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Article 118第百十八条
Unauthorized Agency in Unilateral Juridical Act(単独行為の無権代理)
Article 118, paragraph (1)
With respect to a unilateral juridical act, the provisions of Articles 113 through the preceding Article apply mutatis mutandis only if the counterparty, at the time of the act, either agrees for the person holding themselves out as an agent to act without the authority to represent or does not contest the authority to represent of that person. The same applies if that counterparty does a unilateral juridical act to a person without authority to represent with the consent of that person.
A void act does not become effective by ratification; provided, however, that if a party ratifies an act knowing that the act is void, it is deemed that the party did a new act.
An act that is revocable on the grounds of the qualified legal capacity to act of the person who did the act may be revoked only by the person with qualified legal capacity (in the case of an act performed by the person as a legal representative of another person with limited capacity, including that other person with limited capacity), or their agent or successor, or a person who has the authority to give consent thereto.
An act that is revocable on the grounds of a mistake, fraud or duress may be revoked only by the person who made the defective manifestation of intention, or their agent or successor.
An act that has been revoked is deemed void ab initio.
取り消された行為は、初めから無効であったものとみなす。
Article 121-2第百二十一条の二
Obligation of Restoration(原状回復の義務)
Article 121-2, paragraph (1)
A person that has received payment or delivery as the performance of an obligation based on a void act has an obligation to restore the other party to the original state.
無効な行為に基づく債務の履行として給付を受けた者は、相手方を原状に復させる義務を負う。
Article 121-2, paragraph (2)
Notwithstanding the provisions of the preceding paragraph, if a person that receives payment or delivery as the performance of an obligation based on a void gratuitous act did not know that the act was void at the time of receiving the payment or delivery (or if the person did not know that the act may be revoked at the time of receiving the payment or delivery in the case of an act which is deemed void ab initio pursuant to the provisions of the preceding Article after the receipt of the payment or delivery), has an obligation to return to the extent currently enriched by the act.
Notwithstanding the provisions of paragraph (1), a person who has no mental capacity at the time of performing an act has an obligation to return to the extent currently enriched by the act. The same applies to a person who is a person with qualified legal capacity at the time of performing an act.
A revocable act may not be revoked after the person prescribed in Article 120 ratifies it.
取り消すことができる行為は、第百二十条に規定する者が追認したときは、以後、取り消すことができない。
Article 123第百二十三条
Method of Revocation and Ratification(取消し及び追認の方法)
Article 123, paragraph (1)
If the counterparty to an act that may be revoked is identified, the revocation or ratification of that act is made by the manifestation of intention to the counterparty.
The ratification of a revocable act does not become effective unless it is made after the circumstances that made the act revocable cease to exist and the person ratifying the act becomes aware of the right to revoke it.
In the following cases, the ratification referred to in the preceding paragraph is not required to be made after the circumstances that made the act voidable cease to exist:
次に掲げる場合には、前項の追認は、取消しの原因となっていた状況が消滅した後にすることを要しない。
Article 124, paragraph (2), item (i)(追認の要件)(Requirements for Ratification)Changed
if a legal representative or a curator oran assistant of a person with qualified legal capacity ratifies the act; or
法定代理人又は制限行為能力者の保佐人若しくは補助人が追認をするとき。
Article 124, paragraph (2), item (ii)(追認の要件)(Requirements for Ratification)Changed
if a person with qualified legal capacity (excluding an adult ward)a person who has received a decision under the provisions of Article 10, paragraph (1)) ratifies the act with the consent of a legal representative, curator or assistant.
If, at or after the time when it becomes possible to ratify an act, any of the following facts occur with respect to a revocable act, it is deemed that the act has been ratified; provided, however, that this does not apply if an objection is reserved:
assignment of a part of or the whole of a right acquired by the revocable act; or
取り消すことができる行為によって取得した権利の全部又は一部の譲渡
Article 125, paragraph (1), item (vi)
judicial enforcement.
強制執行
Article 126第百二十六条
Limitation on Period of Right to Revoke(取消権の期間の制限)
Article 126, paragraph (1)
The right to revoke an act is extinguished by the operation of the prescription if it is not exercised within five years from the time when it becomes possible to ratify the act. The same applies if 20 years have passed from the time of the act.
A juridical act subject to a condition precedent becomes effective upon fulfillment of the condition precedent.
停止条件付法律行為は、停止条件が成就した時からその効力を生ずる。
Article 127, paragraph (2)
A juridical act that is subject to a condition subsequent ceases to be effective upon fulfillment of the condition subsequent.
解除条件付法律行為は、解除条件が成就した時からその効力を失う。
Article 127, paragraph (3)
If the party manifests an intention to make the effects retroactive to the time of or any time before the time of the fulfillment, that intention prevails.
Prohibition of Infringement of Interest of Counterparty Pending Fulfillment of Conditions(条件の成否未定の間における相手方の利益の侵害の禁止)
Article 128, paragraph (1)
While it is uncertain whether or not a condition will be fulfilled, a party to a juridical act that is subject to a condition may not prejudice the other party's interests that would arise from the juridical act upon fulfillment of the condition.
Disposition of Rights Pending Fulfillment of Conditions(条件の成否未定の間における権利の処分等)
Article 129, paragraph (1)
While it is uncertain whether or not a condition will be fulfilled, the rights and obligations of the party concerned may be disposed of, inherited or preserved, or a security may be provided therefor, in accordance with the general provisions.
Prevention of Fulfillment of Conditions(条件の成就の妨害等)
Article 130, paragraph (1)
If a party that would suffer a detriment as a result of the fulfillment of a condition intentionally prevents the fulfillment of that condition, the counterparty may deem that the condition has been fulfilled.
If a party who would enjoy a benefit as a result of the fulfillment of a condition wrongfully has that condition fulfilled, the counterparty may deem that the condition has not been fulfilled.
If a condition has already been fulfilled at the time of a juridical act and that condition is a condition precedent, the juridical act constitutes an unconditional act; if that condition is a condition subsequent, the juridical act is void.
If it has already been established at the time of a juridical act that a condition will not be fulfilled and that condition is a condition precedent, the juridical act is void; if that condition is a condition subsequent, the juridical act constitutes an unconditional act.
In the cases referred to in the provisions of the preceding two paragraphs, the provisions of Article 128 and Article 129 apply mutatis mutandis until the relevant party becomes aware that the condition has been or has not been fulfilled.
A juridical act subject to an unlawful condition is void. The same applies to a juridical act subject to the condition that an unlawful act not be performed.
不法な条件を付した法律行為は、無効とする。不法な行為をしないことを条件とするものも、同様とする。
Article 133第百三十三条
Impossible Conditions(不能条件)
Article 133, paragraph (1)
A juridical act subject to an impossible condition precedent is void.
不能の停止条件を付した法律行為は、無効とする。
Article 133, paragraph (2)
A juridical act subject to an impossible condition subsequent is an unconditional juridical act.
不能の解除条件を付した法律行為は、無条件とする。
Article 134第百三十四条
Potestative Conditions(随意条件)
Article 134, paragraph (1)
A juridical act subject to a condition precedent is void if the condition is dependent only upon the intention of the obligor.
停止条件付法律行為は、その条件が単に債務者の意思のみに係るときは、無効とする。
Article 135第百三十五条
Effect of Arrival of Assigned Time(期限の到来の効果)
Article 135, paragraph (1)
If a time of commencement is assigned to a juridical act, the performance of that juridical act may not be demanded before the arrival of that assigned time.