At the request of the person referred to in the main clause of Article 15, paragraph (1) or the assistant or assistant's supervisor, the family court may decide that the person under assistantship must obtain the consent of the person's assistant in order to perform a specific juridical act; provided, however, that the acts that such a decision may establish as those for which the person must obtain the consent of the assistant are restricted to a part of the acts provided for in Article 13, paragraph (1).
The issuance of a decision referred to in the preceding paragraph at the request of a person other than the person in question requires the consent of the person in question.
本人以外の者の請求により前項の審判をするには、本人の同意がなければならない。
If the assistant does not consent to an act for which the person under assistantship must obtain the assistant's consent even though it is unlikely to prejudice the interests of the person under assistantship, the family court may grant permission that operates in lieu of the assistant's consent, at the request of the person under assistantship.
補助人の同意を得なければならない行為について、補助人が被補助人の利益を害するおそれがないにもかかわらず同意をしないときは、家庭裁判所は、被補助人の請求により、補助人の同意に代わる許可を与えることができる。
An act for which the person under assistantship must obtain the assistant's consent may be revoked if the person performs it without obtaining the assistance's consent or a permission that operates in lieu of it.
補助人の同意を得なければならない行為であって、その同意又はこれに代わる許可を得ないでしたものは、取り消すことができる。
Read this with the articles around it
(Acts Requiring Consent of Curator)
A person under curatorship must obtain the consent of the curator in order to perform any of the following acts; provided, however, that this does not apply to an act provided for in the proviso of…
被保佐人が次に掲げる行為をするには、その保佐人の同意を得なければならない。ただし、第九条ただし書に規定する行為については、この限りでない。
Open this provision(Decisions for Commencement of Assistance)
The family court may decide to commence an assistance in respect of a person whose capacity to appreciate their own situation is inadequate due to a mental disorder or disability…
精神上の障害により事理を弁識する能力が不十分である者については、家庭裁判所は、本人、配偶者、四親等内の親族、後見人、後見監督人、保佐人、保佐監督人又は検察官の請求により、補助開始の審判をすることができる。ただし、第七条又は第十一条本文に規定する原因がある者については、この限りでない。
Open this provision(Decisions Requiring Person to Obtain Consent of Assistant)
At the request of the person referred to in the main clause of Article 15, paragraph (1) or the assistant or assistant's supervisor, the family court may decide that the person under assistantship…
家庭裁判所は、第十五条第一項本文に規定する者又は補助人若しくは補助監督人の請求により、被補助人が特定の法律行為をするにはその補助人の同意を得なければならない旨の審判をすることができる。ただし、その審判によりその同意を得なければならないものとすることができる行為は、第十三条第一項に規定する行為の一部に限る。
Open this provisionjuridical act
法律行為
An act by which a person, by manifesting their intention (意思表示), brings about the legal effect they intend, such as making a contract or buying everyday goods (Civil Code, Articles 3-2, 9, paragraph (1), and 91; Act on General Rules for Application of Laws, Article 10, paragraphs (1) and (4)). A contract is formed when one party's offer, a manifestation of intention showing its terms, is accepted by the other (Civil Code, Article 522, paragraph (1)). Where the parties to a juridical act manifest an intention that differs from a provision of laws and regulations not related to public policy, their intention prevails (Article 91). It is void if a party lacked mental capacity (意思能力) when manifesting the intention (Article 3-2), or if it goes against public order or good morals (公の秩序又は善良の風俗) (Article 90). A minor (under 18, Article 4) needs the consent of their legal representative to do one, except one by which they merely acquire a right or are released from an obligation, or a disposal of property the representative has allowed them to dispose of, and one done without that consent may be rescinded (取消し) (Article 5); a rescinded act is treated as void from the start (Article 121), and a void act does not take effect even if the parties later confirm it, though confirming it knowing it is void counts as doing a new act (Article 119). One made subject to a condition precedent (停止条件) takes effect when the condition is fulfilled, and one subject to a condition subsequent (解除条件) loses effect then (Article 127, paragraphs (1) and (2)). Under the Act on General Rules for Application of Laws, the formation and effect of a juridical act are governed by the law of the place its parties chose when they did it (Article 7), or, where they chose none, by the law of the place most closely connected with it at that time (Article 8, paragraph (1)); but a consumer can ask for the protective rules of the law where they habitually live, which governs a consumer contract where no law was chosen, and a worker can ask for those of the place most closely connected with the labor contract, usually where the work is done (Articles 11 and 12) — except in the cases Article 11, paragraph (6) lists, such as a consumer who went to a place under the same law as the business's office and made the contract there, unless the business had invited them, where they habitually live, to make it there.
Written by AI using Civil Code, Arts. 3-2, 4, 5, 9, 90, 91, 119, 121, 127, 522 and Act on General Rules for Application of Laws, Arts. 7, 8, 10, 11, 12 as a reference.
rescission
取消し
Undoing a legal act, such as an offer or acceptance of a contract (意思表示, a manifestation of intention), that the law says may be rescinded: for example one made through an important mistake, though a mistake about the circumstances behind the act only if it had been made clear that they were its basis, and as a rule not where the person was grossly careless (Civil Code, Article 95), or one made under fraud or duress, though fraud by a third party only if the other party knew of it or could have known (Article 96), or one a minor made without the consent of their legal representative (Article 5, paragraph (2)). Once rescinded, the act is treated as void from the start (Article 121). Only the person who made it, their representative or successor, or someone whose consent it needed may rescind it (Article 120). The right is lost if not used within five years from when the act could be confirmed — once the mistake, fraud or other cause has ended and the person knows they can rescind (Article 124) — or twenty years from the act (Article 126). It is lost sooner if the person confirms the act, and once it could be confirmed, performing it or demanding performance without reserving objections counts as confirming it (Articles 122 and 125). The Consumer Contract Act adds grounds of its own, such as a business telling the consumer something untrue about an important matter when soliciting the contract, where the consumer believed it and made the contract because of it (Article 4, paragraph (1), item (i)), and gives most of them a shorter time: one year from when the act could be confirmed, and five years from the contract (Article 7, paragraph (1)).
Written by AI using Civil Code, Arts. 5, 95, 96, 120, 121, 122, 124, 125, 126 and Consumer Contract Act, Arts. 4, 7 as a reference.