Civil Code (Act No. 89 of 1896).

The Japanese Civil Code was enacted in 1896. The Code is composed of the following Books: I) General Provisions; II) Real rights; III) Claims; IV) Family; V) Succession. While partial amendments were enacted in 2004, the contents of the law of obligations which are mainly compiled in Book III remain basically intact. In 2009, the Minister of Justice consulted with the Legislative Council of the Ministry of Justice for the revision of the Civil Code (law of obligations). In response to this consultation, the general assembly of the Legislative Council decided at the same meeting to establish the “Working Group on the Civil Code (Law of Obligations)” for this mission.
PROPERTY AND REAL RIGHTS. Book II sets out the legislative framework applicable to real rights. Chapter I lays down rules on movable nad immovable and further Chapter II regulates possessory rights (acquisition of ownership through prescription is regulated by article 162, under Book I of the Code). Chapter III applies to ownership : scope and content (article 207 specifically applies to land), acquisition of ownership, common ownership. Further provisions govern real rights other than ownership, including superficies (Chapter IV), servitudes (Chapter VI). Chapter V of Book II concerns farming rights.
OBLIGATIONS AND CONTRACTS. Provisions on obligations and contracts can be found under Books II and III. As a general rule, even something that cannot be given an estimated monetary value may be the subject matter of a claim (art. 399). Book III on claims includes several rules on performance of contracts and claims deriving from non-contractual obligations. Chapter II of Book III regulates the formation, effect and cancellation of contracts. Special rules are laid down as to gifts (arts. 549-554), sale (arts. 555-585), loans and leases (arts. 593-622), bailment (arts. 657-666) and partnerships (arts. 667-688), among others. Chapter V of Book III concerns the law of torts.
INHERITANCE. Book V contains the law of succession. The principles of the Japanese law of succession were rewritten after the end of World War II. The house system (ie seido) that made the eldest son the universal and sole heir of the house’s assets was replaced by a parentelic system of succession that is predicated on the equality of the sexes and individual dignity as stated in Article 24 of the Constitution. The death of the decedent marks the commencement of succession. The heirs have the right to claim for recovery of the estate if a third party violates their rights. In the case of intestacy, the spouse and children are always heirs.
AGRICULTURE. As mentioned above, Chapter V of Book II is devoted to farming rights. It defines the content and duration of such rights, without any prejudice to customs (see article 277).
WATER. Several provisions applicable to water resources are laid down under Book II of the Code. They include rules on water streams (arts. 214-216), rainwater (art. 218), waterworks (arts. 221 and 222). Article 285 regulates servitudes for water use.