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Japan Civil Code
BOOK 4 RELATIVES
CHAPTER I GENERAL PROVISIONS
Scope of relatives
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.
Degree of relationship
Article 726. 1. The degree of
relationship is determined by computing the number of generations between
relatives.
2 . 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.
Relationship by adoption
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.
Termination of matrimonial
relationship
Article 728. 1. The matrimonial
relationship is terminated by divorce.
2. 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.
Termination of adoptive
relationship
Article 729. The relationship
between an adopted child, its spouse, its lineal descendants and their spouses
on 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.
Mutual cooperation of
relatives
Article 730. Lineal relatives
by blood and the relatives living together shall mutually cooperate.
CHAPTER II MARRIAGE
Section 1 Formation of Marriage
Sub-Section I Requisites for
Marriage
Puberty
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.
(Prohibition of plural
marriage)
Article 732. A person who has a
spouse may not effect an additional marriage.
(Re-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.
2. In cases 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.
(Prohibition of marriage
between relative by blood)
Article 734. No marriage may be
effected between lineal relatives by blood, nor between collateral relatives by
blood up to the third degree of relationship; however, this shall not apply
between an adopted child and any of the collateral relatives by blood on the
side of the adoptive relatives.
2. The provision of the preceding paragraph shall also apply even after the
relationship has terminated in accordance with the provision of Article 817-9.
(Prohibition of marriage
between lineal relatives by affinity)
Article 735. No marriage may be
effected between lineal relatives by affinity. The same shall apply after the
relationship by affinity has ceased in accordance with the provision of Article
728 or Article 817-9.
(Prohibition of marriage
between adopted child and adoptive parent)
Article 736. No marriage may be
effected 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 lineal ascendants on the other, even after the relationship has ceased in
accordance with the provisions of Article 729.
(Minor's marriage)
Article 737. A minor child
shall obtain the consent both of his or her father and mother in order to marry.
2. 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.
(Major ward's marriage)
Article 738. A major ward need
not obtain the consent of a guardian for majority in order to marry.
(Notification of marriage)
Article 739. A marriage becomes
effective by notification thereof in accordance with the provisions of the
Family Registration Law.
2. The notification mentioned in the preceding paragraph shall be made by both
the parties and two or more witnesses of full age either orally, or by a
document signed by them.
(Ibid--acceptance)
Article 740. The notification
of marriage may not be accepted unless the marriage does not contravene the
provisions of Articles 731 to 737 inclusive and paragraph 2 of the preceding
Article, and of other laws or ordinances.
(Ibid--in foreign country)
Article 741. In cases Japanese subjects resident in a foreign
country desire to effect a marriage between themselves, notification thereof may
be made to the Japanese Ambassador, Minister, or a Japanese Consul acting in
that country. In this case the provisions of the preceding two Articles shall
apply mutatis mutandis.
Sub-Section 2 Nullity and
Annulment of Marriage
(Nullity of marriage--causes)
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; however, if the
notification only fails to fulfill the conditions prescribed in Article 739
paragraph 2, the validity of the marriage shall not be affected thereby.
(Annulment of marriage)
Article 743. A marriage cannot
be annulled except in accordance with the provisions of Articles 744 to 747
inclusive.
(Ibid--unlawful marriage)
Article 744. In cases of a
marriage effected 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; however, a
public procurator may not make such an application after the death of either of
the parties.
2. In cases of a marriage effected 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;
(Ibid--marriage under puberty)
Article 745. No application may
be made for the annulment of a marriage effected in contravention of the
provisions of Article 731, if the person who was not of marriageable age has
attained the requisite age.
2. A person married under the marriageable age may still apply for the annulment
of the marriage during a period of three months from his or her attainment of
the requisite age; however, this shall not apply when he or she has ratified it
after having attained the requisite age.
(Ibid--earlier re-marriage)
Article 746. No application may
be made for the annulment of a marriage effected 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 re-marriage.
(Ibid--marriage due to fraud or
duress)
Article 747. A person who has
been induced by fraud or duress to effect a marriage may apply to the Court for
the annulment of such marriage.
2. 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 or she has effected a ratification.
(Ibid--non-retroactivity)
Article 748. The annulment of a
marriage shall have no retroactive effect.
2. In cases 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, such
party shall return the property to the extent that he or she is still enriched
thereby.
3. Any party who was aware at the time of the marriage that a ground for its
annulment existed shall return the whole benefit which he or she has acquired by
reason of the marriage, and further if the other party acted bona fide, he or
she shall be liable in compensation for damages thereto.
(Ibid--application mutatis
mutandis of the provisions on divorce)
Article 749. The provisions of Articles 766 to 769 inclusive
shall apply mutatis mutandis to the annulment of a marriage.
Section 2 Effect of Marriage
(Surname)
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.
(Ibid--resuming prior surname)
Article 751. If either husband
or wife has died, the surviving spouse may resume the surname assumed by her or
him before the marriage.
2. The provisions of Article 769 shall apply mutatis mutandis in the case
mentioned in the preceding paragraph and Article 728 paragraph 2.
(Cohabitation and cooperation)
Article 752. Husband and wife
shall cohabit, and shall cooperate and aid each other.
(Attaining majority by
marriage)
Article 753. If a minor effects
a marriage, he or she shall be deemed, by reason thereof, to have attained
majority.
(Avoiding contract between
husband and wife)
Article 754. In cases 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; however, the rights of
third persons may not be prejudiced thereby.
Section 3 Matrimonial Property
System
Sub-Section 1 General Provisions
(Statutory property system)
Article 755. If 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.
(Contractual property
system--factor for setting up against)
Article 756. If husband and
wife have entered into a contract which differs in its terms from the statutory
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. deleted. ((28))
(Ibid--change)
Article 758. Property relations
between husband and wife cannot be changed after the notification of marriage.
2. If. in cases where one spouse manages the property of the other, such
property is imperiled by mismanagement, the other may apply to the Family Court
to be allowed to undertake the management thereof for himself or herself.
3. 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.
(Ibid--change of manager,
partition)
Article 759. In cases 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 2 Statutory Property
System
(Expenses of married life)
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.
(Liability of daily household
matters)
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. However, 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.
(Separate property, co-owned
property)
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.
2. 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 4 Divorce
Sub-Section 1 Divorce by Agreement
(Divorce by agreement)
Article 763. Husband and wife
may effect divorce by agreement. (Application mutatis mutandis of the provisions
on marriage)
Article 764. The provisions of Articles 738, 739 and 747
shall apply mutatis mutandis to a divorce by agreement.
(Notification of divorce)
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 and ordinances.
2. 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.
(Custody of children after
divorce)
Article 766. In cases father
and mother effect a divorce by agreement, the person who is 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 Family Court.
2. The Family Court may, if it deems necessary for the benefit of the children,
change the person to take the custody of them or order such other dispositions
as may be appropriate for the custody.
3. The provisions of the preceding two paragraphs shall not cause any change in
the rights and duties of father and mother outside the scope of the custody.
(Resuming prior surname)
Article 767. Husband or wife,
who has changed his or her surname by reason of marriage, resumes, by reason of
divorce by agreement, the surname assumed thereby before the marriage.
2. Husband or wife who has resumed the surname assumed thereby before the
marriage in accordance with the provision of the preceding paragraph may assume
the surname assumed at the time of divorce, by a notification as prescribed by
the Family Registration Law within three months from the day of divorce.
(Distribution of property)
Article 768. Husband or wife
who has effected divorce by agreement may demand the distribution of property
from the other spouse.
2. If no agreement is reached or possible between the parties with respect to
the distribution .of property in accordance with the provisions of the preceding
paragraph, any of the parties may apply to the Family Court for measures to take
the place of such agreement; however, this shall not apply after the lapse of
two years from the time of the divorce.
3. In the case mentioned in the preceding paragraph, the Family Court 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 distribution, taking into account
the sum of such property as is acquired by cooperation of the parties and all
other circumstances.
(Genealogical records, etc.)
Article 769. If husband or
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.
2. If no agreement mentioned 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 Family Court.
Sub-Section 2 Judicial Divorce
(Judicial divorce--causes)
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 un-chastity;
(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 mental disease and recovery
therefrom is hopeless;
(5) If there exists any other grave reason for which it is difficult for him or
her to continue the marriage.
2. Even in cases where any or all of the grounds mentioned in items (1) to (4)
inclusive of the preceding paragraph exist, the Court may dismiss the action for
divorce, if it deems the continuance of the marriage proper in view of all the
circumstances.
(Custody of children,
resumption of surname, distribution of
property, genealogical records, etc.)
Article 771. The provisions of Articles 766 to 769 inclusive
shall apply mutatis mutandis to judicial divorce.
CHAPTER III PARENTS AND CHILDREN
Section I Children of the Body
(Presumption of legitimacy)
Article 772. A child conceived
by a wife during marriage shall be presumed to be the child of the husband.
2. 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.
(Determination of paternity)
Article 773. If, in cases where
a woman who has remarried in contravention of the provisions of Article 733
paragraph I 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.
(Denial of legitimacy)
Article 774. In any case
mentioned in Article 772, the husband may deny that the child is legitimate.
(Ibid--action of denial)
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 cases there is no
mother who exercises parental power, the Family Court shall appoint a special
representative.
(Recognition of legitimacy)
Article 7 76. If, after it has
been born, the husband recognizes that the child is legitimate, he loses the
right of denial.
(Ibid--period to bring action
of denial)
Article 777. An action of
denial shall be brought within one year from the time when the husband became
aware of the child's birth.
(Ibid--major ward husband)
Article 778. In cases the
husband is a major ward, 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 for commencement of guardianship.
(Acknowledgment)
Article 779. A child who is not
legitimate may be acknowledged by its father or mother.
(Ibid--father or mother under
limited-ability)
Article 780. Father or mother,
even when he or she is a minor or a major ward, need not obtain the consent of
his or her legal representative in order to acknowledge a child.
(Ibid--manner)
Article 781. The acknowledgment
of a child is effected by giving notification thereof in accordance with the
provisions of Family Registration Law.
2. Acknowledgment may also be effected by means of will.
(Ibid--child of full age)
Article 782. A child of fhil
age cannot be acknowledged without his or her assent.
(ibid--child en ventre sa mere,
diseased child)
Article 783. A father may
acknowledge even a child en ventre sa mere. In this case the assent of the
mother shall be obtained.
2. Father or mother may acknowledge 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 shall be obtained.
(Ibid--retroactivity)
Article 784. Acknowledgment
shall be effective retroactively as from the time of birth; however, the rights
acquired by third persons prior thereto shall not be prejudiced thereby.
(Ibid--prohibition to revoke)
Article 785. Father or mother
who has effected acknowledgment cannot revoke such acknowledgment.
(Ibid--alleging adverse fact)
Article 786. A child or any
other person interested may allege any fact adverse to acknowledgment.
(Ibid--action for)
Article 787. A child or any of'
its lineal descendants or the legal representative of any of them can bring an
action for acknowledgment; however, this shall not apply after the lapse of
three years from the time when the father or mother died.
(Ibid--custody of child)
Article 788. The provisions of
Article 766 shall apply mutatis mutandis in cases where a father effects
acknowledgment.
(Ibid--status of legitimacy)
Article 789. A child
acknowledged by its father acquires the status of a legitimate child by reason
of the marriage of its father and mother.
2. A child acknowledged by its father and mother during the subsistence of theft
marriage acquires the status of a legitimate child as from the time of such
acknowledgment.
3. The provisions of the preceding two paragraphs shall apply mutatis mutandis
in cases where the child is already dead.
(Surname of child)
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.
2. An illegitimate child assumes the surname of its mother.
(Ditto--change)
Article 791. In cases where the
surname of a child differs from that of its father or mother, the child may,
with the leave of the Family Court, assume the surname of its father or mother
by giving notification in accordance with the provisions of the Family
Registration Law.
2. In cases where the surname of a child differs from that of its father or
mother by reason that its father or mother has changed the surname, assume the
surname of its father or mother only during a marriage of the father and mother
without the leave under the preceding paragraph, by giving notification in
accordance with the provisions of the Family Registration Law.
3. In cases where a child is under the age of fifteen, the legal representative
thereof may perform the acts under the preceding two paragraphs on behalf of the
child.
4. The minor child who has changed its surname in accordance with the provisions
of the preceding three paragraphs may, within one year from the day on which the
child attained majority, resume the former surname by giving notification in
accordance with the provisions of the Family Registration Law.
Section 2 Adoption
Sub-Section I Requisites for Adoption
(Competency to adoption)
Article 792. Any person who has
attained majority may adopt another.
(Prohibition to adopt ascendant
or older person)
Article 793. No ascendant or
person of older age may be adopted.
(Adoption of ward by guardian)
Article 794. A guardian shall
obtain the leave of the Family Court in order to adopt the ward (meaning a minor
ward and a major ward; hereinafter the same). 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.
(Adoption by person having
spouse)
Article 795. To adopt a minor
child, a person who has a spouse shall do it so jointly with the spouse.
However, this shall not apply in cases where a person adopts the legitimate
child of a spouse or where a spouse is unable to declare his or her intention.
(Ditto) (27)
Article 796. To effect adoptive
relation, a person who has a spouse shall obtain the consent of the spouse.
However, this shall not apply in cases where a person effects adoptive relation
jointly with a spouse or a spouse is unable to declare his or her intention.
(Adopting person under fifteen
years of age)
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.
2. To give the assent under the preceding paragraph, the legal representative
shall, if there are any others who are the parents of a person to be adopted and
should take his care and custody, obtain theft consent
(Adopting minor child)
Article 798. In order to adopt
a minor child, the leave of the Family Court shall be obtained; however, this
shah not apply when a person adopts any of the lineal descendants of his own or
of the other spouse.
(Adoption mutatis mutandis of
the provisions on marriage)
Article 799. The provisions of
Articles 738 and 739 shall apply mutatis mutandis to an adoption.
(Notification of adoption)
Article 800. The notification
of adoption may not be accepted unless the adoption does not contravene the
provisions of Articles 792 to the preceding Article inclusive and of other laws
and ordinances.
(Ibid in foreign country)
Article 801. In cases 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 Consul acting in that country. In this case the
provisions of Article 739 and the preceding Article shall apply mutatis
mutandis.
Sub-Section 2 Nullity and
Annulment of Adoption
(Nullity of adoption--causes)
Article 802. An adoption is
void only in the following cases:
(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; however, if the
notification only fails to fulfill the conditions prescribed in Article 739
paragraph 2, the validity of the adoption shall not be affected thereby.
(Annulment of adoption)
Article 803. An adoption cannot
be annulled except in accordance with the provisions of Articles 804 to 808
inclusive.
(Ditto-adoption by minor
parent)
Article 804. In the case of an
adoption which has contravened the provision of Article 792, an application for
its annulment may be made to the Court by the adoptive parent or his or her
legal representative. However, this shall not apply when six months have elapsed
or the adoptive parent has ratified it after he or she attained
majority.
(Ditto-adopting ascendant or
older person)
Article 805. In the case of an
adoption which has contravened the provision of Article 793, an application for
its annulment may be made to the Court by either party concerned or any relative
thereof.
(Ditto-adopting ward by
guardian)
Article 806. In the case of an
adoption which has contravened the provision of Article 794, an application for
its annulment may be made to the Court by the adopted child or any relative on
the side of its original family. However, this shall not apply when the adopted
child has ratified it or six months have elapsed after the accounts of the
management were completed.
2. The ratification is of no effect unless it is made after the adopted child
has attained majority or has received its capacity.
3. In cases where the accounts of the management have been completed before the
adopted child attains majority or recovers its capacity, the period specified in
the proviso to paragraph 1 shall be computed as from the time when the adopted
child has attained majority or has recovered its capacity.
(Ditto)
Article 806-2. In the case of
an adoption which has contravened the provision of Article 796, an application
for its annulment may be made to the Court by a person who has not given his
consent to the adoption. However, this shall not apply when six months have
elapsed or the person has ratified it after he came to know the adoption.
2. A person who has given the consent under Article 796 by fraud or duress may
make an application for annulment of the adoption to the Court. However, this
shall not apply when six months have elapsed or the person has ratified it after
he found the fraud or became free from the duress.
(Ditto)
Article 806-3. In the case of
an adoption which has contravened the provision of Article 797 paragraph 2, a
person who has not given his consent to the adoption may make an application for
its annulment to the Court. However, this shall not apply when the person has
ratified it, or when six months have elapsed or the adopted child has ratified
it after the child attained the age of fifteen.
2. The provision of paragraph 2 of the preceding Article shall apply mutatis
mutandis to the person who has given the consent under Article 797 paragraph 2 by
fraud or duress.
(Ditto--adopting minor child)
Article 807. In cases 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. However, this shall
not apply when six months have elapsed from the time when the adopted child
attained majority, or if it has ratified the adoption.
(Application mutatis mutandis
of the provisions on annulment of marriage)
Article 808. The provisions of
Articles 747 and 748 shall apply mutatis mutandis to an adoption; however, the
period specified in Article 747 paragraph 2 shall be six months.
2. The provisions of Articles 769 and 816 shall apply mutatis mutandis to the
annulment of adoption.
Sub-Section 3 Effect of Adoption
(Status of legitimacy)
Article 809. An adopted child
acquires, as from the day of adoption, the status of a legitimate child of the
parent by adoption.
(Surname)
Article 810. An adopted child
assumes the surname of the parent by adoption. However, this shall not apply
while a person who has changed the surname should assume the surname determined
at the time of marriage.
Sub-Section 4 Dissolution of
Adoptive Relation
(Dissolution by agreement)
Article 811. The parties to an
adoption may effect by agreement a dissolution of the adoptive relation.
2. If an adopted child is under fifteen years of age, dissolution of adoptive
relation may be effected by agreement between the parent by adoption and the
person who would become its legal representative after the dissolution of
adoptive relation of the adopted child.
3. If, in the case of the preceding paragraph, the father and mother of the
adopted child had effected divorce, one of them shall, by their agreement, be
determined to have the parental power after the dissolution of adoptive relation
of the adopted child.
4. If no agreement mentioned in the preceding paragraph is reached or possible,
the Family Court may render judgment in place of agreement on
application of the father or mother or the parent by adoption under the
preceding paragraph.
5. If there is no person to become the legal representative under paragraph 2,
the Family Court shall appoint a person to become the guardian for minors after
dissolution of adoptive relation of the adopted child on application of any of
the adopted child's relatives or of any other persons interested.
6. If, after the death of either party of adoption, a surviving party desires to
effect a dissolution of adoptive relation, the surviving party may effect it
with the leave of the Family Court.
(Ditto)
Article 811-2. If, in the case
of the adopters who are husband and wife, they effect a dissolution of the
adoptive relation with a minor, they should do it so jointly. However, this
shall not apply when one spouse is unable to declare his or her intention.
(Application mutatis mutandis
of the provisions on marriage, etc.)
Article 812. The provisions of
Articles 738, 739, 747 and Article 808 paragraph 1 proviso shall apply mutatis
mutandis to dissolution of adoptive relation by agreement.
(Notification of dissolution)
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,
Article 811 and Article 811-2, and of other laws and ordinances.
2. 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.
(Action for dissolution of
adoptive relation-causes)
Article 814. One of the parties
to an adoption can bring an action for dissolution of adoptive relation only in
the following cases:
(1) If such party has been deserted maliciously by the other;
(2) If it is unknown for three years or more whether the other is alive or
dead;
(3) If there exists any other grave reason for which it is difficult for such
party to continue the adoptive relation.
2. The provisions of Article 770 paragraph 2 shall apply mutatis mutandis in the
cases mentioned in any of items (1) and (2) of the preceding paragraph.
(Ditto--action by assenting
person)
Article 815. So long as an
adopted child has not fully attained
fifteen year oi age, an action for dissolution of adoptive relation
can be brought from or against the person who can, in accordance
with the provision of Article 811, make agreement with the parent
by adoption.
(Resumption of surname)
Article 816. An adopted child
resumes, by reason of dissolution of the adoptive relation, the surname assumed
thereby before the adoption. However, this shall not apply in cases where the
dissolution of adoptive relation has been effected against only one adopter who
adopted a child jointly with a spouse.
2. After the lapse of seven years from the date of the adoption, a person who
resumes the surname assumed before the adoption in accordance with the provision
of the preceding paragraph may, by giving notification in accordance with the
provisions of the Family Registration Law within three months from the date of
the dissolution of adoptive relation, assume the surname assumed at the time of
the dissolution of adoptive relation.
(Genealogical records, etc.)
Article 817. The provisions of
Article 769 shall apply mutatis mutandis in the case of dissolution of adoption.
Section Special Adoption
(Formation of special adoptive
relation) ((27))
Article 817-2. The Family Court
may, if there are requisites provided for in the following next Article through
Article 817-7, form an adoption to terminate the relationship with relatives of
blood on the side of a child's original family (hereinafter referred to as a
"special adoptive relation" in this Section) on application of a person to
become an adopter.
2. To make an application prescribed in the preceding paragraph, the leave under
Article 794 or Article 798 shall be dispensed with.
(Joint adoption by adopters)
Article 817-3. A person to
become an adopter shall be the one who has a spouse.
2. Either husband or wife may not become an adopter unless one spouse becomes an
adopter. However, this shall not apply when either husband or wife becomes an
adopter of the legitimate child of one spouse (excluding an adopted child by
adoptive relation other than a special adoptive relation).
(Age restriction of adopter)
Article 817-4. A person who
does not attain the age of twenty five may not become an adopter. However, this
shall not apply when, even though either husband or wife to become an adopter
has not attained the age of twenty five, such person has attained the age of
twenty.
(Age restriction of adoptee)
Article 817-5. A person who has
attained the age of six at the time of the application prescribed in Article
817-2 may not become an adopted child. However, this shall not apply in cases
where the person is under the age of eight and is placed under the care and
custody of a person to become an adopter continuously before attaining the age
of six.
(Consent of father and mother)
Article 817-6. In formation of
a special adoptive relation, the consent of the father and mother of a person to
be adopted shall be obtained. However, this shall not apply in cases where the
father and mother are unable to declare their intention or where there is cruel
treatment, malicious desertion by father and mother, or any other cause
seriously harmful to the benefits of a person to be adopted.
(Necessity of care)
Article 817-7. A special
adoptive relation shall, in cases where the care and custody of a person to be
adopted are difficult or unfit or there are special circumstances, if it is
recognized specially necessary for the benefits of a child, be formed.
(Trial period, etc. of care)
Article 817-8. To form a
special adoptive relation, the circumstances of which the care and custody of a
person to be adopted have been taken by a person to become an adopter for the
period of six months or more are considered.
2. The period under the preceding paragraph shall be computed from the time of
the application prescribed in Article 817-2. However, this shall not apply if
the circumstances of the care and custody before the application are clarified.
(Termination of relationship
between adopted child and its original family)
Article 817-9. The relationship
between an adopted child and its parents on the side of its original family and
their relatives of blood shall be terminated by a special adoptive relation.
However this shall not apply with respect to the relationship with the other and
its relatives prescribed in the proviso to Article 817-3 paragraph 2.
(Dissolution of adoptive
relation of adopted child by special adoption)
Article 817-10. In the case
falling under either of the following respective items, if it is recognized
specially necessary for the benefits of an adopted child, the Family Court may
have the parties concerned of a special adoptive relation dissolve the adoptive
relation on application of an adopted child, its natural parents, or a
procurator.
1. The fact that there is cruel treatment or malicious desertion by an adopter,
or other cause seriously harmful to the benefits of an adopted child;
2. The fact that the natural parents can take proper care and custody.
2. Dissolution of adoptive relation may not be effected except under the cases
prescribed in the preceding paragraph.
(Ditto--effect)
Article 817-10. Between an
adopted child and its natural parents and their relatives of blood, there arises
the same relationship as the relationship terminated by a special adoptive
relation from the day of the dissolution of adoptive relation.
CHAPTER IV PARENTAL POWER
Section 1 General Provisions
(Parental power)
Article 818. A child who had
not yet attained majority is subject to the parental power of its father and
mother.
2. If such child is an adopted one, it is subject to the parental power of its
parent by adoption.
3. While father and mother are in matrimonial relation, they jointly exercise
the parental power. However, if either the father or the mother is unable to
exercise the parental power, the other parent exercises it.
(Ibid--in cases of divorce,
recognition)
Article 819. If father and
mother have effected divorce by agreement, they shall determine one of them to
have the parental power by agreement.
2. In cases of judicial divorce the Court shall determine father or mother to
have the parental power.
3. If father and mother have effected divorce before the birth of child, the
parental power is exercised by the mother. However, the father and mother may
determine the father to have the parental power by agreement after the birth of
child
2. The parental power over a child recognized by its father shall be exercised
by its father, if and only if the father and mother determine the father to have
the parental power by their agreement.
5. If no agreement mentioned in any of paragraph 1, 3 or the preceding paragraph
is reached or possible, the Family Court may render judgment in place of
agreement on application of the father or mother.
6. The Family Court may, if it deems necessary for the benefit of a child,
transfer the parental power from one of parents to other on application of any
relative of the child.
Section 2 Effect of Parental
Power
(Custody and education)
Article 820. A person who
exercises parental power has the right and incurs the duty of providing for the
custody and of educating the child.
(Place of residence)
Article 821. A child shall
establish its place of residence in the place designated by the person who
exercises parental power.
(Chastisement)
Article 822. A person who
exercises parental power can, in so far as it is necessary, personally chastise
his or her child, or can, with the permission of the Family Court, place it in a
disciplinary institution.
2. The period for which a child is to be placed in a disciplinary institution
shall be determined by the Family Court within six months or less; however, such
period may be shortened by the Family Court at any time on the application of
the person who exercises parental power.
(Permission to occupation)
Article 823. A child may not
carry on an occupation unless with the permission of the person who exercises
parental power.
2. In cases of Article 6 paragraph 2 the person who exercises parental power may
revoke or restrict the permission mentioned in the preceding paragraph.
(Management of property,
representation)
Article 824. A person who
exercises parental power manages the property of a child and represents the
child on juristic acts concerning its property; in cases, however, where an
obligation is to be created having for its subject any act of the child, the
consent of the child itself shall be obtained.
(Ibid--exercising not jointly)
Article 825. In cases either
father or mother who shall exercise parental power jointly with the other has
performed a juristic act in place of the child or has given consent to its being
performed by the child, in the names of both of them, the validity of such act
shall not, even if it should be contrary to the intention of the other, be
affected thereby. However, this shall not, apply when the other party to such
act was acting mala fide
(Special representative)
Article 826. In respect of acts
in which the interests of father or mother who exercises parental power conflict
with those of his or her child, the person who exercises the parental power
shall apply to the Family Court for the appointment of a special representative
on behalf of the child.
2. In cases where a person who exercises parental power exercises the same over
two or more children, the provisions of the preceding paragraph shall, on behalf
of one party, apply mutatis mutandis in respect of acts in which the interests
of one child conflict with those of the other or others.
(Manner of exercising)
Article 827. A person who
exercises parental power shall exercise his or her right of management with the
same care as he or she uses when acting on his or her own behalf.
(Account of management)
Article 828. When a child has
attained majority, the person who has been exercising parental power shall
without delay render an account of the management; however, the expenses of the
maintenance of the child and of the management of the property on the one hand
and the profits of the child's property on the other shall be deemed to have
been set-off against each other.
(Ibid--exception)
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.
(Management of property
transferred by third person)
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.
2. If, in the case where neither 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 Family Court shall appoint one on the
application of the child, of any of its relatives or of a public procurator.
3. Even when the third person has designated a manager, it Shall be the same as
the preceding paragraph if, in cases where the powers of such manager have come
to an end or the appointment of another manager in his stead has become
necessary, the third person fails to appoint a manager anew.
4. The provisions of Articles 27 to 29 inclusive shall apply mutatis mutandis in
the cases mentioned in the preceding two paragraphs.
(Application mutatis mutandis
of the provisions on mandate)
Article 831. The provisions of
Articles 654 and 655 shall apply mutatis mutandis in cases where a person who
exercises parental power manages the property of the child, and also in the case
mentioned in the preceding Article.
(Extinctive prescription of the
right with respect to management)
Article 832. Any claim, 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 had
extinguished.
2. 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.
(Exercise of child's parental
power)
Article 833. A person who
exercises parental power exercises, in place of the child subjected to his
parental power, the parental power of such child.
Section 3 Loss of Parental Power
(Forfeiture of parental power)
Article 834. If father or
mother abuses parental power or is guilty of gross misconduct, the Family Court
may, on the application of any of the child's relatives or of a public procura
tor, adjudge the forfeiture of the parental power.
(Forfeiture of right of
management)
Article 835. If father or
mother who exercises parental power endangers by mismanagement the property of
his or her child, the Family Court may, on the application of any of the child's
relatives or of a public procurator, adjudge the forfeiture of the right of
management.
(Ibid--revocation)
Article 836. If the causes
mentioned in the preceding two Articles have ceased to exist, the Family Court
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.
(Declining and recovering
parental power and right of management)
Article 837. Father or mother
who exercises parental power may, where circumstances make it imperative,
decline the parental power or the right of management with the leave of the
Family Court.
2. If the circumstances mentioned in the preceding paragraph cease to exist,
father or mother may recover the parental power or the right of management with
the leave of the Family Court.
CHAPTER V GUARDIANSHIP
Section I Commencement of Guardianship
(Causes)
Article 838. Guardianship
commences 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 the adjudication for commencement of guardianship has been made.
Section 2 Organs of Guardianship
Sub-Section 1 Guardian
(Designated guardian of minor)
Article 839. The person who
last exercises parental power over a minor can designate a guardian for minors
by will; however, this shall not apply when such person has no right of
management.
2. If either father or mother who exercises parental power has no right of
management, the other parent may designate a guardian for minors in accordance
with the provisions of the preceding paragraph.
(Appointing a guardian for
minors)
Article 840. If there is no
person to be a guardian for minors under the provision of the preceding Article,
the Family Court shall, on the application of a minor ward, his/her relatives,
or any other persons interested, appoint a guardian for minors. The same shall
also apply in cases where a vacancy occurs in the position of guardian for
minors.
(Request for appointing a
guardian for minors by father or mother)
Article 841. If it has become
necessary to appoint a guardian for minors for the reason that a father or
mother has declined to exercise his or her parental power or to manage the
property, or that a father or mother has forfeited his or her parental power,
such father or mother shall, without delay, request the Family Court to appoint
a guardian for minors.
(The number of guardians for
minors)
Article 842. There cannot be
more than one guardian for minors.
(Appointing a guardian for
majority)
Article 843. When the Family
Court renders the adjudication for commencement of guardianship, it shall,
ex-officio, appoint a guardian for majority.
2. If a vacancy occurs in the position of guardian for majority, the Family
Court shall, on the application of a major ward, his/her relatives or any other
persons interested, or ex-officio, appoint a guardian for majority.
3. Even in the case where a guardian for majority is appointed, the Family Court
may, when it deems necessary, on the application of persons mentioned in the
preceding paragraph or of the guardian for majority, or ex-officio, appoint
another guardian for majority.
4. In appointing a guardian for majority, mental and physical condition as well
as state of livelihood and property of a major ward, occupation and career of a
person who becomes the guardian for majority as well as the presence of
beneficial interest between the major ward and the person (if the person who
becomes a guardian for majority is a juristic person, the kind and detail of its
business as well as the presence of beneficial interest between the juristic
person and its representative and the major ward), opinions of the major ward
and all other circumstances shall be taken into consideration.
(Resignation)
Article 844. A guardian may,
where any reasonable ground exists, resign his orifice with the leave of the
Family Court.
(Appointing a new guardian)
Article 845. If it has become
necessary to newly appoint a guardian for the reason that a guardian has
resigned his office, such guardian shall, without delay, make an application to
the Family Court for appointing a new guardian.
(Removal)
Article 846. If there is any
unjust act or gross misconduct done by a guardian, or any other ground for which
a guardian is unfit to perform the duties, the Family Court may remove such
guardian from the office on the application of a supervisor of guardian, a ward
or any of his/her relatives or of a public procurator, or ex-officio.
(Qualification)
Article 847. None of the
persons mentioned below may become a guardian.
(1) A minor;
(2) A legal representative, a curator or an assistant who has been removed by
the Family Court;
(3) A bankrupt;
(4) A person who brings or has brought an action against the ward, and the
spouse as well as any of the lineal relatives by blood of such person;
(5) A person whose whereabouts is unknown.
Sub-Section 2 Supervisor of
Guardian
(Designated supervisor of
guardian)
Article 848. A person who can
designate a guardian for minors can designate by will a supervisor of guardian
for minors.
(Appointed supervisor of
guardian)
Article 849. In cases where no
supervisor of guardian for minors is designated in accordance with the
provisions of the preceding Article, the Family Court may, ff it deems
necessary, appoint a supervisor of guardian for minors on the application of a
minor ward, any of his/her relatives or of a guardian for minors, or ex officio.
The same shall also apply in cases where a vacancy occurs in the position of a
supervisor of guardian for minors.
(Appointing a supervisor of
guardian for majority)
Article 849-2. The Family Court
may, if it deems necessary, on the application of a major ward, any of his/her
relatives or a guardian for majority, or ex officio, appoint a supervisor of
guardian for majority.
(Qualification)
Article 850. The spouse, the
lineal relatives by blood and the brothers and sisters of a guardian cannot
become a supervisor of guardian.
(Duties)
Article 851. The duties of a
supervisor of guardian are as follows:
(1) To supervise the conduct of the affairs by the guardian;
(2) In cases a vacancy occurs in the position of guardian, to apply to the
Family Court for the appointment of a guardian;
(3) To adopt such measures as may be necessary in cases where circumstances of
urgency exist;
(4) In respect of acts in which the interests of the guardian or any person whom
he represents conflict with those of the ward to represent the ward.
(Application mutatis mutandis
of the previsions on guardian)
Article 852. The previsions of Article 644, Article 654,
Article 655,
Article 843 paragraph 4, Article 844, Article 846, Article 847,
Article 859-2, Article 859-3, Article 861 paragraph 2 and Article 862 shall
apply mutatis mutandis to a supervisor of guardian.
Section 3 Functions of
Guardianship
(Survey of property,
preparation of inventory)
Article 853. A guardian shall
without delay enter upon a survey of the ward's property, and shall complete
such survey and prepare an inventory of such property within one month; however,
this period may be extended by the Family Court.
2. The survey of the property and the preparation of the inventory thereof are
of no effect unless conducted, in cases there is a supervisor of the guardian,
in the presence thereof.
(Authority before completing
preparation of inventory)
Article 854. Until having
completed the preparation of the inventory, a guardian has authority to do acts
of urgent necessity only; however, this cannot be set up against a bona fide
third person.
(Report to supervisor of
guardian on claim and obligation against ward)
Article 855. If, in cases where
a guardian possesses a claim as against, or is under an obligation towards, the
wards, there is a supervisor of the guardian, the guardian shall make a report
thereof to the supervisor of the guardian before entering upon the survey of the
property.
2. If a guardian, who is aware of the fact of possessing a claim as against the
ward, fails to make a report thereof, the guardian forfeits such claim.
(Ward's acquisition of property
by universal title)
Article 856. The provisions of
the preceding three Articles shall apply mutatis mutandis in cases where the
ward has acquired property by a universal title after the guardian has assumed
office.
(Authority of minor's guardian)
Article 857. The guardian for
minors has, with regard to the matters mentioned in Article 820 to 823
inclusive, the same rights and duties as a person who exercises parental power;
however, the guardian shah obtain the consent of the supervisor of guardian for
minors, any fi, 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 ward in a disciplinary institution, to permit it to carry on
business or to revoke or to restrict such permission.
(Obligation of a guardian for
majority to take into consideration)
Article 858. A guardian for
majority shall, in performing the business concerning the livelihood, medical
treatment and care and management of property of a major ward, respect
intentions of the major ward and take the mental and physical conditions and the
state of livelihood into consideration.
(Management of property and
representation)
Article 859. A guardian manages
the ward's property and represents the ward in juristic acts concerning the
latter's property.
2. The provisions of the proviso to Article 824 shah apply mutatis mutandis in
the case mentioned in the preceding paragraph.
(Several guardians for
majority)
Article 859-2. If there are
several guardians for majority, the Family Court may, ex officio, stipulate that
these several guardians for majority shah exercise their powers jointly or by
taking charge of a portion of their affairs.
2. The Family Court may, ex officio, cancel the stipulations under the provision
of the preceding paragraph.
3. If there are several guardians for majority, it shall be sufficient for a
third party to indicate its intention to one of them.
(Permission of the Family
Court)
Article 859-3. If a guardian
for majority intends, in place of a major ward, to perform sale, let, cancel the
lease, create a hypothec or adopt any other disposition of similar nature with
respect to a building furnished for the ward's use of residence or its area of
yards, such guardian for majority shah obtain permission of the Family Court.
(Special representative)
Article 860. The provisions of
Article 826 shall apply mutatis mutandis to the guardian; excepting, however,
cases where there is a supervisor of guardian.
(Estimation of expenditures)
Article 861. A guardian shall,
on assuming office, estimate the amount of money to be expended annually for the
livelihood, the education, the medical treatment and the care of the ward and
for the management of the property.
2. Expenses necessary for guardian's performing the affairs of guardianship are
defrayed out of the property of the ward.
(Remuneration)
Article 862. The Family Court
may allow reasonable remuneration to the guardian out of the ward's property,
taking into consideration of the financial capacity of the guardian and the ward
and other circumstances.
(Supervision of guardian's
functions)
Article 863. At any time, a
supervisor of guardian or the Family Court may demand a guardian to report the
guardianship affairs or to submit the inventory, or may investigate such affairs
or the state of the ward's property.
2. The Family Court may, on the application of a supervisor of guardian, of a
ward or any of the ward's relatives, or of any other persons interested, or of
its own motion, order such dispositions or other guardianship affairs as may be
necessary for the management of the ward's property.
(Consent of supervisor of
guardian)
Article 864. A guardian shall,
in cases there is a supervisor of guardian, obtain the consent in order to
conduct business or to do any of the acts mentioned in Article 12 paragraph 1 in
place of the ward, or to give consent to its performance by the minor ward;
however, this shah not apply to the receipt of capital.
(Ibid--effect in cases of no
consent)
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 mutatis mutandis.
2. The provisions of the preceding paragraph shall not preclude the application
of the provisions of Articles 121 to 126 inclusive.
(Acquiring by assignment of
ward's property)
Article 866. If a guardian has
acquired by assignment the ward's property or a third person's right as against
the ward, the ward may avoid the assignment. In this case the provisions of
Article 19 shall apply mutatis mutandis.
2. The provisions of the preceding paragraph shall not preclude the application
of the provisions of Articles 121 to 126 inclusive.
(Exercise of minor's parental
power)
Article 867. A guardian for
minors exercises parental power in place of a minor ward.
2. The provisions of Articles 853 to 857 inclusive and Articles 861 to the
preceding Article inclusive shall apply mutatis mutandis in the cases mentioned
in the preceding paragraph.
(Guardian possessing only the
right of managing property)
Article 868. In cases where the
person who exercises parental power does not possess the right of management,
the guardian for minors possesses only such powers as relating to the property.
(Application mutatis mutandis
of the provisions on mandate and parental power)
Article 869. The provisions of
Articles 644 and 830 shall apply mutatis mutandis to guardianship.
Section 4 Termination of
Guardianship
(Account of management)
Article 870. When the duties of
a guardian have terminated the guardian or the successor shall surrender an
account of the management within two months; however, such period may be
extended by the Family Court.
(Ibid--in the presence of
supervisor of guardian)
Article 871. The accounts of
the guardianship shall, in cases there is a supervisor of guardian, be made up
in the presence thereof.
(Avoidance of contract between
guardian and minor ward)
Article 872. Any contract
entered into between a minor ward and the guardian for minors or the 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 the
successor.
2. The provisions of Article 19 and Articles 121 to 126 inclusive shall apply
mutatis mutandis in the cases mentioned in the preceding paragraph.
(Interest on expended money)
Article 873. Money to be
returned by a guardian to the ward or by a ward to the guardian shah bear
interest as from the time when the accounts of the guardianship have been
completed.
2. If a guardian has expended the ward's money on his or her own behalf, such
money shall bear interest as from the time of the expenditure, and if there has
been any damage, the former is bound also to make compensation therefore.
(Application mutatis mutandis
of the provisions of mandate)
Article 874. The provisions of
Articles 654 and 655 shall apply mutatis mutandis to guardianship.
(Extinctive prescription of
claims in respect of guardianship)
Article 875. The prescription
provided for in Article 832 shall apply mutatis mutandis to claims which have
arisen in respect of guardianship as between the guardian or the supervisor of
guardian and the ward.
2. In cases where a juristic act has been avoided in accordance with the
provisions of Article 872, the prescription mentioned in the preceding paragraph
shall be computed as from the time of the avoidance.
CHAPTER V-II CURATORSHIP AND
ASSISTANCE
Section I Curatorship
(Commencement of curatorship)
Article 876. Curatorship shall
be commenced under the adjudication for commencement of curatorship.
Appointing a curator
Article 876-2.
1. The Family Court
shall, when it renders the adjudication for commencement of curatorship, appoint
a curator ex
officio.
2. The provisions of Article 843 paragraph 2 through paragraph 4 and Article 844
through Article 847 shall apply mutatis mutandis to curators.
3. With regard to any acts in which the interests of a curator or a person
representing the curator conflict with those of a person under curatorship, the
curator shah apply to the Family Court for appointing a temporary curator.
Provided that, the same shah not apply to the case where there is a supervisor
of curator.
Appointing a supervisor of
curator
Article 876-3. 1. The Family Court
may, if it deems necessary, on the application of a person under curatorship,
any of his/her relatives or his/her curator, or ex officio, appoint a supervisor
of curator.
2. The provisions of Article 644, Article 654, Article 655, Article 843
paragraph 4, Article 844, Article 846, Article 847, Article 850, Article 851,
Article 859-2, Article 859-3, Article 861 paragraph 2, and Article 862 shah
apply mutatis mutandis to a supervisor of curator. In this case, the words "to
represent the ward" in Article 851 item (4) shah be read "to represent the
person under curatorship or to agree that the person under curatorship does the
acts."
Granting the power of
representation to a curator
Article 876-4.
1. The Family Court
may, on the application of a person mentioned in the main body of Article 11, a
curator, or a supervisor of curator, adjudicate to the effect that the power of
representation is granted to the curator for the benefit of a person under curatorship in respect of specific juristic acts.
2. In rendering the adjudication mentioned in the preceding paragraph on the
application of any person other than the person in question, the consent of the
person in question shall be obtained.
3. The Family Court may, on the application of a person mentioned in paragraph
1, revoke the adjudication under the said paragraph in whole or in part.
Curator's obligation
Article 876-5. 1. The curator
shall, in performing the business of curatorship, respect the intentions of a
person under curatorship and
take the mental and physical conditions and the state of livelihood of the
person under curatorship into consideration.
2. The provisions of Article 644, Article 859-2, Article 859-3, Article 861
paragraph 2, Article 862 and Article 863 shall apply mutatis
mutandis to the business of curatorship, and the provision of the proviso of
Article 824 shall apply mutatis mutandis to the case where a
curator represents a person under curatorship on the basis of the adjudication
to the effect that the power of representation under paragraph 1 of the
preceding Article is granted to the curator.
3. The provisions of Article 654, Article 655, Article 870, Article 871 and
Article 873 shall apply mutatis mutandis to the case where curator's duties have
terminated, and the provision of Article 832 shall apply mutatis mutandis to any
claim arising as between a curator or a supervisor of curator and a person under curatorship with respect to curatorship.
Section 2
Assistance
Commencement of assistance
Article 876-6. Assistance shall
be commenced under the adjudication for commencement of assistance.
Appointing an assistant
Article 876-7. 1. The Family Court
shall, when it renders the adjudication for commencement of assistance, appoint
an assistant ex officio.
2. The provisions of Article 843 paragraph 2 through paragraph 4 and Article 844
through Article 847 shall apply mutatis mutandis to an assistant.
3. With regard to any acts in which the interests of an assistant or a person
representing the assistant conflict with those of a person under assistance, the
assistant shall apply to the Family Court for appointing a temporary assistant.
Provided that, the same shall not apply to the case where there is a supervisor
of assistant.
Appointing a supervisor of
assistant
Article 876-8. 1. The Family Court
may, if it deems necessary, on the application of a person under assistance, any
of his/her relatives or his/her assistant, or ex officio, appoint a supervisor
of assistant.
2. The provisions of Article 644, Article 654, Article 655, Article 843
paragraph 4, Article 844, Article 846, Article 847, Article 850/Article 851,
Article 859-2, Article 859-3, Article 861 paragraph 2, Article 862 shall apply
mutatis mutandis to a supervisor assistant. In this case, the words "to
represent the ward" in Article 851 item (4) shall be read "to represent the
person under assistance or to agree that the person under assistance does the
acts."
Granting the power of
representation to an assistant
Article 876-9. 1. The Family Court
may, on the application of a person mentioned in the main body of Article 14
paragraph 1, an assistant, or a supervisor of assistant, adjudicate to the
effect that the power of representation is granted to the assistant for the
benefit of a person under assistance in respect of specific juristic acts.
2. The provisions of Article 876-4 paragraph 2 and paragraph 3 shall apply
mutatis mutandis to the adjudication under the preceding paragraph.
Provisions applicable thereunder with the necessary modifications
Article 876-10. 1. The provisions
of Article 644, Article 859-2, Article 859-3, Article 861 paragraph 2, Article
862, Article 863, and Article 876-5 paragraph 1 shall apply mutatis mutandis to
the business of assistance, and the provision of the proviso of Article 824
shall apply mutatis mutandis to the case where an assistant represents a person
under assistance on the basis of the adjudication to the effect that the right
of representation under paragraph i of the preceding Article is granted to the
assistant.
2. The provisions of Article 654, Article 655, Article 870, Article 871 and
Article 873 shall apply mutatis mutandis to the case where assistant's duties
have terminated, and the provision of Article 832 shall apply mutatis mutandis
to any claim arising as between an assistant or a supervisor of assistance and a
person under assistance with respect to assistance.
CHAPTER VI SUPPORT
Person under duty to furnish
support
Article 877. The lineal
relatives by blood and brothers and sisters shall be under duty to furnish
support each other.
2. If there are special circumstances, the Family Court may impose a duty to
furnish support as between the relatives within the third degree other than
those mentioned in the preceding paragraph.
3. If, after the decision pursuant to the provisions of the preceding paragraph
had been rendered, any change has taken place in the circumstances, the Family
Court may revoke the decision.
Order of furnishing or
receiving support
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 concerned with respect to the order in
which they are to furnish support, such order shall be determined by the Family
Court. If, in cases 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 for above shall also
apply with respect to the order in which they receive support.
Extent and mode of support
Article 879. If no agreement is
reached or possible between the parties concerned with respect to the extent and
mode of support, the Family Court 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.
Alteration or revocation of
the order, extent and mode of support
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 persons entitled to receive support are to receive
support, or to the extent and mode of support, any change has taken place in the
circumstances, the Family Court may alter or revoke the agreement or the
decision.
Prohibition to dispose of the
right to be supported
Article 881. The right to be
supported cannot be the subject of disposition.
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