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BOOK IV 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. 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. 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) (27)
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) (27)
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) (34)
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) ((23))
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 776. 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) (34)
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) (34)
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 legal 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) (27)
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) (34)
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) (27)
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) (27)
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) O
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) (27)(34)
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) (27)
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) (27)
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 of 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)
((27))
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) Q
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 procurator, 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) (34)
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) (34)
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) (34)
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) (34)
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) (34)
Article 842. There cannot be more than one guardian for minors.
(Appointing a guardian for majority) (34)
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) (34)
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) (34)
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) (34)
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) (34)
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) (34)
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) (34)
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) (34)
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) (34)
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) (34)
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) (34)
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) (34)
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) (34)
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) (34)
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) (34)
Article 876. Curatorship shall be commenced under the
adjudication for commencement of curatorship.
(Appointing a curator) (34)
Article 876-2. 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) (34)
Article 876-3. 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) (34)
Article 876-4. 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) (34)
Article 876-5. 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 shah 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) (34)
Article 876-6. Assistance shall be commenced under the adjudication for
commencement of assistance.
(Appointing an assistant) (34)
Article 876-7. 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) (34)
Article 876-8. 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) (34)
Article 876-9. 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) (34)
Article 876-10. 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 to 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 ~mancial 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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