 893.　In case a person to be succeeded to has declared by will his intention to disinherit the presumptive successor, the executor of will must Apply to the Court of Domestic Relations for the disinheritance without delay after the will has become effective. In this case, the disinheritance shall be effective retroactively as from the time of the death of the person succeeded to.
Article 894.　A person to be succeeded to may at any time apply to the Court of Domestic Relations for the revocation of the disinheritance of a presumptive successor.
The provisions of the preceding Article shall apply with the necessary modifications to annulment of disinheritance.
Article 895.　If succession is opened after an application has been made for the disinheritance of a presumptive successor or for the revocation thereof, but beofre the decision on such application has become final and conclusive, the Court of Domestic Relations may, on the application of any relative or any person interested, or of a Public Procurator, order such disposition as may be necessary for the management of the estate. The same shall also apply when there exists a will disinheriting a successor.
In case where the Court of Domestic Relations has appointed an administrator, the provisions of Articles 27 to 29 inclusive shall apply with the necessary modifications.
Chapter III. Effect of Succession
Section I. General Provisions
Article 896.　A successor succeeds, as from the time of the opening of the succession, to all the rights and duties pertaining to the property of the person succeeded to except such as are entirely personal to that person.
Article 897.　Notwithstanding the provisions of the preceding Article, the ownership of genealogical records, of utensils for religious rites and of tombs and burial grounds is succeeded to by the person who, according to custom, is to hold as a president the worship to the memory of the ancestors. If, however, the person succeeded to has designated the person who is to hold as a president the worship to the memory of the ancestors, such person shall succeed to that ownership.
In case the custom mentioned in the preceding paragraph is unknown, the person who is to succeed to the right mentioned in the preceding paragraph shall be determined by the Court of Domestic Relations.
Article 898.　In case there exist two or more successors the property succeeded to is in their co-ownership.
Article 899.　Each co-successor succeeds to the rights and duties of the person succeeded to in proportion to his share in the succession.
Section II. Shares in a Succession
Article 900.　If there exist two or more successors in the same rank, their shares in the succession shall be determined in accordance with the following provisions:
1.　Where lineal descendants and a spouse are successors, the shares in the succession of the lineal descendants shall, in all, be two thirds, and that of the spouse shall be one third;
2.　Where the spouse and lineal ascendants are successors, the share in the succession of the spouse and of the lineal ascendants shall respectively be one half;
3.　Where the spouse and brothers and sisters are successors, the share in the succession of the spouse shall be two thirds and those of the brothers and sisters shall be one third;
4.　Where there exist two or more lineal descendants, or lineal ascendants, or brothers and sisters, their respective share in the succession shall be equal. But, the share in the succession of lineal descandant, who is not legitimate shall be one half of that of a legitimate lineal descendant, and the share in the succession of any of the brothers and sisters whose father or mother alone is the same with that of the person succeeded to, shall be one half of the share of any of the brothers and sisters whose father and mother both are the same with those of the person succeeded to.
Article 901.　The share in a succession of a lineal descendant who is a successor in accordance with the provisions of Art.888 shall be the same as that which would have been received by his lineal ascendant, but in case there exist two or more lineal descendants their shares in the succession shall, in respect of the share which would have been received by the lineal ascendant of each of them, be determined in accordance with the provisions of the preceding Article.
The provisions of the preceding paragraph shall apply with the necessary modifications in case where a lineal descendant of brothers and sisters is a successor in accordance with the provisions of Article 889, Paragraph 2.
Article 902.　A person to be succeeded to may, notwithstanding the provisions of the preceding two Articles, by will determine the shares of co-successors or commission a third person to determine them;but neither the person to be succeeded to nor the third person may contravene the provisions relating to legally secured portions.
In case a person to be succeeded to has determined or caused to be determined the shares of the other co-successors shall be determined in accordance with the preceding two Articles.
Article 903.　In case any of the co-successors has received from the person to be succeeded to a testamentary gift, or a gift for the purpose of his marriage, adoption, or as a means of livelihood, the value of the property owned by the person to be succeeded to at the time of the opening of the succession plus the value of such gift shall be deemed to be the property succeeded to, and the amount remaining after deducting the value of the gift, whether testamentary or not, from what would have been his share in the succession, as computed in accordance with the provisions of the preceding three Articles, shall constitute his share in the succession.
If the value of the gift, whether testamentary or not, equals or exceeds the value of the share in the succession, the donee may not receive such share.
If the person to be succeeded to has declared any intention different from the provisions of the preceding two paragraphs, such declaration of intention shall be effective in so far as it does not contravene the provisions relating to legally secured portions.
Article 904.　The value of gift mentioned in the preceding Article shall be determined by treating the property which forms the subject of the same as if it still existed in its original condition at the time of the opening of the succession, even if it has been lost or increased or decreased in value by an act of the donee.
Article 905.　In case one of the co-successors assigns his share in the succession to a third person before partition, other co-successors may have such share in the succession assigned to them upon effecting a reimbursement of its value and expenses.
The right mentioned in the preceding paragraph must be exercised within one month.
Section III. Partition of Estate
Article 906.　For effecting partition of estate, the kind and nature of the things or rights constituting the estate, the profession of each successor and all other circumstances shall be taken into account.
Article 907.　Except the case where partition of estate has been forbidden by the will of the person succeeded to in accordance with the provisions of Article 908, co-successors may, at any time, effect the partition of the estate by their agreement.
If no agreement is reached or possible between the co-successors for partition of the estate, each co-successor may apply to the Court of Domestic Relations for its partition.
If, in the case mentioned in the preceding paragraph, any special reason exists, the Court of Domestic Relations may forbid partition of all or a part of estate for a fixed period.
Article 908.　A person to be succeeded to may by will determine, or commission a third person to determine, the mode of partition, or forbid partition for a period not exceeding five years from the time of the opening of the succession.
Article 909.　Partition of estate shall be effective retroactively as from the time of the opening of the succession, but nothing in this Article shall prejudice any of the rights of third persons.
Article 910.　If, in case where a person who has become successor by acknowledgment after the opening of the succession applies for the partition of estate, other co-successors have already effected the partition or other dispositions, he may claim only the payment of value of the estate to which he is entitled.
Article 911.　Each co-successor shall in proportion to his share in the succession bear the same liability for warranty as that of a seller towards other co-successors.
Article 912.　Each co-successor shall in proportion to his share in the succession warrant the solvency of the obligor as at the time of partition in regard to obligations acquired by other co-successors through partition.
In regard to an obligation which is not yet due or an obligation subject to a suspensive condition each co-successor warrants the solvency of the obligor as at the time when performance is to be effected.
Article 913.　If any of the co-successors who incur a liability for warranty has not sufficient means to erect reimbursement, the part which he is unable to reimburse shall be borne by the person demanding reimbursement and the other solvent successors in proportion to their respective share in the succession;but in case the party demanding reimbursement is in fault, he cannot demand that the other co-successors shall bear their proportions.
Article 914.　The provisions of the preceding three Articles shall not apply where the person to be succeeded to has declared any different intention by will.
Chapter IV. Acceptance and Renunciation of Succession
Section I. General Provisions
Article 915.　A successor must, within three months from the time when he became aware that the succession had been opened in his favour, effect an acceptance, either absolute or qualified, or a renunciation;but such period may be extended by the Court of Domestic Relations on the application of any person interested or of a Public Procurator.
A successor may make a survey of the property to be succeeded to before effecting acceptance or renunciation.
Article 916.　In case a successor dies without effecting either acceptance or renunciation, the period mentioned in Par.1 of the preceding Article shall be computed as from the time when his successor became aware that the succession had been opened in his favour.
Article 917.　In case a successor is a person under disability, the period mentioned in Art.915, Par.1, shall be computed as from the time when his legal representative became aware that the succession had been opened in favour of the person under disability.
Article 918.　A successor must manage the property succeeded to with the same care as he uses in respect of his individual property, except when he has effected either acceptance or renunciation.
The Court of Domestic Relations may, on the application of any person interested or of a Public Procurator, at any time order the adoption of such measures as may be necessary for the management of the property succeeded to.
In case where the Court of Domestic Relations appoints an administrator the provisions of Arts.27 to 29 inclusive shall apply with the necessary modifications.
Article 919.　Acceptance and renunciation cannot be revoked even Within the period mentioned in Art.915, Par.1.
The provisions of the preceding paragraph shall not preclude the avoidance of acceptance or renunciation in accordance with the provisions of Book 1 and the preceding Book;but such right of avoidance shall be extinguished by prescription, if it is not exercised within six months from the time when it became possible to effect ratification, or if ten years have elapsed from the time of the acceptance or renunciation.
Section II. Acceptance
Sub-Section I. Absolute Acceptance
Article 920.　If a successor effects an absolute acceptance he succeeds without limitation to the rights and duties of the person succeeded to.
Article 921.　In the cases mentioned below a successor shall be deemed to have effected an absolute acceptance:
1.　If he has disposed of the whole or part of the property succeeded to, but this shall not apply to effecting an act of preservation or a lease for any period not longer than those specified in Art.602;
2.　If he fails to effect either a qualified acceptance or a renunciation within the period mentioned in Art.915, Par.1;
3.　If, even after having effected a qualified acceptance or a renunciation, he has concealed or secretly consumed, or failed in had faith to enter in the inventory, the whole or part of the property succeeded to;but this shall not apply after an acceptance has been effected by a person who has become successor in consequence of his having effected a renunciation.
Sub-Section II. Qualified Acceptance
Article 922.　A successor may effect an acceptance with the reservation that he shall perform the obligations and testamentary gift of the person succeeded to only to the extent of the property acquired through the succession.
Article 923.　If there exist two or more successors, qualified acceptance may be effected merely by joint acts of all co-successors.
Article 924.　If a successor desires to effect a qualified acceptance he must prepare an inventory within the period mentioned in Art.915, Par.1 and present it to the Court of Domestic Relations with a declaration that he effects a qualified acceptance.
Article 925.　In case a successor effects a qualified acceptance any rights and duties which he had towards the person succeeded to shall be deemed not to have been extinguished.
Article 926.　A qualified acceptor must continue to manage the property succeeded to with the same care as he uses in respect of his individual property.
The provisions of Arts.645,646,650 Pars.1 and 2, and Art.918, Pars.2 and 3 shall apply with the necessary modifications to the case contemplated in the preceding paragraph.
Article 927.　A qualified acceptor must, within five days after he has effected the qualified acceptance, give public notice to all obligees of the person succeeded to and to all testamentary donees to the effect that he has effected a qualified acceptance and that they are called upon to present their claims within a specified period which must not be less than two months.
The provisions of Art.79, Pars.2 and 3 shall apply with the necessary modifications to the case contemplated in the preceding paragraph.
Article 928.　A qualified acceptor may refuse performance to obligees of the person succeeded to and to testamentary donees until the expiration of the period mentioned in Par.1 of the preceding Article.
Article 929.　Upon the expiration of the period mentioned in Article 927, Par.1, a qualified acceptor must effect performance to those obligees who have presented their claims within such period and to all other obligees known to him, in proportion to the amounts of their respective obligation, out of the property succeeded to;but the rights of obligees who have priority may not be prejudiced thereby.
Article 930.　A qualified acceptor must perform in accordance with the provisions of the preceding Article even those obligations which are not yet due.
Conditional obligations and obligations of uncertain duration must be performed according to the valuation of an expert appointed by the Court of Domestic Relations.
Article 931.　A qualified acceptor may not effect performance to testamentary donees until after he has effected performance to each obligee in accordance with the provisions of the preceding two Articles.
Article 932.　In case it is found necessary to sell the property succeeded to in order to effect performance in conformity with the provisions of the preceding three Articles, a qualified acceptor must offer it for sale by official auction, but he may dispense with the sale by official auction of the whole or part of the property succeeded to upon paying the value thereof according to the valuation of an expert appointed by the Court of Domestic Relations.
Article 933.　An obligee of a person succeeded to or a testamentary donee may at his own expense intervene in the sale by official auction or the valuation of the property succeeded to. In this case the provisions of Art.260, Par.2 shall apply with the necessary modifications.
Article 934.　If a qualified acceptor has neglected to give the public or peremptory notice as prescribed in Art.927 or has effected performance to some obligees or testamentary donees within the peroid mentioned in Par.1 of the same Article, and in consequence has become unable to effect performance to the other obligees or testamentary donees, he shall be bound to make compensation for any damage arising therefrom. The same shall apply where performance has been effected in contravention of any of the provisions of Arts.929 to 931 inclusive.
The provisions of the preceding paragraph shall not prejudice the right of the other obligees or testamentary donees to demand reimbursement from such obligees or testamentary donees as have improperly received performance with knowledge of the circumstances.
The provisions of Art.724 shall also apply in the cases of the preceding two paragraphs.
Article 935.　Obligees and testamentary donees who have failed to present their claims within the period mentioned in Art.927, Par.1 and who were unknown to the qualified acceptor can exercise their rights with respect to the surplus assets only, except those who have special securities in respect to the property succeeded to.
Article 936.　In case there exist two or more successors, the Court of Domestic Relations must appoint an administrator of the property to be succeeded to from among the successors.
The administrator manages the property to be succeeded to, and does all acts necessary for performing obligations on behalf of, and in place of the successors.
The provisions of Articles 926 to 935 inclusive shall apply with necessary modifications to the administrator;but the period to give public notice prescribed in the first paragraph of Article 927 shall be within ten days as from the time when the administrator was appointed.
Article 937.　If there exists any of the grounds mentioned in Item 1 or 3 of Article 921 with regard to one or several of the co-successors who effected an qualified acceptance, an obligee of a person succeeded to may exercise the right over such co-successor's in proportion to his (their) share (s) in the succession in respect of the amounts of obligations which have not been satisfied out of the property succeeded to.
Section III. Renunciation
Article 938.　A person who desires to effect a renunciation of a succession must make a declaration to the Court of Domestic Relations to that effect.
Article 939.　Renunciation shall be effective retroactively as from the time of the opening of the succession.
If, in case where there exist two or more successors, one of them has effected a renunciation, his share in the succession devolves on the other successors in proportion to their respective share therein.
Article 940.　A person who has effected a renunciation of a succession must continue to manage the property succeeded to with the same care as he uses in respect of his own property until the person who becomes successor by reason of his renunciation is able to commence the management of the property.
The provisions of Arts.645,646,650, Pars.1 and 2, and Art.918, Pars.2 and 3 shall apply with the necessary modifications to the case contemplated in the preceding paragraph.
Chapter V. Separation of Property
Article 941.　An obligee of a person succeeded to or a testamentary donee may, within three months from the time of the opening of the succession, apply to the Court of Domestic Relations for the separation of the property succeeded to from the property of the successor. The same shall apply even after the expiration of that period so long as the property succeeded to has not been intermingled with the successor's individual property.
If the Court of Demestic Relations has ordered a separation of property on an application as mentioned in the preceding paragraph, the person who made such application must, within five days, give public notice to the other obligees of the person succeeded to and to testamentary donees to the effect that an order for a separation of property has been made and that they are called upon to claim to intervene in the distribution within a specified period which must not be less than two months.
Article 942.　A person who has applied for a separation of property and those who have claimed to intervene in the distribution in accordance with the provisions of Par.2 of the preceding Article shall receive performance out of the property succeeded to in preference to the obligees of the successor.
Article 943.　In case an application has been made for a separation of property the Court of Domestic Relations may order the adoption of such measures as may be necessary for the management of the property succeeded to.
In case where the Court of Domestic Relations has appointed an administrator, the provisions of Arts.27 to 29 inclusive shall apply with the necessary modifications.
Article 944.　If, even after a successor has effected an absolute acceptance, an application is made for a separation of property, the successor must thence-forth manage the property succeeded to with the same care as he uses in respect of his individual property except when an administrator has been appointed by the Court of Domestic Relations.
The provisions of Arts.645 to 647 inclusive and Art.650, Pars.1 and 2 shall apply with the necessary modifications to the case mentioned in the preceding paragraph.
Article 945.　As regards immovables a separation of property cannot be set up against a third person until it has been registered.
Article 946.　The provisions of Art.304 shall apply with the necessary modifications to the case of a separation of property.
Article 947.　A successor may refuse performance to obligees of the preson succeeded to and to testamentary donees until the expiration of the periods mentioned in Art.941, Pars.1 and 2.
In case an application for a separation of property has been made, the successor must, upon the expiration of the period mentioned in Art.941, Par.2, effect performance, out of the property succeeded to, to those obligees and testamentary donees who applied for the separation of property or claimed to intervene in the distribution in proportion to their respective obligation;but the rights of obligees who have priority may not be prejudiced thereby.
The provisions of Arts.930 to 934 inclusive shall apply with the necessary modifications to the case mentioned in the preceding paragraph.
Article 948.　A person who applied for a separation of property or claimed to intervene in the distribution may exercise his rights with respect to the successor's individual property only in case where he could not receive full performance out of the property succeeded to. In this case the obligees of the successor may receive performance in preference to such person.
Article 949.　A successor may prevent an application for a separation of property or extinguish its effect by effecting performance to the obligees of the person succeeded to and to testamentary donees out of his individual property or by furnishing adequate security to them;but this shall not apply where any obligee of the person succeeded to raises an objection with proof that he will thereby sustain damage.
Article 950.　So long as a successor is at liberty to effect a qualified acceptance or the property succeeded to is not intermingled with the successor's individual property, his obligees may apply for a separation of property against the Court of Domestic Relations.
The provisions of Arts.304,925,927 to 934 inclusive,943 to 945 inclusive and 948 shall apply with the necessary modifications to the case mentioned in the preceding paragraph;but the public and peremptory notice as prescribed in Art.927 must be given by the obligee who has applied for the separation of property.
Chapter VI. Default of Successors
Article 951.　If it is unknown whether there exists a succeesor or not, the property to be succeeded to shall constitute a juristic person.
Article 952.　In the case mentioned in the preceding Article the Court of Domestic Relations must, on the application of any person interested or of a Public Procurator, appoint an administrator of the property to be succeeded to.
The Court of Domestic Relations must without delay give public notice of the appointment of the administrator.
Article 953.　The provisions of Arts.27 to 29 inclusive shall apply with the necessary modifications to an administrator of the property to be succeeded to.
Article 954.　If a demand is made by any of the obligees of the person to be succeeded to or of the testamentary donees. the administrator must report to such persons on the condition of the property to be succeeded to.
Article 955.　If it becomes known that there exists a successor the juristic person shall be deemed never to have existed, provided that the validity of acts done by the administrator within the scope of his authority shall not be effected thereby.
Article 956.　The power of representation of an administrator shall be extinguished at the time when a successor effects an acceptance of succession.
In the case mentioned in the preceding paragraph the administrator must without delay render an account of the management to the successor.
Article 957.　If it does not, within two months after the public notice prescribed in Art.952, Par.2, has been given, become known that there exists a successor, the administrator must, without delay, give public notice to all obligees of the person to be succeeded to and to all testamentary donees, calling upon them to present thier claims within a specified period, which must not be less than two months.
The provisions of Art.79, Pars.2 and 3, and Arts.928 to 935 inclusive shall apply with the necessary modifications to the case mentioned in the preceding paragraph, except those of the proviso to Art.932.
Article 958.　If, even after the expiration of the period mentioned in Par.1 of the preceding Article, it is still unknown whether there exists any successor, the Court of Domestic Relations must, on the application of the administrator or of a Public Procurator, give public notice calling upon the successor, if any, to assert his right within a specified period, which must not be less than one year.
Article 959.　If no one asserts his right as successor within the period mentioned in the preceding Article, the property to be succeeded to shall devolve on the National Treasury. In such case the provisions of Art.956, Par.2 shall apply with the necessary modifications.
Obligees of the person to be succeeded to and testamentary donees cannot exercise their rights as against the National Treasury.
Chapter VII. Wills
Section I. General Provisions
Article 960.　No will can be made otherwise than in conformity with the forms prescribed in this Code.
Article 961.　Any person who has completed his fifteenth year may make a will.
Article 962.　The provisions of Arts.4, 9 and 12 shall not apply to a will.
Article 963.　A testator must at the time of making a will be invested with capacity to do so.
Article 964.　A testator may make a disposition of the whole or part of his property under either a universal or special title;but provisions relating to legally secured portions may not be contravened.
Article 965.　The provisions of Arts.886 and 981 shall apply with the necessary modifications to testamentary donee.
Article 966.　If, before the accounts of a guardianship have been completed, the ward makes a will under which the guardian, his spouse or any of his lineal descendants is to take a benefit, such will shall be void.
The provisions of the preceding paragraph shall not apply in case where a lineal relative by blood, the spouse, or a brother or sister is the guardian.
Section II. Forms of Wills
Sub-Section I. Ordinary Forms
Article 967.　A will must be made by means of a holographic, or a notarial, or a secret document, except when resort to special forms is permitted.
Article 968.　In order to make a will by a holographic document, the testator must write with his own hand the whole text, the date and his full name and must affix his seal thereto.
Any insertion, deletion or other alteration in a holographic document shall be ineffective unless the testator indicates the place thereof, makes an additional entry to the effect that an alteration has been made, specially adds his signature to such entry and also affixes his seal at the place of alteration.
Article 969.　In order to make a will by a notarial document, the following formalities must be complied with:
1.　That two or more witnesses are present;
2.　That the testator orally declares the tenor of the will to a notary;
3.　That the notary writes down the testator's oral statement and reads it to the testator and the witnesses;
4.　That the testator and each of the witnesses affix their signatures and seals to the writing after acknowledging it to be correct;but in case where the testator is unable to sign the notary may make an additional entry of the fact in substitution for the signature;
5.　That the notary makes an additional entry to the effect that the document has been drawn up in compliance with the formalitites specified under the preceding four heads and affixes signature and seal thereto.
Article 970.　In order to make a will by a secret document, the following formalities must be complied with:
1.　That the testator affixes his signature and seal to the document;
2.　That the testator closes up the document and seals the cover with the same seal as he has used upon the document;
3.　That the testator produces the sealed document before a notary and at least two witnesses and declares that it is his testamentary document and also declares the full name and permanent residence of the Writer thereof;
4.　That, after the notary has written down on the sealed cover the date of the production of the document and the declaration of the testator, he, the testator and the witnesses affix their signatures and seals thereto.
The provisions of Art.968, Par.2 shall apply with the necessary modifications to a will made by a secret document.
Article 971.　Even if a will made by a secret document is defective as regards the formalities prescribed in the preceding Article it shall be valid as a will made by a holographic document if it fulfils the formalities specified in Art.968.
Article 972.　In case where a person who is unable to speak makes a will by a secret document, the testator must, in substitution for the declaration mentioned in Art.970, Par.1, No.3, write with his own hand in the presence of the notary and of the witnesses on the sealed cover a statement that the document is his testamentary one and also the full name and permanent residence of the writer thereof.
The notary must wirte on the sealed cover, in substitution for writing the declaration, a statement that the testator has complied with the formalities prescribed in the preceding paragraph.
Article 973.　In order to enable a person adjudged incompetent to make a will during a lucid interval, at least two medical practitioners must be present.
The medical practitioners present at the making of the will must make an additional entry upon the testamentary document to the effect that the testator was not in a condition of mental unsoundness at the time when he made the will and must affix their signatures and seals thereto;but in case where a will is made by a secret document such entry, signatures and seals must be affixed to the sealed cover.
Article 974.　None of the persons mentioned belowcan become a witness to a will or a person required to be present at the making thereof:
1.　A minor;
2.　A person adjudged incompetent or quasi-incompetent;
3.　A presumptive successor, a testamentary donee, and their spouses and lineal relatives by blood;
4.　The spouse, any of the relatives up to the fourth degree of relationship and any of the clerks as well as of the servants, of the notary.
Article 975.　No will can be made by two or more persons by one and the same document.
Sub-Section II. Special Forms
Article 976.　In case a person who is in imminent danger of death through disease or from any other cause desires to make a will, he may do so in the presence of at least three witnesses by orally declaring its tenor to one of them. In this case the person to whom the oral declaration is made must write it down and read it to the testator and the other witnesses, and each witness, after having acknowledged the writing to be correct, must affix his signature and seal thereto.
A will made in accordance with the provisions of the preceding paragraph shall not be valid, unless within twenty days from the day on which the will was made one of the witnesses or some person intersted applies to the Court of Domestic Relations and obtains a confirmation thereof.
The Court of Domestic Relations may not confirm a will unless convinced that it represents the true intention of the testator.
Article 977.　A person who is in a place communication with which is cut off by administrative measures on account of contagious disease may make a written will in the presence of a police officer and at least one witness.
Article 978.　A person on board ship may make a written will in the presence of the master or one of the clerical staff of the ship and at least two witnesses.
Article 979,　A person who, in the event of a ship's distress, is on board the ship and is in immediate danger of death, may make a will orally in the presence of at least two witnesses.
A will made in compliance with the provisions of the preceding paragraph shall not be valid, unless witnesses write down its tenor and verify such writing with their signatures and seal-impressions and one of the witnesses or some person interested also applies without delay to the Court of Domestic Relations and obtains a confirmation thereof.
The provisions of Article 976, Paragraph 3 shall apply with the necessary modifications to the case mentioned in the preceding paragraph.
Article 980.　In the cases mentioned in Arts.977 and 978, the testator, the writer and the persons required to be present and the witnesses must each affix their signatures and seals to the testamentary document.
Article 981.　If, in the cases mentioned in Arts.977 to 979 inclusive, there is concerned a person who is unable to affix his signature or seal, persons required to be present or witneeses must make an additional entry of the fact.
Article 982.　The provisions of Art.968, Par.2 and Arts.973 to 975 inclusive shall apply to a will made in accordance with the provisions of Arts.976 to 981 inclusive.
Article 983.　A will made in accordance with the provisions of Arts.976 to 982 inclusive shall not be valid if the testator survives for six months from the time when he becomes abble to make a will in compliance with ordinary forms.
Article 984.　In case a Japanese resident in a place where there is stationed a Japanese Consul desires to make a will by means of a notarial or secret document, the duties of a notary shall be performed by such Consul.
Section III. Effect of Wills
Article 985.　A will becomes effective upon the death of the testator.
If, in case where a will is subject to a suspensive condition, the condition is fulfilled after the death of the testator, the will becomes effective upon the fulfilment of the condition.
Article 986.　A testamentary donee may effect a renunciation of the testamentary gift at any time subsequent to the death of the testator.
A renunciation of a testamentary gift shall be effective retroactively as from the time of the death of the testator.
Article 987.　A person charged with a testamentary gift or any person interested may give a peremptory notice to the testamentary donee to effect either an acceptance or a renunciation of the testamentary gift within a reasonable period fixed by him. If the testamentary donee fails to declare his intention to the person charged with the testamentary gift within such period, he shall be deemed to have accepted the testamentary gift.
Article 988.　In case a testamentary donee dies without effecting either an acceptance or a renunciation of the testamentary gift, his successor can effect either an acceptance or a renunciation within the scope of his own right of succession, but if the testator has declared a different intention in his will, such intention shall prevail.
Article 989.　An acceptance or a renunciation of testamentary gift cannot be revoked.
The provisions of Art.919, Par.2 shall apply with the necessary modifications to an acceptance or a renunciation of a testamentary gift.
Article 990.　A testamentary donee by a universal title has the same rights and duties as a successor.
Article 991.　So long as a testamentary gift is not yet due, the testamentary donee may demand adequate security from the person charged with the testamentary gift. The same shall apply as respects a testamentary gift subject to a suspensive condition during the pendency of the condition.
Article 992.　A testamentary donee acquires fruits as from the time when he can demand fulfilment of the testamentary gift;but if the testator has declared a different intention in his will, such intention shall prevail.
Article 993.　In case a person charged with a testamentary gift incurs any expenses in respect of the subjectmatter of the testamentary gift after the death of the testator, the provisions of Art.299 shall apply with the necessary modifications.
As regards ordinary necessary expenses incurred for the purpose of collecting fruits, the reimbursement thereof may be demanded to the extent of the value of the fruits.
Article 994.　A testamentary gift shall not take effect if the testamentary donee dies before the death of the testator.
The same shall apply with respect to a testamentary gift subject to a suspensive condition if the testamentary donee dies before the fulfilment of the condition;but if the testator has declared a different intention in his will, such intention shall prevail.
Article 995.　In case a testamentary gift does not take effect, or becomes void of effect by reason of renunciation, whatever the testamentary donee would have received devolves on the successor;but if the testator has declared a different intention in his will, such intention shall prevail.
Article 996.　A testamentary gift shall not take effect if the right which forms the subject thereof is not comprised in the property succeeded to at the time of the death of the testator, except when it appears that such right has been made the subject of the testamentary gift notwithstanding that it may not be comprised in the property succeeded to.
Article 997.　In case a testamentary gift having for subject a right which is comprised in the property succeeded to is effective in accordance with the provisions of the Proviso to the preceding Article, the person charged with the testamentary gift is under a duty to acquire that right and transfer it to the testamentary donee. If he cannot acquire it or if excessive expense would be required in order to acquire it, he must pay over the value thereof;but if the testator has declared a different intention in his will, such intention shall prevail.
Article 998.　If, in case where a non-specific thing has been made the subject of a testamentary gift, the testamentary donee is deprived by eviction of the thing delivered, the person charged with the testamentary gift shall assume the same liability in respect of warranty as that of a seller.
If, in the case mentioned in the preceding paragraph, any defect exists in the thing, the person charged with the testamentary gift must substitute in its place a thing free from any defect.
Article 999.　In case a testator has a right to demand compensation from a third person by reason of the loss or alteration of the subject-matter of the testamentary gift or the loss of the possession thereof, such right shall be presumed to have been made the subject of the testamentary gift.
If, in case where the subject matter of a testamentary gift has been united to or mixed with another thing, the testator has become the sole owner of a co-owner of the composite thing or the mixture in accordance with the provisions of Arts.243 to 245 inclusive, the ownership or the co-ownership of the whole shall be presumed to have been made the subject of the testamentary gift.
Article 1000.　If the thing or right which constitutes the subject of a testamentary gift at the time of the death of the testator is the subject of a right belonging to a third person, the testamentary donee may not demand from the person charged with the testamentary gift that such right be extinguished;but if the testator has declared a different intention in his will, such intention shall prevail.
Article 1001.　If, in case where an obligation has been made the subject of a testamentary gift, the testator has obtained performance and things which he has so received still remain among the property succeeded to, such things shall be presumed to have been made the subject of the testamentary gift.
As regards an obligation which has money for its subject, the amount of such money shall be presumed to have been made the subject of the testamentary gift even though there is in the property succeeded to no sum of money corresponding to the amount of the obligation.
Article 1002.　A person who has received a testamentary gift subject to a charge is bound to perform the duty which he has assumed only to the extent of the value of the subject of the testamentary gift.
In case the testamentary donee has effected a renunciation, the person who is to receive the benefit of the charge may himself become testamentary donee;but if the testator has declared a different intention in his will, such intention shall prevail.
Article 1003.　In case the value of the subject of a testamentary gift which is subject to a charge is reduced by reason of a qualified acceptance of the succession or an action for the recovery of a legally secured portion, the testamentary donee shall in proportion to such reduction be relieved of the duty which he has assumed;but if the testator has declared a different intention in his will, such intention shall prevail.
Section IV. Carrying Wills into Effect
Article 1004.　Upon becoming aware of the opening of the succession the custodian of a testamentary document must without delay present it to the Court of Domestic Relations and apply for probate thereof. In case where there exists no custodian of the testamentary document, the same shall apply upon the discovery of the document by the successor.
The provisions of the preceding paragraph shall not apply to a will made by means of a notarial document.
A testamentary document closed up with a seal may not be opened except in Court of Domestic Relations and in the presence of the successors or their representatives.
Article 1005.　Any person who neglects to present a testamentary document in accordance with the provisions of the preceding Article, or who carries a will into effect without first procuring probate, or who opens a will out of Court of Domestic Relations, shall be held liable to an administrative penalty of not exceeding two hundred yen.
Article 1006.　A testator may designate one or more executors by will or commission a third person to designate them.
A person who has been commissioned to designate executors must without delay effect the designation and give notice thereof to the successors.
If a person who has been commissioned to designate executors desires to decline such commission, he must without delay give notice to that effect to the successors.
Article 1007.　An executor who has consented to assume office must at once enter upon its duties.
Article 1008.　Successors or any other person interested may give a permptory notice to the executor to make a definite answer within a reasonable period fixed by them as to whether he consents to assume office or not. If the executor fails to make a definite answer to the successor within such period, he shall be deemed to have consented to assume office.
Article 1009.　Person under disability and bankrupts cannot become executors.
Article 1010.　If there exists no executor or if no executor remains, the Court of Domestic Relations may appoint one on the application of any person interested.
Article 1011.　An executor must without delay prepare an inventory of the property succeeded to and hand it over to the successors.
If an application is made by the successors, an executor must prepare an inventory in their presence or cause a notary to prepare it.
Article 1012.　An executor has the right and duty to manage the property succeeded to and to perform all acts necessary for carrying the will into effect.
The provisions of Arts.644 to 647 inclusive and 650 shall apply with the necessary modifications to an executor.
Article 1013.　In case where there exists an executor, the successors may not in any way dispose of the property succeeded to or do any act which would obstruct the carrying of the will into effect.
Article 1014.　In case where a will relates to some specific property, the provisions of the preceding Articles shall apply to such property only.
Article 1015.　An executor shall be deemed to be the representative of the successors.
Article 1016.　An executor may not procure a third person to perform his duties except for unavoidable reasons;but if the testator has declared a different intention in his will, such intention shall prevail.
In case where an executor procures a third person to perform his duties in accordance with the terms of the Proviso to the preceding paragraph, he shall assume towards the successors the responsibility as prescribed in Art.105.
Article 1017.　In case where there exist two or more executors, the conduct of their duties shall be decided by the majority;but if the testator has declared a different intention in his will, such intention shall prevail.
Notwithstanding the provisions of the preceding paragraph, each executor is entitled to effect acts of preservation.
Article 1018.　The Court of Domestic Relations may determine the remuneration of an executor having regard to the conditions of the property succeeded to or other circumstances, except, however, when a testator provided the remuneration in his will.
In case where an executor is to receive remuneration, the provisions of Art.648, Pars.2 and 3 shall apply with the necessary modifications.
Article 1019.　If an executor neglects his duties or if there exists any other reasonable ground, any person interested may apply to the Court of Domestic Relations for his removal.
If reasonable ground exists, an executor may resign his office with leave of the Court of Domestic Relation.
Article 1020.　The provisions of Arts.654 and 655 shall apply with the necessary modifications in case where the duties of an executor have terminated
Article 1021.　Expenses relating to carrying a will into effect shall be borne by the property succeeded to;but legally secured portions cannot be diminished thereby.
Section V. Revocation of Wills
Article 1022.　A testator can at any time revoke the whole or part of his will in accordance with any of the forms prescribed for wills.
Article 1023.　If a prior will is inconsistent with a subsequent will the prior will shall be deemed to have been revoked by the subsequent one in respect of the parts in which they are inconsistent.
The provisions of the preceding paragraph shall apply with a necessary modifications in case where a will is inconsistent with a disposition inter vivos or any other juristic act effected subsequently to the will.
Article 1024.　If a testator intentionally destroys his testamentary document he shall be deemed to have revoked the will in respect of such parts as have been destroyed. The same shall apply when a testator intentionally destroys the subject-matter of a testamentary gift.
Article 1025.　A will revoked in accordance with the preceding three Articles shall not be revived even though the act of revocation is avoided or becomes ineffective, except when such act has been induced either by franud or duress.
Article 1026.　A testator cannot waive the right to revoke his will.
Article 1027.　If a person who has received a testamentary gift subject to a charge does not perform the duty which he has assumed, the successors may fix a reasonable period and give peremptory notice demanding its performance and may apply to the Court of Domestic Rations for the revocation of the will, if no performance is effected within such period.
Chapter VIII. Legally Secured Portions
Article 1028.　Any successors, with the exception of brothers and sisters of the person succeeded to, shall receive, as their legally secured portion, the following sum:
1.　In case where all of the successors are lineal descendants, or all of them are lineal descendants and the spouse, one half of the property of the person succeeded to;
2.　In all other cases, one third of the property of the person succeeded to.
Article 1029.　A legally secured portion shall be calculated on the basis of adding to the value of the property which the person succeeded to had at the time of the opening of the succession the value of any property of which he had made gifts and deducting therefrom the total amount of his obligations.
The value of a conditional right or of a right of uncertain duration shall be determined according to the assessment of an expert appointed by the Court of Domestic Relations.
Article 1030.　The value of gifts shall be taken into account in accordance with the provisions of the preceding Article only if they were made within one year prior to the opening of the succession. But the rule shall apply even to gifts which were made more than a year before if both the parties acted with knowledge that loss would be caused to the person entitled to a legally secured portion.
Article 1031.　A person entitled to a legally secured portion or his successor may demand an abatement of testamentary gifts and of gifts inter vivos as mentioned in the preceding Article to the extent necessary for the protection of the legally secured portion.
Article 1032.　If, in case where a conditional right or a right of uncertain duration is made the subject of a gift inter vivos or a testamentary gift, such gift or testamentary gift is to abate partially, persons entitled to a legally secured portion must at once pay to the donee or the testamentary donee the value of the remaining part according to the value as determined in accordance with the provisions of Art.1029, Par.2.
Article 1033.　Gifts do not abate until testamentary gifts have abated.
Article 1034.　Testamentary gifts abate in proportion to the value of their subject;but if the testator has declared a different intention in his will, such intention shall prevail.
Article 1035.　Abatement of gifts shall commence with the latest and extend in a successive order to the earliest.
Article 1036.　In addition to the property to be returned, donee must also return its fruits as from the day on which a demand for an abatement was made.
Article 1037.　Any loss arising from the insolvency of a donee whose gift is to abate shall be borne by the persons entitled to a legally secured portion.
Article 1038.　As to a gift subject to a charge, an abatement may be demanded in respect of the value of the subject less that of the charge.
Article 1039.　An act for value performed for an inadequate consideration shall be deemed to be a gift only if both the parties acted with knowledge that loss would be caused to the person entitled to a legally secured portion. In such case, the person entitled to a legally secured portion who demands abatement must make reimbursement for the consideration.
Article 1040.　In case a donee whose gift is to abate has assigned the subject of the gift to another person, he must pay its value to the person entitled to a legally secured portion;but if the assignee knew at the time of the assignment that loss would be caused to the person entitled to a legally secured portion, the latter may also demand an abatement as against the assignee.
The provisions of the preceding paragraph shall apply with the necessary modifications to the case where a donee has created rights over the subject of the gift.
Article 1041.　A donee inter vivos or a testamentary donee may relieve himself of the duty of restoration by paying to the person entitled to a legally secured portion the value of the subject of the gift inter vivos or the testamentary gift to the extent that such gift is to abate.
The provisions of the preceding paragraph shall apply with the necessary modifications to the case mentioned in the Proviso to the preceding Article, Par.1.
Article 1042.　The right to demand abatement shall be extinguished by prescription, if it is not exercised with one year from the time when the person entitled to a legally secured portion became aware that the succession had been opened and that gifts inter vivos or testamentary gifts which are to abate had been made, or if ten years have elapsed from the time of the opening of the succession.
Article 1043.　The renunciation of a legally secured portion effected before the opening of the succession shall be effective, if, and only if, the approval of the Court of Domestic Relations is obtained.
No renunciation of a legally secured portion effected by one of the co-successors shall affect the legally secured portion of any other co-successors.
Article 1044.　The provisions of Arts.888,900,901,903 and 904 shall apply with the necessary modifications to a legally secured portion.
Supplementary Provisions:
Article 1.　The present Law shall come into force as from January 1, 1948.
Article 2.　Law No.37 of 1902 is hereby repealed.
Article 3.　Within the meaning of these Supplementary Provisions, the New Code shall be taken to refer to the Civil Code as amended by the present Law, the Old Code shall to the Civil Code which have hitherto been in force and the Law concerning Temporary Measures shall to the Law No.74 of 1947.
Article 4.　Except for cases otherwise provided, the New Code shall apply to any of the matters which have occurred before the coming into force of the New code. But nothing in this Article shall prejudice any of the effects which have arisen under the Old Code and the Law concerning Temporary Measures.
Article 5.　No act can be avoided which has been done by a wife in contravention of the provisions of Article 14, Paragraph 1 of the Old Code before the coming into force of the Law concerning Temporary Measures.
Article 6.　In case where retirement from the headship of a House effected before the coming into force of the Law concerning Temporary Measures could be annulled under the Old Code, such retirement can be annulled in accordance with the Old Code. In this case, the provisions of Article 760 of the Old Code shall apply.
Article 7.　If, before the coming into force of the Law concerning Temporary Measures, rights of the head of a House have been lost by reason of retirement from the headship of the House or by reason of marriage with an incoming husband, the provisions of Article 761 of the Old Code shall continue to apply.
Article 8.　Even in case where a marriage contracted before the coming into force of the New Code one be annulled under the Old Code, such marriage may not be annulled, if none of the matters constituting the grounds for the annulment is provided in the New Code.
Article 9.　The period of time fixed in Article 747, Paragraph 2 of the Civil Code which is applicable with the necessary modifications in the provisions of Article 764 of the New Code shall be computed as from the day on which the New Code comes into force, if the party concerned discovered the fraud or became free from the duress before the coming into force of the New Code.
Article 10.　Each of the parties who have effected divorce after the coming into force of the Constitution of Japan and before the coming into force of the New Code, may demand distribution of property from the other party in accordance with the provisions of Article 768 of the New Code.
The provisions of the preceding paragraph shall apply with the necessary modifications to annulment of marriage.
Article 11.　With respect to an application for divorce by reason of any of the grounds which have occurred before the coming into force of the New Code, the provisions which are hitherto in force shall continue to apply.
The provisions of Article 770, Paragraph 2 of the New Code shall apply with the necessary modifications to cases mentioned in the preceding paragraph.
Article 12.　In case where a minor child has entered into the house of its father or mother in accordance with the provisions of any of Arts.737 and 738 of the Old Code before the coming into force of the Urgent Measures Law, the child may resume its prior surname within one year as from the day on which he attained majority. If the child attains majority before the coming into force of this Law, the same shall apply also with regard to within one year as from the coming into force of this Law.
Article 13.　The provisions of Articles 8, 9 and 10 shall apply with the necessary modifications to adoption.
Article 14.　In case where the father and mother not in matrimonial relation exercise jointly the parental power ever the minor child at the time of coming into force of the New Code, they shall exercise jointly the parental power continually after the coming into force of this Law. But the father and mother may determine one of them to have the parental power by agreement.
If no agreement mentioned in the latter part of the preceding paragraph is reached or possible, the Court of Domestic Relations may frender decision in place of agreement on an application of the father or mother.
The provisions of Art.819, Par.6 of the New Code shall apply with the necessary modifications to the cases mentioned in any of the latter part of Par.1 and the preceding paragraph.
Article 15.　An act done or consented to in contravention of the provisions of Article 886 of the Old Code by a mother exercising parental power before the coming into effect of the Law concerning Temporary Measures cannot be avoided.
Article 16.　The provisions of Article 21 shall apply with the necessary modifications to a step-father or a step-mother, or a woman who is the wife of the father of an acknowledged child and belongs to the same House as that of the child (Chakubo), if such person has been exercising parental power before the coming into force of the Law concerning Temporary Measures.
Article 17.　The provisions of Article 894 of the Old Code shall continue to apply to any obligatory right which has arisen, with respect to the management of the property, as between any of the members of family council and a child who is subject to parental power, before the coming into force of the New Code.
Article 18.　Even if a mother resigned the management of property of her child according to the old provisions, her resignation shall have no effect after the enforcement of the New Code, in case where guardian-ship for the child has not been commenced at the time of the coming into force of the New Code.
Article 19.　If either a father or mother occupies the position of a guardian in accordance with the provisions of Article 902 of the Old Code, or if there is a guardian appointed in accordance with the provisions of Article 904 of the Old Code at the time of the coming into force of the New Code the guardian shall not automatically forfeit such position by reason of the coming into force of the New Code. But such person shall forfeit the position mentioned above as a matter of course, if the guardianship terminated as a result of the coming into force of the New Code, or if there exists a legal guardian assuming his office under the New Code.
Article 20.　The provisions of the preceding Article shall apply with the necessary modifications to a supervisor of the guardian or to a curator.
Article 21.　An act done or consented to in contravention of the provisions of Article 929 of the Old Code by a guardian before the coming into force of the New Code can be avoided in accordance with the Old Code.
Article 22,　The provisions of Article 17 shall apply with the necessary modifications to relations between any of the members of a family council on one hand and a ward or a person adjudged incompetent on the other.
Article 23.　In respect of discontent with a resolution adopted at a family council before the coming into force of the New Code, the Old Code shall continue to apply.
Even if a judgment annulling a resolution adopted at a family council has become final and conclusive, it is not allowed to vote and pass a resolution at the family council again.
Article 24.　The provisions of Article 880 of the New Code shall apply with the necessary modifications to a judgment delivered with respect to support before the coming into force of the New Code.
Article 25.　With respect to succession which opened before the coming into force of the Law concerning Temporary Measures, the Old Code shall apply even after the coming into force of the New Code excepting the ecase mentioned in Paragraph 2.
As to case where a succession to the headship of a House has been commenced before the coming into force of the Law concerning Temporary Measures and, according to the Old Code, it is necessary to appoint the successor to the headship of a House after the coming into force of the New Code, the New Code shall apply with respect to the succession. But as to case where such succession has been commenced by reason of annulment or dissolution of marriage with incoming husband or by reason of annulment of adoptive relation, the provisions of Article 28 shall apply with the necessary modification, in consideration of the fact that succession has not been commenced as yet in respect to property.
Article 26.　In case where a person who is the head of a House at the time of the coming into force of the Law concerning Temporary Measures is one who has entered therein from another House by reason of marriage or of adoption, any of such person's stepchildren who have originally belonged to the former House shall have the same rights not assume the same liabilities as those of the legitimate children, in so far as succession to be commenced after the coming into force of the New Code concerned.
In case where succession with respect to a person who was the head of a House mentioned in the preceding paragraph opened after the coming into force of the Law concerning Temporary Measures and before the coming into force of the New Code the stop-children mentioned in the Preceding paragraph may demand distribution of a part of the property succeeded to from the successor. The provisions of Article 27, Paragraphs 2 and 3 shall apply with the necessary modifications to those cases.
The provisions of the preceding two paragraphs shall not apply to cases where the person who was the head of a House mentioned in Paragraph 1 has changed his or her surname by reason of annulment of marriage or of adoption or by reason of divorce or of dissolution of adoptive relation after the coming into force of the Law concerning Temporary Measures.
Article 27.　With the exception of the case mentioned in the former sentence of Article 25, Paragraph 2, in case where succession to the headship of a House by reason of the death of the head thereof opened after the day of the coming into force of the Constitution of Japan, any person who would have become one of the co-successors under the New Code, may demand distribution of a part of the property succeeded to from the successor to the headship of the House.
In case where no agreement is reached or possible between the parties in respect of the distribution of the property succeeded to in accordance with the provisions of the preceding paragraph, any of the parties concerned may apply to the Court of Domestic Relations for measures to take the place of such agreement. But this shall not apply after the elapse of one year from the day of the coming into force of the New Code.
In case mentioned in the preceding paragraph the Court of Domestic Relations shall determine whether the property be distributed or not and, if it be distributed, the sum of each share and the method of distribution, taking into account the condition of the property succeeded to the number and financial capacity of the person who is to receive the distribution, the facts as to whether such person has received any distribution of property by an act inter vivos or by a will of the person succeeded to, and all other circumstances.
Article 28.　If a person who was the head of a House at the time of the coming into force of the Law concerning Temporary Measures changes his or her surname, after the coming into force of the Law concerning Temporary Measures, by reason of annulment of marriage, divorce, annulment or dissolution of adoptive relation, the other spouse or adoptive parents, and in case where there is no such spouse or adoptive parents their successors may, according to the New Code, demand the distribution of a part of the property from such person. In this case the provisions of Paragraphs 2 and 3 of the preceding Article shall apply with the necessary modifications.
Article 29.　If, a presumptive successor to the headship of a House or a successor to an estate has been disinherited in accordance with the provisions of Article 975, Paragraph 1, Item 1 or Article 998 of the Old Code, such person shall, for the application of the New Code, be deemed to have been disinherited in accordance with the provisions of Article 892 of the New Code.
Article 30.　In case succession is to be governed by the New Code pursuant to the provisions mentioned in the main part of Paragraph 2 of Article 25, any dispositions made with respect to the management of an estate in accordance with Article 978 of the Old Code (including the cases where the same Article is applicable with the necessary modifications in Article 1000), shall be deemed to have been made in accordance with the provisions of Article 895 of the New Code.
Article 31.　For the application of the provisions of Article 903 of the New Code, any property which has been donated, before the coming into force of the Law concerning Temporary Measures, for the purpose of establishment of a branch House or re-establishment of an abolished or extinct House, shall be deemed to have been donated as a means of livelihood.
Article 32.　The provisions of Articles 906 and 907 of the New Code shall apply with the necessary modifications to cases where the Old Code applies to succession to estate, in accordance with the provisions of Paragraph 1 of Article 25.
Article 33.　With respect to a will which, before the coming into force of the New Code, has been made in accordance with the provisions of Article 1079, Paragraph 1, of the Old Code, but has not been confirmed in compliance with the provisions of Paragraph 2 of the said Article, the provisions of Article 979, Paragraphs 2 and 3 of the New Code shall apply with the necessary modifications.
The provisions of the preceding paragraph shall also apply to a will wich has been made, before the coming into force of the New Code, in the event of a distress of a ship belonging to the navy in accordance with the provisions of Article 1079 Paragraph 1 of the Old Code which are applicable in Article 1081 thereof with the necessary modifications, but has not been confirmed in compliance with the provisions of Paragraph 2 of the Article.
Minister of Justice　SUZUKI Yoshio
Prime Minister　KATAYAMA Tetsu