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DRAFT CHINESE CIVIL CODE
First Book
General Principles
Presented by the Ministry of Justice to the
Chief Executive of the Republic of China for
Promulgation on the 23rd Day of the 11th
Month of the 14th Year of the Republic (Nov.
23rd, 1925).
TRANSLATED AND PUBLISHED
BY THE
COMMISSION ON EXTRATERRITORIALITY
PEKING, FEBRUARY 1926.
CONTENTS
OF* THE
DRAFT CHINESE CIVIL CODE
First Book
GENERAL PRINCIPLES
(Arts. 1 to 223).
Page
First Chapter—Persons (Arts. 1 to 94)...... 1
First Title—Natural Persons (Arts. 1 to 26) 1
Second Title—Juristic Persons (Arts. 27 to 94) ... 7
First ParagraphGeneral Provisions (Arts. 27
"to 4^) • • • • • • • • • • • • • • • 7
Second Paragraph—Associations (Arts. 50
to 76) ••• ••• ••• ••• • • •
Third Paragraph—Foundations (Arts. 77 to
87) ... ....... ... 20
Fourth Paragraph一Foreign Juristic Persons
(Arts. 88 to 94) ...... 23
Second Chapter—Things. (Arts. 95 to 101) ... 25
Third Chapter—Juristic Acts (Arts. 102 to 186) ... 27
First Title一Disposing Capacity (Arts. 102 to 113) 27
ii
Page
Second Title一Declaration of Intention (Arts. 114
to 134). •• ••• ••• ••• ••• 30
Third Title一Contract (Arts. 135 to 146)......... 35
Fourth Title一Conditions, Limitation of Time
(Arts 147 to 153) ... … ... 39
Fifth Title一Agency (Arts. 154 to 173) ... 39
Sixth Title—Invalidity, Voidability, Approval and
Ratification (Arts. 174 to 186) ... ... 45
Fourth Chapter~Calculation of Time-limits (Arts. 187
to 195) •“ ••• ••• •“ ••• 48
Fifth Chapter―Extinctive Prescription (Arts. 196 to
223)… 50
DRAFT CHINESE CIVIL CODE
First Book
GENERAL PRINCIPLES r
First Chapter
PERSONS '
First Title
NATURAL PERSONS
Article 1. The legal capacity of a human being begins
with the completion of birth and terminates at the moment
of death.
Article 2. A fetus is considered as if he* were born
in respect to the protection of his special rights provided
that he was not subsequently born dead.
Article 3. A missing person after the declaration of
death is presumed to be dead.
Article 4. A missing person may be declared dead by
the Court upon the application of the interested persons if
for ten years no news has been received that he is alive.
^Whenever the masculine form of a word is used, it includes the
feminine, unless it is clear from the context that only the masculine
gender is intended.
2
A missing person who is an infant can only be declared
dead after he has reached the age of majority.
A missing person who is upwards of seventy years old
may be declared dead, if for five years no news has been
received that he is alive.
A missing person who has been in special peril of his
life may be declared dead, if for three years no news has
been received that he is alive.
In Sections 1 and 3 of this Article, the period is reckoned
from the following year after the latest news has been
received from the missing person, while in Section 4 there-
of, it is reckoned from the following year after the peril is
over.
Article 5. The date provided in the following Sub-Sec-
tions is the date of death to be fixed in the judgment for
the declaration of death, provided that the results of investiga-
tion do not prove to the contrary.
(1) In the cases provided for in Sections 1 to 3 of the
preceding Article, the date at which the declaration of death
may be made ;
(2) In the cases provided for in Section 4 of the
preceding Article, the date of the occurrence of the peril.
Article 6. The property of a missing person shall,
prior to the declaration of death, be administered in accordance
with the Regulations governing Non-contentious Matters.
3
Article 7. Jn the case of twin sons the order of seniority
shall be determined by the time of their birth.
Article 8. If several persons have perished in a com-
mon peril, it is presumed that they died simultaneously.
Article 9. Majority begins with the completion of the
twentieth, year of age.
Article 10. A minor who has not completed his seventh
year of age is incapable of disposing.
Article 11. A minor who is upwards of seven years
old is limited in disposing capacity.
Article 12. A person under any one of the conditions
provided for in the following Sub-Sections may be interdicted
by the Court upon the application of the person himself
his spouse or two of his nearest relatives:
(1) if in consequence of insanity, mental weakness or
morbid disturbance of mental activity he is unable to manage
his affairs;
(2) if by illness or other cause he is in a condition
of feeble-mindedness and is thereby hardly able to manage
his affairs ;
(3) if by prodigality he exposes himself or his family
to the danger of want.
The interdiction shall be revoked if the cause thereof
disappears.
4
Article 13, A person interdicted .under Sub-Section lr
Section 1 of the preceding Article is incapable of disposing;
while those interdicted under Sub-Sections 2 and 3 thereof
are limited in disposing capacity.
Article 14. A minor who has not completed his seventh
year of age is incapable of being held responsible for any
damage done by him.
A minor who is upwards of seven years old or an
old person who is upwards of seventy years old is incapable
of being held responsible for any damage done by him, if
he at the time of committing the damaging act did not have
the understanding necessary for realising his responsibility.
The preceding Section applies mutatis mutandis to the
damaging act committed by a person interdicted under
Sub-Section 2, Section 1 of Article 12.
Article 15. A person who commits a damaging act
in a condition of unconsciousness, or in a condition of
morbid disturbance of the mental activity is incapable of
being held responsible therefor, except where he has brought
himself into such a condition by excessive drinking or other
similar causes.
Article 16. No person shall be allowed to waive his
legal capacity and disposing capacity.
Article 17. No person shall be allowed to waive his
liberty, or restrict his liberty in a manner contrary to law
or good manners.
5
Article 18. A person who sustains an injury to any
Tight emanating from his personality may apply for the
removal of the injury.
Under the above circumstances, damages or solatium
may be claimed where special provision is made by law.
Article 19. A person who sustains an injury to the
right to the use: of his name may bring an action for the
removal of the injury and for the payment of damages.
Article 20. A person who is afraid of sustaining an
injury to the right to the use of his name may apply for
•an injunction for the prevention of the injury and for a
guarantee for the payment of damages, if any.
Article 21. A person who resides in a place with the
intention to remain permanently establishes his domicile at
寸hat place.
A person may not have more than one domicile at one
and the same time.
Article 22. Domicile is lost if residence is discontinued
with the intention of abandoning it.
Article 23. If a person’s domicile is unknown or if he
has no domicile in China, his residence is deemed to be' his
domicile, unless it is otherwise provided for in the Rules
for the Application of Laws regarding the lex domicilii.
6
Article 24. If a person has chosen a residence for a
special purpose, the residence is deemed to be his domicile
for this purpose.
Article 25. The place of origin is determined by the
place of. domicile, unless the place of origin is to be retained*
during the stay at the place of domicile.
.Article 26. If a person’s place of origin is unknown
the latest place of origin of his father or that of his grand
father is his place of origin. If the place of origin of his
father or that of his grandfather is also unknown and he
himself has no domicile or his domicile is unknown, his
residence is his place of origin.
1
Second Title
JURISTIC PERSONS
First Paragraph
GENERAL PROVISIONS
Article 27. An association or a foundation whose object
is for public welfare acquires juristic personality by a grant
from the competent authorities.
Article 28. An association or a foundation whose object
is not for public welfare acquires juristic personality by
making a constitution and expressing the intention to form
a body corporate, subject to the condition that its object
shall not be contrary to law or good manners.
Article 29. An association whose object is profit-making
acquires juristic personality in accordance with provisions of
special laws.
Article 30. A juristic person has the capacity to enjoy
all rights and assume all obligations which do not appertain
to a natural person exclusively.
Article 31. A juristic person has the capacity to exer-
cise civil rights from the moment when an organ or organs are
established which the law and the constitution of such organ
or organs require.
8
Article 32. A juristic person is liable to pay damages
for any damage done to another person by its organ in
the performance of its duties. Besides, the wrong-doer
himself is personally responsible for committing the dama-
ging act.
Article 33. The domicile of a juristic person is the
place where it has its principal office.
Article 34. A juristic person is under an obligation to
do the following acts :—
(1) At the time of its formation it shall register itself
at each place where its office is situated. The same rule
applies in case of any alteration in the registered matters.
(2) At the time of its formation as well as at the end
of its business term, an inventory of its property shall be
prepared and deposited at each office. If no business term
has been fixed, the inventory shall be prepared within the
first three months of each year.
(3) An association shall prepare a register of members
to be deposited at its principal office. In case of any
alteration, corrections shall be made from time to time.
Article 35. A juristic person can not set up a defence
against a third party for unregistered matters or subsequent
unregistered changes of registered matters, which should
have been registered.
Article 36. On the dissolution of a juristic person, its
9
assets devolve upon the local public institution of the place of
its domicile, unless it is otherwise provided in its constitution,
or in the resolution of the General Meeting of Members.
The saving clause in the preceding Section is not ap-
plicable to the case where the juristic person is dissolved
by the Court on the ground that its object is contrary to
law or good manners.
Article 37. Except in the case of dissolution by bank-
ruptcy, the assets of a juristic person are to be liquidated
in accordance with the provisions of the following nine
Articles.
Article 38. Unless it is otherwise provided in the
constitution or in the resolution of the General Meeting of
Members, the liquidation is to be effected by the directors.
Article 39. When there is no person to act as liquidator
as provided for in the preceding Article, or when a liquidator
is wanting and damage is apprehended in consequence, the
Court may appoint liquidators upon the application of an
interested party.
The liquidators provided for in the preceding Section
may, for serious cause, be dismissed by the Court.
Article 40. The provisions applicable to directors apply
mutatis mutandis to liquidators, unless there are in this
paragraph special provisions to the contrary or unless a
contrary intention appears from the object of the liquidation.
10
Article 41. The functions of the liquidators are as
follows :—
(1) To wind up pending business ;
(2) To collect claims and pay debts;
（3） To deliver the remaining assets to the persons
entitled thereto.
Liquidators may do all acts necessary for the discharge
of all the functions mentioned in the above three Sub-
Sections of the preceding Section.
The (dissolved) juristic person is deemed to continue
in existence in so far as it is necessary within the scope and
until the completion of the liquidation.
Article 42. Liquidators shall register their names, do-
miciles as well as the cause and date of the dissolution
of the juristic person at each place where its office is
situated ‘
Article 43. At the time of the registration of the dis-
solution of a juristic person in accordance with the preceding
Article, the liquidators shall request the Court at each place
where it has its office to make public notification whereby
the creditors are invited to present their claims.
Article 44. Liquidators shall invite known creditors by
separate special communications.
Article 45. The remaining assets of the juristic person
11
may not be delivered to the persons entitled thereto before
the expiration of one year after the public notification of its
dissolution.
If a creditor presents his claim after the expiration of
the above-mentioned period, he can only demand payment
out of the balance of the assets not yet delivered io the
persons entitled thereto. But in the case of a known creditor
the full amount of his claim shall be lodged by the liqui-
dators, although he has not presented his claim.
When a debt is not yet due, or when it is impracticable
to lodge the subject matter of a matured debt, or when its
lodgment is contested, the remaining assets may not be
delivered to the persons entitled thereto until after security
has been given to the creditor.
Article 46. When the assets of a juristic person are
insufficient to meet its liabilities, the liquidators shall apply
for a declaration of bankruptcy.
The duties of the liquidators terminate as soon as
they have delivered their affairs to the Bankruptcy Admin-
istrator.
Article 47. The dissolution and liquidation of a juristic
person are to be supervised by the Court.
The Court may from time to time make inspections
necessary for the supervision.
Article 48. If the liquidators have neglected to make
12
registration, or to apply for a declaration of bankruptcy, or
to apply for a public notification, or to address a special
communication, or have made false statements in the ap-
plication for public notification, or have disobeyed the order
of the supervising Court, or have obstructed the inspection
by the Court, they are liable to a fine of from 5 to 500
Yuan.
Article 49. If the liquidators have neglected to apply
for a public notification, or for a declaration of bankruptcy,
or to address a special communication, or if they have,
without having paid those debts which ought to have been
paid, delivered the remaining assets of the juristic person to
persons entitled thereto in contravention of the time-limit
prescribed by law, or in default of the lodgment of security,
or on account of negligence, thereby causing damage to the
creditors of the juristic person, they shall be jointly liable
vis-a-vis such creditors for the payment of damages.
Second Paragraph
ASSOCIATIONS
Article 50. The founders of an association shall draw
up a Constitution for its formation, which shall contain the
following particulars
1. The object;
2. The name ;
13
3. Provisions relating to the composition of the
directorate aud the appointment and dismissal of directors;
4. The essential conditions under which the General
Meeting of Members shall be called, its procedure, and the
authentication of its resolutions;
5. Provisions concerning the contributions of the
members;
6. Provisions concerning the acquisition and loss of
membership;
7. The site of the office.
Article 51. Upon the formation of an association, it
shall register the following particulars:一
1. The object;
2. The name;
3. The principal and branch offices;
4. The names and domiciles of the directors;
5. The total amount of the assets;
6. The date of grant for formation, if its formation
should have been granted;
7. If the method of contributing property is fixed, such
method;
8. If the power of the director to represent the associa-
tion is limited, such limitation;
14
9. If the period of duration is fixed, such period.
Article 52. The constitution of the organs of an associa-
tion and the relation of the association With its members
may be determined in the'cbnstitution by its founders, provided
that nothing therein shall contravene the provisions of the
following nineteen articles.
Article 53. The General Meeting of Members of an
association is the organ in which lies the supreme power of
the association.
This General Meeting is to be called by the directors.
The General Meeting shall be called in accordance with
the provisions of the constitution, or whenever the interest
of the association requires it; but if over one-tenth of the
members request the directors to call a General Meeting
specifying the object of the meeting and the reasons for its
convocation, the latter shall call one accordingly.
If no general meeting is called by the directors within
two weeks after the receipt of the above request, the members
who have made the request may call one upon the authorisa-
tion of the Court.
Article 54. The General Meeting appoints directors,
excludes members, makes alteration in the constitution, and
decides upon all affairs which shall not be entrusted to
other organs.
The General Meeting has the power to supervise
over the acts of the directors and other officers and may
15
dismiss them at any time without prejudice however to their
claims arising out of their contractual rights.
Article 55. Unless it is specially provided in this Code,
a resolution of the General Meeting is adopted by a majority
vote of the members present.
The General Meeting shall pass resolution only upon
those matters previously notified at the time of convocation;
provided that, if there are special provisions in the constitution,
matters may be brought up for decision without previous
notice.
A resolution is also valid without a General Meeting,
if all the members declare in writing their consent to the
resolution.
Article 56. A resolution involving an alteration in the
constitution of an association can be passed only by a
majority vote of two-thirds of all the members. But no
resolution shall be passed for an alteration in the object
for which the association was formed.
If an association whose juristic personality is acquired
by grant makes an alteration in its constitution, the altera-
tion shall be made through the permission of the competent
authorities except in the cases of the increase or diminution
in the number of offices or their removal.
Article 57. The directors of an association are to be
appointed by the General Meeting.
16
Article 58. The directors represent the association ex-
ternally for all acts relating to the affairs of the associaton.
The provisions applicable to the authority of representa-
tion of a statutory agent apply mutatis mutandis to the
authority of representation of the directors.
The authority of representation of the directors may
be restricted by the constitution.
Article 59. The directors manage the affairs of the
association.
The provisions applicable to mandate apply mutatis
mutandis to the management of affairs by the directors.
Article 60. If the directorate consists of several persons, all
questions relating to the management of the affairs of the as-
sociation are to be decided by a majority vote of the directors.
But if a declaration of intention is required to be served
upon an association, it is sufficient if it is served upon one
of the directors.
If there is a vacancy in the number of directors as.
required by the constitution, other director or directors may
perform the duties in his stead until the vacancy is filled.
But if there is no other director or if it is feared that the
delay in filling the vacancy might thereby cause damage
the Court may appoint a. temporary director upon the
application of an interested party.
17
Article 61. During the existence of an association the
directors are responsible for making an application for
registration or a declaration of bankruptcy, for keeping a
register of its members, and for preparing an inventory
of its assets.
Directors who have neglected to act in compliance
with the preceding Section, or who have acted improperly,
or who have disobeyed a supervising order or obstructed
an inspection of the competent authorities are liable to a
fine of from 5 to 500 Yuan.
Article 62. Directors who have neglected to make
registration as to the formation of the association or to apply
for a declaration of bankruptcy thereby causing damage
to a third party are jointly responsible for the payment
of damages.
Article 63. Members may withdraw from the associa-
tion at any time, unless it is provided in the constitution
that withdrawal is permissible only at the end of the business
term, or not until the expiration of a fixed period after
previous notice.
The period provided for in the preceding Section may not
exceed one year.
Article 64. A member may be dismissed by the as-
sociation for a proper cause The causes of dismissal may
be defined in the constitution.
Article 65. Membership is not transferable.
18
Article 66. Special rights of a member may not be
infringed upon by a resolution of the General Meeting except
with the consent of such member.
Article 67. Members have equal votes at the General
Meeting unless it is otherwise provided in the constitution
of an association whose object is not for public welfare.
Article 68. A member may not, at the General Meeting,
vote upon any resolution which relates to a juristic act or
a legal dispute between himself or his spouse, or his near
relative and the association.
Article 69. Unless it is otherwise provided in the
constitution, contributions are to be shared in equal proportion
among the members.
Article 70. A retired or dismissed member has no
right to demand his share of the property of the association
unless it is otherwise provided in the constitution of an
association whose object is not for public welfare.
The above-mentioned member is still liable for his share
of the contributions undertaken before his retirement or
dismissal.
Article 71. When a resolution passed by the General
Meeting is contrary to law or ordinance or the constitution
of the association, any member who has not assented thereto
may apply to the court for declaring the resolution null
and void.
19
An application as mentioned above must be made within
one month beginning with the date of the knowledge of
such resolution, but shall not be made upon the expiration
of three months beginning with the date of such resolution.
Article 72. If an association is formed by grant, its
business is under the supervision of the competent authorities.
Th^ competent authorities may at any time examine
into the business of the association and the state of its
property.
Article 73. An association may be dissolved at any time
by a resolution carried at its General Meeting.
A resolution of dissolution may be passed only with
the consent of three-fourths or more than three-fourths of
the total number of members of the association, unless the
constitution provides otherwise.
Article 74. An association is dissolved ipso jure, under
any one of the following circumstances :一
1. By the happening of any cause of dissolution
specified in the Constitution;
2. By the completion or the impossibility of completion
of theã€undertaking which forms the object of the associa-
tion ;
3. By the decrease in membership until when there
remains only one member :
20
4. By bankruptcy.
Article 75. If an association has contravened the con-
ditions under which the permission for its formation has
been granted，it is dissolved by the cancellation by the
competent authorities of the permission for formation.
Article 76. If the object of an association, or an act
done by it, is contrary to law or good manners, or if it
has done anything beyond the scope of its object, the court
may declare the dissolution of the association upon the
institution by the competent authorities, or the public pro-
curator, or an interested party of an action to that effect.
Third Paragraph
FOUNDATIONS
Article 77. The founders of a foundation shall draw
up in writing an Act of Endowment except in the case of
donation by will which may be made orally.
The Act of Endowment shall at least specify the 'object
of the foundation and the property donated.
Article 78. The heir or creditor of the founder may
revoke the donation according to the provisions relating to
the causes for the revocation of a gift.
21
Article 79. Upon the formation of a foundation, it
:shall register the following particulars :一
1. The object;
2. The name;
3. The principal and branch offices ;
4. The names and domiciles of the directors;
5. The total amount of the assets ;
6. The date of grant for formation, if such grant is
necessary;
7. If the power of the director to represent the foun-
dation is limited, such limitation ;
8. If the period of duration is fixed, such period.
Article 80. The organization of the organs of a found-
ation and the methods of administration are to be regulated
by the founder of the foundation in the Act of Endowment.
If the organization as provided in the Act of Endow-
ment is imperfect or if there are therein insufficient indica-
tions of the important points as regards the method of
administration, the Court may, on the application of any
interested party, take whatever steps may be necessary.
Article 81. When a foundation is formed by grant, its
business is subject first to the supervision of the local body
of the locality where it has its domicile, and, secondly, to
22
the supervision of the competent authority by which the
permission for creation was grafted. '
The competent authority and the local body may at
any time examine into the business of the foundation and
the state of its property.
Article 82. For maintaining the object of the founda-
tion or for preserving its property, the Court may modify
the organization of such foundation on the application of
the competent authority, or the local body, or the founder,
or any interested party. •
Article 83. If the change of circumstances has made
xhe object of a foundation obviously contrary to the original
intention of the founder, the court may change the object
or organization of such foundation on the application of the
competent authority, or the local body, or the founder, or
any ' interested party.
Article 84. During the existence of a foundation the
directors are responsible for making an application for
registration or a declaration of bankruptcy and for preparing
ar inventory of its assets.
Directors who have neglected to act in compliance with
the preceding Section, or who have acted improperly, or
who have disobeyed the supervising order or obstructed the
inspection of the competent authority or the local body
are liable to a fine of from 5 to 500 Yuan.
23
Article 85. Directors who have neglected to make
registration as to the formation of the foundation or to
apply for a declaration of bankruptcy thereby causing
damage to a third party are jointly responsible for the
payment of damages.
Article 86. A foundation is dissolved ipso jure under
any one of the following circumstances:——
1. By the happening of any cause of dissolution
specified in the Act of Endowment;
2. By the completion or the impossibility of completion
of the undertaking which forms the object of the foundation;
3. By bankruptcy.
Article 87. If the object of a foundation was, or has on
account of the change of circumstances turned out to be,
contrary to law or good manners, the court may declare the
dissolution of such foundation upon the institution by the
competent authority, or the local body, or the public
procurator, or any interested party of an action to that effect.
Fourth Paragraph
FOREIGN JURISTIC PERSONS
Article 88. With the exception of Foreign States, the
administrative divisions of Foreign States, and foreign
24
companies, the existence of foreign juristic persons is not
recognized unless they be specially recognised by Law or
Treaty.
Foreign juristic persons whose existence is recognised
possess the same legal capacity and disposing capacity as
Chinese juristic persons of the same nature, with the exception,
however, of such rights as are withheld from the former
either by law or by treaty as well as those withheld from
aliens in general.
Article 89. The provisions in Sub-Section 1 of Article
34，Article 35, Article 51 and Article 79 apply mutatis
mutandis to a foreign juristic person which has established
an office in China.
Article 90, When a foreign juristic person for the first
time establishes an office in China, a third party may not
recognize its existence before it has registered itself at the
place where it has established its office.
Article 91. When a foreign juristic person establishes
an office in China, it shall appoint an agent to reside in
China and to represent the juristic person externally for
the transaction of all of its business.
Article 92. The provisions of Article 61, Article 62,
Article 84 and Article 85 apply mutatis mutandis to
the agent of a foreign juristic person.
Article 93. If b foreign juristic person acts contrary to
law or good manners, or has done anything beyond the
25
scope of its object, the court may cause the office of such
foreign juristic person to be closed upon the institution by
the public procurator or any interested party of an action
to that effect.
Article 94. When a foreign juristic person whose existence
has not been recognized enters into a juristic act with a
third party in the name of the juristic person, the persons
who have entered into this act shall be jointly responsible
therefor.
Second Chapter
THINGS
Article 95. Things are corporeal objects.
Natural forces which are susceptible of appropriation
in law are deemed corporeal objects.
Article 96. Immovables are land and buildings.
Article 97. The essential component parts of a thing
are those which cannot be separated from one another
without changing the nature of the thing or destroying
the thing.
The essential component parts of a thing alone, cannot
be taken as the object of real rights.
26
Article 98. The essential component parts of an
immovable are things which are firmly affixed thereto,
or the products of the immovable so long as they are
not separated therefrom, or which are permanently attached
to or connected with the immovable.
Seeds upon being sown, a plant upon being planted,
respectively constitute essential component parts of the
immovable.
Things which are attached to or connected with an
immovable only for temporary purpose do not constitute
its component parts.
Article 99. Accessories are things which, without being
component parts of the principal thing, are intended to
serve the purpose of the principal thing and belong to
the same owner. But this rule is not applicable if there
is a special custom prevailing in trade.
The disposal of the principal thing affects its ac-
cessories.
Article 100. Natural fruits are the produce reaped in
the productive use of the thing.
Juristic fruits are the produce reaped by virtue of a
legal relation.
Article 101. A person who is entitled to receive the
natural fruits of a thing receives them upon their separa-
tion from the thing during the existence of his right
27
A person who is entitled to receive the juristic fruits
of a thing receives them in proportion to the number of
days during which his right exists，
Third Chapter
JURISTIC ACTS
First Title
DISPOSING CAPACITY
Article 102. The declaration of intention of a person
incapable of disposing is void. A declaration is also void
which is made by a person who, though not incapable
of disposing, is in a condition of unconsciousness or
morbid disturbance of the mental activity.
Article 103. The statutory agent of a person incapable
of disposing makes or receives a declaration of intention
in his behalf.
Article 104. The declaration of intention of a person
limited in disposing capacity requires the approval of his
statutoiy agent or guardian, unless in the case of the mere
acquisition of a legal advantage.
Article 105. If a person limited in disposing capacity
enters into a contract without the approval of his statutory
agent or guardian, the contract shall be enforced only upon
its ratification by the statutory agent or guardian.
28
Article 106. The other party to the contract may- fix
a period of at least one month and demand the statutory
agent or guardian to answer definitely whether or not he
ratifies.
If the statutory agent or guardian does not give
definite answer within the above-mentioned period the
ratification is deemed to have been refused.
Article 107. When the cause for which a person’s
disposing capacity is limited has disappeared, his ratification
has the same validity as that of his statutory agent or
guardian.
The provisions of the preceding Article apply mutatirs
mutandis to the case provided for in the preceding Section.
Article 108. Before ratification of the contract the other
party is entitled to revoke it, except where he knew, at the
time it was entered into, that the approval had not been
given.
Article 10S. A unilateral juristic act which the person
limited in disposing capacity enters into without the approval
of his statutory agent or guardian is void, unless the other
party is aware that it was not approved or voluntarily waits
for the ratification in future by his statutory agent or guardian
or the person himself.
The provisions of Articles 105 to 107 apply mutatis
mutandis to the case provide for in the preceding Section.
29
Article 110, If a person limited in disposing capacity
has employed any trick so as to induce others to believe
that he is capable of disposing, or that the approval of his
statutory agent or guardian was obtained, the statutory agent
or guardian may not refuse to ratify the contract or unilateral
juristic act, as the case may be.
Article 111. If the statutory agent or guardian of a
person limited in disposing capacity has authorised the latter
to dispose of a certain property, either for a fixed object
previously specifed or otherwise, such person has disposing
capacity in so far as the said property is concerned.
Article 112. If the statutory agent or guardian of a
person limited in disposing capacity has authorised the latter
to carry on a business independently, such person has full
capacity in so far as the said business is concerned.
The authorization may be revoked or restricted by the
statutory agent or guardian, if the person limited in dispos-
ing capacity proves himself to be incapable of carrying on
the business thus authorised.
Article 113. If the statutory agent or guardian of a
person limited in disposing capacity has authorised the lat-
ter to enter into the service or employment of another
person, he then has the full capacity to do such acts as
relate to the entry into or the cessation of the relation of
service or employment.
30
The provisions of the second Section of the preceding
Article apply mutatis mutandis to the case provided for
in the preceding Section.
Second Title
DECLARATION OF INTENTION
Article 114. A declaration of intention is not void by
reason of the fact that the declarant did not intend to make
the declaration; provided that such declaration is void if
made to a person who is aware of such circumstance.
Article 115. A declaration of intention not seriously
intended, which is made by the declarant in the expectation
that it will be understood not to be seriously intended, is
void.
Article 116. When a declarant, acting in collusion with
the other party, makes a fictitious declaration of intention,
the declaration is void, but the fact of its being void cannot
be set up against a bona fide third party.
If some other juristic act is implied in the fictitious
declaration of intention, such implied act is still valid.
Article 117. A person who, when making a declara-
tion of intention, was under a mistake as to its purport
may avoid the declaration. A mistake concerning any
31
characteristics of the person or thing which are regarded in
ordinaiy dealings as essential is also a mistake concerning
the purport of the declaration，
The provision of the preceding Section applies mutatis
mutandis to the case where the declarant would not have
made the declaration if he had been aware of the state of
affairs.
Article 118. A declaration of intention which has been
incorrectly transmitted by the person employed for its
transmission may be avoided under the provision of Section
1 of the preceding Article.
Article 119. In the cases provided for in the preced-
ing two Articles the avoidance shall be made without delay
after the person entitled to avoid has obtained knowledge of
the grounds for avoidance.
The right of avoidance is barred if three years have
elapsed since the making of the declaration of intention.
Article 120. If a declaration of intention is void under
Article 115，or avoided under Articles 117 and 118，the
declarant shall compensate the other party or any third party
for any damage which the other party or the third party
has sustained by relying upon the validity of the declaration,
unless the injured party knew of, or had the means of
knowing, the ground on which the declaration was void or
voidable.
32
Article 121. A person who has been induced to make
a declaration of intention by fraud or by threats may avoid
the declaration. But if the fraud was committed by a third
party, avoidance may be made only if the other party knew
thq fraud or had the means of knowing it.
The avoidance of a declaration of intention on account
of fraud can not be set up against a bona fide third
person.
Article 122. The avoidance of a declaration of inten-
tion voidable under the preceding Article shall be made by
the person entitled to avoid within the period of one year
from the moment of the discovery of the fraud or the cessa-
tion of the coercion.
The right of avoidance is barred if ten years have
elapsed since the making of the declaration of intention.
The provisions of Article 215 to Article 217 apply
mutatis mutandis to the running of the period mentioned
in the first Section of this Article.
Article 123. A juristic act which is contrary to a
statutory prohibition is void, unless it is otherwise provided
by law.
Article 124. A juristic act which is contrary to good
manners is void. …
33
Article 125. A juristic act is void if a person, (profit-
ing by the difficulties, indiscretion or inexperience of another,
causes the act to be done in such a manner that, having
regard to the circumstances, the unfairness is obvious，
Article 126. If a juristic act is contraiy to a statutory
prohibition or a judgment against alienation which aims at
the protection of particular persons, it is void, unless the
person benefited by such alienation, due to no fault on his
part, is unaware of the fact.
Article 127. A juristic act which is not in the form
prescribed by law is void.
Article 128. A juristic act which is not in the form
prescribed by contract is void, unless it is otherwise agreed
upon between the parties.
Article 129. A declaration of intention inter praesentes^
becomes effective at the moment when the person to whom
the declaration is made understands it.
Article 130. A declaration of intention inter absentee
becomes effective at the moment when the notification of
the declaration reaches the person for whom it is intended,
except in the case where the notification of its revocation
has reached him previously or reaches him simultaneously.
The effect of the declaration is not affected by the
fact that the declarant dies or becomes incapable of disposing，
34
or is limited in disposing capacity after the issuance of
the notification of the declaration，
Article 131. If a declaration of intention is made to a
person incapable of disposing or limited in disposing capa-
city, it shall be made to the statutory agent or guardian.
But if a declaration of intention merely brings a legal
advantage to a person limited in disposing capacity, or if
the statutory agent or guardian has authorised him to receive
it, the declaration may be made to the person limited in
•disposing capacity.
Article 132. The notification of a declaration of inten-
tion may be effected by its being served by a process-server
m accordance with the provisions of the Regulations relating
to Civil Procedure.
Article 133. If a declarant, due to no iault on his part,
is ignorant of the name and residence of the person to whom
the declaration is to be made, the notification of such declara-
tion may be effected by service by public notice in accordance
with the provisions in the Regulations relating to Civil
Procedure governing service by public notice.
Article 134. In the interpretation of a declaration of
intention the true intention is to be ascertained without
regard to the literal meaning of the expression.
35
Third Title
CONTRACT
Article 135. If a person offers to another the making
oi a contract he is bound by the offer, unless he has at
â– the time of offer excluded this obligation.
Article 136. An offer ceases to be binding if it is
declined.
Article 137. An offer ceases to be binding if it is not
accepted in due time according to the provisions of .the
following three Articles.
Article 138. An offer made to a person who is present
shall be accepted at once.
F
Article 139. An offer made to a person who is not
present shall be accepted within the time when the offerer
must wait for an answer under ordinary circumstances.
Article 140. If the offerer has fixed a period of time
for acceptance of the offer, the acceptance shall take place
within that period.
Article 141. If an acceptance arrives out of time though
it has been transmitted to the offerer in such manner that
it would have arrived in due time, the offerer shall without
delay notify the acceptor of the delay.
36
If the offerer neglects so to notify the acceptor as
provided for in the preceding Section, the acceptance is
deemed not to have been out of time.
Article 142. If the acceptance of an offer arrives out
of time, it is deemed to be a new offer.
An acceptance with amplifications, limitations, or other
alterations is deemed to be a refusal coupled with a new
offer.
Article 143. A contract is concluded when a fact has
occurred which may be considered as an acceptance of the
offer, if a communication of its acceptance is not to be
expected according to ordinary usage.
The provision of the preceding Section applies mutatis
mutandis to the case where the offerer has at the time of
offer waived the communication of the acceptance.
In the cases of the preceding two Sections, the moment
at which the offer ceases to be binding is determined ac-
cording to the intention either expressed by the offerer in
the offer or to be inferred from other circumstances.
Article 144. The conclusion of a contract is not pre-
vented by the fact that the offerer dies or becomes incapable
of disposing or limited in disposing capacity before ac-
ceptance, unless a contrary intention of the offerer is clearly
to be inferred.
37
Article 145. If authentication of the contemplated con-
tract has been agreed upon between the parties, it is inferred
ihat the contract is not concluded until the authentication
has taken place.
Article 146. At an auction a contract is not concluded
until the hammer falls.
A bid ceases to be binding if a higher bid is made or
the auction is closed before the hammer falls.
Fourth Title
CONDITION-LIMITATION OF TIME
Article 147. A juristic act subject to a condition pre-
cedent takes effect on the fulfilment of the condition.
A juristic act subject to a condition subsequent loses
effect on the fulfilment of the condition.
Article 148. If, according to the special agreement of
ihe parties, the consequences incident to the fulfilment of
ihe condition are to become operative as from an earlier
lime, then on the fulfilment of the condition the parties
shall be bound to perform reciprocally what they would
have been bound to perform, if the consequences had become
operative at the earlier time.
38
Article 149. In the case of a juristic act entered into-
subject to a condition precedent, the person who has during
the time pending the fulfilment committed a damaging act,
thereby destroying or impairing the right of the other party
dependent upon the condition, shall be held liable to pay
damages therefor. In the case of a juristic act entered into
subject to a condition subsequent, the person in whose favour
the previous legal position is restored has like claim, if his
right is destroyed or impaired in consequence of a damaging
act done by the other party.
Article 150. If a person has disposed of an object
subject to a condition precedent, every further disposition
which he makes of the thing pending the fulfilment of the
condition is void on the fulfilment of the condition in so
far as it would destroy or impair the operative effect
dependent upon the condition.
The provision of the preceding Section applies mutatis
mutandis to a disposition which is effected, pending theã€
fulfilment of a condition precedent, by means of compulsory
execution or distraint, or by a trustee in bankruptcy.
The provisions regarding the benefit of those who derive
rights trom a person without title apply mutatis mutandis
to the cases of the two preceding Sections.
Article 151. The provisions of the preceding Article
apply mutatis mutandis, in the case of a condition subse—
39
quent> to the dispositions of a person whose right is:
extinguished upon the fulfilment of the condition*
Article 152. If the fulfilment of a condition is prevented’
in bad faith by the party to whose disadvantage it would
operate, the condition is deemed to have been fulfilled.
If the fulfilment of a condition is brought about in bad
faith by the party to whose advantage it would operate,
the condition is deemed not to have been fulfilled.
Article 153. A juristic act subject to a time of com-
mencement becomes operative when the time arrives.
A juristic act subject to a time of ending ceases to be
operative when the time arrives.
In the cases of the preceding two Sections, the
provisions of Article 149 to Article 152 apply mutatis^
mutandis.
Fifth Title
AGENCY
Article 154. An agency by law is an agency in which
the delegated authority is conferred by virtue of a provision
of law ‘
40
An agency by mandate is an agency in which the,
delegated authority is conferred by virtue of a declaration
of intention of the party.
Article 155. A declaration of intention which an agent
makes in the name of the principal within the scope of a
delegated authority takes effect both in favour of and as
against the principal.
The declaration need not be made expressly in the
name of the principal: it is sufficient if it appears from
the circumstances that declaration was manifestly made in
his name.
The provisions of the preceding two Sections apply mutatis
mutandis if a declaration of intention required to be made to the
principal is made to his agent.
Article 156. If the intention to act in the name of another
does not appear manifest, the agent is considered to have
acted in his own name.
Article 157. The validity of a declaration of intention
made by or to an agent is not impaired by the fact that he
is limited in disposing capacity unless it is otherwise provided
by law regarding the qualifications of a statutory agent.
Article 158. In so far as the legal effectiveness of a
declaration of intention is vitiated by defective intention, by
fraud, by unlawful threats, or by knowledge or culpable
41
igtiorance of certain circumstances, the question of fact shall
be determined in accordance with the position in the matter
concerned of the agent. But if an appointed agent has acted
in accordance with definite instructions of the principal, the
latter may not deny the act by setting up the ignorance of
the agent with regard to such circumstances as he himself
knew or did not know by reason of culpable ignorance.
Article 159. Except where the parties have made a
special declaration of intention to the contrary, an agent may
not enter into a juristic act in the name of his principal with
himself in his own name, or as agent of both principals,
unless the juristic act consists exclusively in the fulfilment of
an obligation.
Article 160. When several persons act as agents they
shall act jointly, unless there is a special provision in law
or a special declaration of intention of the parties to the
contrary.
Article 161. A power of agency is conferred by de-
claration to the person who is to exercise the power, or to
the third party with whom the business delegated is to be
transacted.
Article 162. The power of agency is terminated accord-
ing to the legal relation upon which its creation is
based.
42
In the absence of express agreement with regard to the
legal relation on the basis of which a power of agency is
created, the principal may revoke it during the subsistence
of the legal relation.
The provision of the preceding Article applies mutatis
mutandis to the revocation of a power of agency.
Article 163. If a power of agency is conferred by
declaration to a third party, it remains in force in respect to-
him until he is notified of its termination by the principal.
Article 164. If a written power of agency is conferred
to an agent, the agency remains in force until the written
power of agency is returned to the principal or is declared
invalid by him.
The agent has no right of lien on the written power of
agency which shall be returned to the principal.
If the agent has lost the written power of agency or on
account of other reasons it is impossible for him to return
the same to the principal, the principal may apply for a
declaration of invalidity according to the provisions relating
to the public summons.
Article 165. The provisions of Article 163 and Section
1 of Article 164 do not apply, if the third party knew or
ought to have known of the termination of the agency at
the time when the juristic act was entered into.
43
Article 166. If a person has announced by notice to a
third party or by public notification that he has given d
power of agency to another, a juristic act entered into by
the third party with the latter operates in favour of or as
against the principal, regardless of whether or not the power
of agency has been conferred.
The provision of the preceding Section applies mutati艮
mutandis, where the agent has produced the written power
of agency of another to the third party.
Article 167. The provisions of the preceding Article do
not apply, if the third party knew or ought to have known
of the absence of the power of agency at the time when
the juristic act was entered into.
Article 168. If a person enters into a contract in the
name of another without authority, the contract does not
operate in favour of or as against the principal until he
ratifies.
The ratification under the preceding Section may be
declared to the unauthorized agent, but it shall be made to
the other party if he has demanded that the principal declare
whether or not he ratifies.
Article 169. The other party may fix a reasonable period:
and demand that the principal declare whether or not he
ratifies.
44
If the ratification is not declared by the principal within
the period under the preceding Section, it is deemed to have
been refused.
Article 170. When a contract is concluded by an
unauthorized agent the other party may revoke it before
ratification, unless he knew of the absence of authority at
tile time when the contract was entered into.
Thd revocation under the preceding Section may be
declared to the unauthorized agent.
Article 171. A person was has entered into a contract
as agent is, in the absence, of proof of his authority and
upon the refusal of the principal to ratify, bound to the
other party at his election either to carry out the contract
«or to pay damages.
In the case of the preceding Section, if the agent did
not know that he had no authority, the other party can only
demand the payment of damages, not, however, beyond the
value of the interest which the other party has in the validity
Of the contract.
Articie 172. The agent is not liable under the preceding
Article, if the other party knew or ought to have known of
the absence of authority. The agent is also not liable if he
is limited in disposing capacity, unless he had acted with
the consent of his statutory agent.
45
Article 173. A unilateral juristic act done by a person
in the name of another without authority i§ void, unless at
the time of entering into the act the other party consented
to the agent acting without authority or failed to ascertain
whether the agent had the authority, in which case the pro-
visions relating to contracts made with an unauthorized
agent apply mutatis mutandis. The same rule applies if
a unilateral juristic act be entered into with an unauthorized
agent with his assent.
Sixth Title
INVALIDITY, VOIDABILITY, APPROVAL
AND RATIFICATION.
Article 174. If part of juristic act is void the whole
juristic act is void, unless it is to be presumed that it would
equally have been entered into if the void part had been
omitted.
Article 175. If a void juristic act satisfies the requirements
of a different juristic act, the latter is valid if it is to be
presumed that its validity would have been intended by the
parties on knowing of the invalidity of the former.
46
Article 176. If a void juristic act is confirmed by the
person who entered into it, the confirmation is deemed to
be a renewed undertaking.
Article 177. If a party at the moment when a void
juristic act was entered into knew or ought to have known
ihat it was void, he is bound to restore the legal relation
subsisting prior to entering into the act.
Article 178. If a voidable juristic act is avoided it is
deemed to have been void ab initio. If its voidability was
known or ought to have been known, the provision of Article
177 applies mutatis mutandis to its avoidance.
Article 179. The avoidance is effected by declaration to
ihe person subject to avoidance.
If the person subject to avoidance is known, he is the
person to whom the declaration of avoidance is to be made.
If a third person has acquired a right directly through the
voidable act, he is the person to whom such declaration is
io be made.
If the person subject to avoidance is unknown, the person
who has acquired a right directly through the voidable act
is the person to whom the declaration of avoidance is to be
made.
Article 180. If a voidable juristic act is ratified by the
person entitled to avoid, it is deemed to be valid ab initio,
47
but it can not be set up against a bona fid^ third
person.
Article 181. The provisions of Article 179 apply mutatis
mutandis to ratification.
Article 182. If the validity of a contract depends upon the
consent of a third party, the giving or refusal of consent may
be declared as well to the one as to the other party.
If the validity of a unilateral juristic act which purports
to be entered into with another depends upon the consent
of a third party, the provision of the preceding Section applies
mutatis mutandis.
Article 183. Precedent consent (i.e., approval) is
revocable until the juristic act has beeen entered into, unless
such consent cannot be revoked according to the nature of
the legal relation by virtue of which the approval is
given.
The revocation may be declared as well to the one as
to the other party.
Article 184. Subsequent consent (i.e., ratification) operates
.as from the moment when the juristic act was entered into,
unless it is otherwise provided.
Dispositions affecting the object of the juristic act which
before the ratification have been made by the party ratifying,
48
execution dr distraint or by a trustee in bankruptcy, are not
affected by the provision of the preceding Section.
Article 185. A disposition affecting any object which
is made by a person without title is valid, upon the ratification
of the person entitled.
The disposition is valid ab initio if the person without
title acquires title to the object after having made the-
disposition.
Article 186. In the case provided in the second Sectiorn
of the preceding Article, if several incompatible dispositions
have been made, only the earliest disposition is effective.
Fourth Chapter.
CALCULATION OF TIME-LIMITS,
Article 187. The rule for fixing time-limits is to be
determined in accordance with the provisions of this Chapter
except as otherwise provided by laws, ordinances, judicial
decisions or juristic acts.
Article 188. A period described by hours is to be
calculated as from the given moment.
49
A period described by days, weeks, months or years
is to be calculated from the beginning of the following day,
unless the event occurs from the point of time in the fore-
noon of the day.
Article 189. A period described by days, weeks, months
or years ends with the expiration of the last day of the
period.
A period which begins to run not at the beginning of
a week, month or year, expires on the day preceding the
day in the last week, month or year corresponding to the
day on which it commenced to run; but if there is no such
corresponding day in the last month in the case of a period
fixed by months or years, it expires on the last day of the
last month.
Articles 190. If, within a given period, a declaration
of intention is to be made or any act of performance to
be done, and if the last day of the given period falls on a
Sunday, holiday or any day on which it is customary not
to da business, the period expires at the last moment of
the following day.
Article 191. The provision of the preceding Article
å©plies mutatis mutandis to a declaration of intention to be
made or an act of performance to be done on a given
day.
50
Article 192. A period described by months or years
is to be fixed according to the calendar.
Article 193. A peried described by the beginning of
a month, the middle of a month, or the end of a month is
understood to be the first day, the fifteenth day, or the last
day of the month.
Article. 194. A period described by a half-month is
understood to be fifteen days calculated from the beginning
of such period; by a quarter, three months; by a half-year,
six months.
Article 195. Age is reckoned from the day of birth.
Fifth Chapter
EXTINCTIVE PRESCRIPTION
Article 196. A right of claim is extinguished if not
exercised for thirty years. But if its term is longer than
thirty years, it is extinguished after the lapse of ten years
from the latest day when the claim may be made.
Article 197. If a right of claim consists of the payment
of money due at stated intervals of one year or a shorter
period, the right coming into existence at each interval is
extinguished if not exercised for five years.
51
Article 198. Any right of claim specified in the fol-
lowing Sub-Sections is extinguished if not exercised for
three years:
1. Charges for lodging or food and drink, hire for
rooms or seats, the price of articles for consumption and
monetary advances in inns, restaurants and places of
amusement.
2. Fees for transportation or money advanced by
carriers.
3. Rent due to a person who carries on a business of
letting movables.
4. Fees and remuneration for medical practitioners and
midwives as well as money advanced by them for medicines
and other things supplied.
5. Remuneration and fees for attorneys, notaries and
bailiffs.
6. Restoration of things received from the parties to
an action by attorneys, notaries and bailiffs.
Article 199. Extinctive prescription begins to run from
the moment when the claim comes into being. If the claim
is to a fordbearance, the prescription begins to run from the
moment when the right is first contravened.
Article 200. Extinctive prescription is interrupted if
the obligor acknowledges the claim of the opposite party.
52
Article 201. Extinctive prescription is interrupted if an
action is brought for the satisfaction of the claim.
The following are equivalent to bringing an action:一
(1) The service of an order for payment in a hortatory
process;
(2) The service of a summons for the purpose of ef-
fecting a compromise;
(3) The presentation of the claim in bankruptcy
proceedings;
(4) The notice of the pendency of an action;
(5) The institution of proceedings in execution or the
presentation of an application for compulsory execution.
Article 202. Extinctive prescription is interrupted if,
upon the bringing of an action, an application is presented
for the designation of the competent court, except where
no action has been brought within three months after such
designation.
Article 203. Bringing action, dees not operate to
interrupt prescription, if the action is withdrawn or dismissed
as non—conformable to law by a judgment which has
become absolute.
53
Article 204. Service of an order for payment does not
operate to interrupt prescription, if the pendency of the action
loses its effect.
Article 205. Service of a summons for the purpose of
effecting a compromise does not operate to interrupt
prescription, if the opposite party does non appear or if
no compromise is arrived at.
Article 206. Presentation of a petition in bankruptcy
proceedings does not operate to interrupt prescription, if
the creditor withdraws the petition.
Article 207. Notice of the pendency of an action does
not operate to interrupt prescription, if within six months
after termination of the process no action is brought for
satisfaction or establishment ot the claim.
Article 208. Institution of proceedings in execution
does not operate to interrupt prescription, if the proceedings
are cancelled upon the application of the person entitled, or
on account of the non-fulfilment of legal requirements.
Presentation of an application for compulsory execution
does not operate to interrupt prescription, if the application
is withdrawn or dismissed.
Article 209. Interruption by bringing action continues
until the case is decided or otherwise disposed of without
any right of appeal. ?
54
Article 210. Interruption by presentation of a petition
in bankruptcy proceedings continues until the proceedings
are ended.
Where, after the termination of the bankruptcy pro-
ceedings upon the lodgment of the amount of the claim under
dispute, a case is pending in regard to the claim, the
provision of the preceding Artcle applies mutatis mutandis.
Article 211. Interruption by notice of the pendency of an
action countines until the case is decided or otherwise dis-
posed of without any right of appeal.
Aaticle 212. Prescription is interrupted by the arbitrator
instituting the inquiry about the matter with the party
to the dispute.
The provision of Article 209 applies mutatis mutandis
to the case provided in the preceding Section.
Article 213. Prescription having been interrupted
recommences to run upon the cessation of the cause of
interruption.
Article 214. An interruption of prescription takes effect
only as between the parties and their successors.
Artible 215. If, at the time when the period for
prescription would otherwise mature, the prescription can
55
not be interrupted owing to vis major or any other unavoi-
dable cause, the prescription is not complete before the
expiration of one months calculated from the time when
such obstruction ceases.
Article 216. The prescription of a claim belonging to
or running against property of a succession is not complete
before the expiration of six months calculated from the
time when the heir is determined, a manager is appointed
or a declaration of bankruptcy is made.
Article 217. A prescription running against a person
incapable of disposing or limited in disposing capacity is not
complete, in case the person is left without a statutory
agent or guardian, before the expiration of six months
calculated from the time when such person becomes capable
of disposing without limitation or from the time when his
statutory agent or guardian enters upon his duties.
The provisions of the preceding Section do not apply
where a person limited in disposing capacity is capable of
suing and being sued.
Article 218. The prescription of claims of children
against their parents is suspended during the continuance of
the parental relationship.
The provisiond of the preceding Section applies mutatis
mutandis to the prescription of claims of a protected person
56
against his protector (curator) and to the prescription of
claims of a ward against his guardian.
Article 219. The prescription of claims of a wife
against her husband is suspended so long as the marriage
continues.
Article 220. After the lapse of the period of prescrip-
tion the obliger is entitled to refuse performance.
If any act of performance is done in satisfaction of a
claim barred by prescription, the value of such performance
may not be demanded back on the ground that the
performance has been effected in ignorance of the prescription.
The same rule applies to a contractual acknowledgment of
liability and to the giving of security by the obligor.
Article 221. The prescription of a claim for which there
is a hypothec or a right of pledge does not prevent the
obligee from satisfying himself out of the security.
The provision of the preceding Section does not apply
to the case of prescription of claims for interest or other
periodical acts of performance.
Article 222. Unless it is otherwise provided in this
Code, the extinctive prescription of the principal claim affects
claims accessory thereto.
Article 223. Extinctive prescription may neither be
waived nor extended.
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