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This English translation of the Civil Code has been translated through the revisions of Act No.

87 of 2005 Effective May 1, 2006             in compliance with the Standard Bilingual Dictionary March 2006 edition .

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Civil Code Act No. 89 of 1896

Part I General Provisions

Chapter 1 Common Provisions

Article 1 (Fundamental Principles)

(1) Private rights must conform to the public welfare.

(2) The exercise of rights and performance of duties must be done in good faith. (3) No abuse of rights is permitted.

Article 2 (Standard for Construction)

This Code must be construed in accordance with honoring the dignity of individuals and the essential equality of both sexes.

Chapter 2 Person

Section I Capacity to Hold Rights

Article 3

1    The enjoyment of private rights shall commence at birth.

2    Unless otherwise provided by applicable laws, regulations or treaties, foreign

nationals shall enjoy private rights.

Section II Capacity to Act

Article 4 Age of Majority

The age of majority is reached when a person has reached the age of 20.

Article 5 Juristic Act of Minors

1    A minor must obtain the consent of his/her statutory agent to perform any

juristic act; provided, however, that, this shall not apply to an act merely intended to acquire a right or to be relieved of a duty.

2    A juristic act in contravention of the provision of the preceding paragraph may

be rescinded.

3    Notwithstanding the provision of paragraph 1, in cases the statutory agent

permits the disposition of property by specifying the purpose thereof, a minor may freely dispose of the same to the extent of such purpose. The same shall apply in cases his/her statutory agent permits the disposition of the property without specifying any purpose.

Article 6 Permission for Minors to Carry on Business

1    A minor who is permitted to carry on one or more kinds of business shall have

the same capacity to act as a person of the age of majority as far as such business is concerned.

2    In the case set forth in the preceding paragraph, if the minor may be unable to

perform the relevant business for any reason, his/her statutory agent may revoke or limit permission in accordance with the provisions of Part IV Relatives .

Article 7 Order for Commencement of Guardianship

With respect to any person who constantly lacks the capacity to discern right and wrong due to mental disability, the family court may order the commencement of guardianship at the request of the person in question, his/her spouse, any relative within the fourth degree of kinship, the guardian of a minor, the supervisor of the guardian of a minor, the curator, the supervisor of the curator, the assistant, the supervisor of the assistant, or a public prosecutor

Article 8 Adult Ward and Guardian of Adult

A person who has become subject to the order of commencement of guardianship

shall be an adult ward, and a guardian of an adult shall be appointed for him/her.

Article 9 Juristic Act of an Adult Ward under Guardianship

A juristic act performed by an adult ward may be rescinded; provided, however, that, this shall not apply to any act relating to daily life, such as the purchase of daily household items.

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