Civil Code

A juridical act that is against public policy is void.

If the person performing a juridical act manifests an intention that is inconsistent with the provisions of laws and regulations that are not related to public policy, that intention prevails.

If a custom is inconsistent with the provisions of laws and regulations that are not related to public policy and it is found that the person performing a juridical act has the intention to abide by that custom, that custom prevails.

The validity of a manifestation of intention is not impaired even if the person making it does so while knowing that it does not reflect that person's true intention; provided, however, that if the other party knew or could have known that the manifestation was not the true intention of the person who made it, that manifestation of intention is void.

The nullity of a manifestation of intention under the provisions of the proviso to the preceding paragraph may not be duly asserted against a third party in good faith.

A false manifestation of intention that a person makes in collusion with another person is void.

The nullity of a manifestation of intention under the provisions of the preceding paragraph may not be duly asserted against a third party in good faith.

A manifestation of intention may be revoked if it is based on either of the following mistakes, and the mistake is material in light of the purpose of the juridical act and common sense trading practices:

a mistake wherein the person lacks the intention that corresponds to the manifestation of intention; or

a mistake wherein the person making the manifestation of intention holds an understanding that does not correspond to the truth with regard to the circumstances which the person has taken as the basis for the juridical act.

A manifestation of intention under the provisions of item (ii) of the preceding paragraph may be revoked only if it has been indicated that the circumstances in question are being taken as the basis for the juridical act.

If a mistake is due to gross negligence on the part of the person making the manifestation of intention, that person may not revoke a manifestation of intention as under paragraph (1), except in the following cases:

if the other party knew, or did not know due to gross negligence, of the mistake on the part of the person making the manifestation of intention; or

if the other party was under the same mistake as the person making the manifestation of intention.

The revocation of a manifestation of intention under the provisions of paragraph (1) may not be duly asserted against a third party in good faith acting without negligence.

A manifestation of intention based on fraud or duress may be revoked.

If a third party commits a fraud inducing a first party to make a manifestation of intention to a second party, that manifestation of intention may be revoked only if the second party knew or could have known that fact.

The revocation of a manifestation of intention induced by fraud under the provisions of the preceding two paragraphs may not be duly asserted against a third party in good faith acting without negligence.

A manifestation of intention becomes effective at the time notice of the manifestation reaches the other party.

If the other party prevents notice of a manifestation of intention from reaching them without a legitimate reason, the notice is deemed to have reached that party at the time it would have normally reached them.

The effect of a manifestation of intention is not impaired even if the person making it dies, loses mental capacity, or becomes subject to restrictions on their legal capacity to act after having sent the notice.

A manifestation of intention may be made by means of public notice if the person making it is unable to ascertain who the other party is or is unable to ascertain the whereabouts thereof.

Public notice referred to in the preceding paragraph is effected by, according to the categories set forth in the following items, placing the matters specified respectively in those items in a state in which they can be viewed by an unspecified and large number of persons, while having a document stating those matters posted in the posting area of the relevant court or taking measures to place what displays those matters on the screen of a computer (including input/output devices; the same applies below in this paragraph) installed at the court in a state in which it can be viewed, and having an indication that those measures have been taken published in the Official Gazette at least once, in accordance with the provisions of the Code of Civil Procedure (Act No. 109 of 1996) on service by publication; provided, however, that if the court finds it to be suitable, it may order that a notice be posted in the posting area of the city office, ward office, town hall, or any facility equivalent to these in lieu of the relevant information being published in the Official Gazette.

Manifestation of intention by public notice of a document: that the court clerk must keep the document stating the manifestation of intention and deliver it to the other party at any time;

Manifestation of intention by public notice of an electronic or magnetic record (meaning a record used in computerized information processing which is created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses; the same applies below): that the court clerk must take measures whereby, at any time, a document created by outputting the matters relating to the manifestation of intention recorded in the electronic or magnetic record recorded in a file with which the computer used by the court is equipped can be delivered to the other party, or those matters can be viewed or recorded, and must issue to the other party a notice to the effect that those measures have been taken, using an electronic information processing system connecting the computer used by the court and the computer used by the other party by a telecommunications line.

A manifestation of intention by public notice is deemed to have reached the other party once two weeks have passed since the day when the relevant information was last published in the Official Gazette or once two weeks have passed since the day on which the relevant information started to be posted in lieu of being so published; provided, however, that the effect of a manifestation of intention having reached the other party does not arise if the person making it was negligent in not ascertaining the other party or the whereabouts.

If the person making a manifestation of intention is unable to ascertain who the other party is, the procedures involved in public notice are under the jurisdiction of the summary court that has jurisdiction over the locality where the person making the manifestation of intention is domiciled; if the person making a manifestation of intention is unable to ascertain the whereabouts of the other party, the procedures involved in public notice are under the jurisdiction of the summary court that has jurisdiction over the locality of the last known domicile of the other party.

The court must have the person making a manifestation of intention prepay the expenses associated with a public notice.

the legal representative of the other party; or

the other party, after that other party's mental capacity has been restored or after that other party has become a person with capacity to act.

A manifestation of intention that an agent makes indicating that they will be making a manifestation of intention on behalf of the principal within the scope of the agent's authority binds the principal directly.

The provisions of the preceding paragraph apply mutatis mutandis to a manifestation of intention that a third party makes to an agent.