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🧳 | "AEON MALL Yokohama West Exit" opened in autumn 2023, 5 minutes walk from Yokohama Station, Daiei site


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"AEON MALL Yokohama West Exit" opened in autumn 2023, 5 minutes walk from Yokohama Station, Daiei site

 
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AEON MALL will lease a commercial building from Gonda Metal Industry.
 

AEON MALL of AEON Group announced plans to open "(tentative name) AEON MALL Yokohama West Exit" in the fall of 2023 ... → Continue reading

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Wikipedia related words

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Rent

Rent(Chintai Shaku) is one of the parties (lessor)[1], Lender) Use of certain things and profits to the other party (lessee)[2], The borrower), and the other party promises to pay the rent for this and to return the delivered item when the contract ends.Agreement. JapaneseCivil lawThen.Typical contractIt is said to be a kind of (Civil Code Article 601).

  • The Japanese Civil Code only lists the number of articles below.

Overview

Significance of leasing

Leasing is a type of contract in which the parties rent and borrow things for a fee.As a typical exampleRental housing,Car rentaland so on.

The right of the lessee to use and profit from the object under the lease agreementLease rightIt is said that "setting a lease right" means that the lessor makes a certain item the object of the lease contract.

LeasingConsumption loan,LoanClassified as a loan-type contract (license contract)[3][4]..In addition, the real estate lease rightGround rights,Permanent tenant rightIt is also treated as having the same economic function as, but essentiallyReceivableIn thatGround rights,Permanent tenant right(However, due to the property rights of the lease right, the effect close to that of the superficies is recognized)[5].

Nature of leasing

  • Consent agreement
LeasingConsent agreementIs[6]..The fact that the Japanese Civil Code stipulates a consent contract for real estate leasing is unusual as a comparative law, but nowadays even in Japan, documents are often prepared for setting up real estate leasing.[7]..However, fixed-term land lease rights under the Land Lease Law (Land rent lawRegarding the setting of (Article 22) and fixed-term building leasing (Article 38, Paragraph 1 of the Land Leasing Law)DeedRequires a certain method such as[8].
In addition, among the loan-type contracts under the Civil Code revised in 2017 (enforced on April 2020, 4), the loan for use is a consent contract (Article 1), and the loan for consumption is also in writing (or electromagnetic record). A new loan for consumption of a consent contract was established on the condition of (Civil Code Article 593-587).[9][10].
  • Paid contract
Of the loan-type contracts, in principle, loan for consumption and loan for useFree contractOn the other hand, leasing isRentPayment as an elementPaid contractIs[6].
  • Bilateral contract
The lender's obligation to make use revenue and the borrower's obligation to pay rent stand in a consideration relationship[11].

Property rights of lease rights

In the past, if the lessor transferred the object of the lease, the lessee would not be able to counter the lease right against the new owner (unless they have the perfection requirements described below), and the new owner would not approve the lease right. At that time, the lease contract was supposed to be terminated.This isRoman lawSince then, it is a principle expressed by the legal saying that "buying and selling breaks the lease".

However, the separation of ownership and use progressesmodern societyIn particular, land (Residential land,Farmland) And the right to rent a building are the basis of people's lives, but the protection of the rights of the borrower under the Civil Code is not sufficient, and the borrower is expelled without recovering the capital and labor invested in the land and building. Caused the problem of being placed in a position[12][5][13]..Therefore, in JapanEuropeAs with the same, the borrower protection legislation has been repeated, and for residential land and buildings,Land lease law,Rental house lawAnd unified themLand rent lawWas enacted, and about farmlandFarmland lawAs a result, it has been strengthened by special laws such asProperty rightsHas come to be given an effect similar to[12][5][13]. thisProperty rights of lease rightsOrProperty rights of receivablesTo say[12][5]..Specifically, it focuses on the duration of the land lease right, renewal of the land lease contract, and the perfection of the land lease right and the leasehold right.

Conventionally, when the lessee tries to eliminate illegal occupants of the leased land,Creditor subrogation right(423 article) To the lessorOwnershipThe legal structure has been adopted in which the lessee exercises the right to request the exclusion of physical obstruction based on the above.However, the judicial precedent was to recognize the right to request the exclusion of obstruction based on the lease right because of the property right of the lease right for the real estate lease right that has a perfection (maximum judgment April 30, 4) Vol. 5, No. 9, p. 4)[14].. The Civil Code revised in 2017 (enforced on April 2020, 4) stipulates the right to request the exclusion of obstruction and the right to return the lessee based on the real estate lease right with perfection requirements.[9].

on the other hand,The United States of America,AustraliaThen, it is said that they are more inclined to protect the lender.

Comparison of national legislation

Establishment of lease

Japanese Civil Code rentsManifestation of intentionEstablished by matchingConsent agreementIt is stipulated as.In foreign countries, a document is required for certain lease contractsRequired contractThere are many legislative examples that stipulate as[15].

Lease duration

Shortest period

The Japanese Civil Code does not stipulate the minimum duration of a lease[16].

Longest period

The Japanese Civil Code stipulates that the maximum term of a lease is 50 years (604 article1nd paragraph).

It was 29 years before the amendment by the Act for Partial Amendment of the Civil Code (Act No. 44 of 20).This provision assumes that superficies and permanent tenant rights will be set when the drafter of the Civil Code exceeds 20 years.[17]In addition, if the ownership is bound by leasing for a long period of time, the improvement will not proceed and it will be a socio-economic disadvantage.[18].

Chinese Civil Code,Chugoku20 years under the contract law[19]..It has been 20 years in Korea, with the exception of solid buildings.[20].

On the other hand, there is no provision in the French Civil Code.Quebec100 years in the Civil Code [21]. EnglandIf there is no fixed term, the contract is invalid, but there is no limit on the term.

Establishment of lease

Consent agreement

As mentioned earlier, the Japanese Civil Code rentsManifestation of intentionEstablished by matchingConsent agreementIn reality, even in Japan, documents are often prepared especially for real estate leasing.[22][5]..In addition, regarding the establishment of fixed-term land lease rights (Article 22 of the Land Lease Law) and fixed-term building lease (Article 38, Paragraph 1 of the Land Lease Law) under the Land Lease Law.DeedRequires a certain method such as[23].

As a general rule, permission from the Agricultural Commission or the prefectural governor is required to set the lease right for farmland and grass grazing land (Agricultural Land Law, Article 3), and the parties concerned in writing regarding the lease contract for farm land and grass grazing land. The duration, amount of rent, payment conditions and other contracts and the contents of the contracts accompanying them must be clarified (Agricultural Land Law Article 1).

In addition, the Civil Code revised in 2017 (enforced on April 2020, 4) clarified that "returning the delivered item when the contract ends" is also included in the contract.[10].

Short-term lease

Those who do not have the authority to dispose (Absent property manager, No authorityAgentWhen concluding a lease contract (such as), the contract can be made only within the following period (such as).602 article).Such a short-term lease contractShort-term leaseThat.

  1. 10 years of leasing forests for the purpose of planting or cutting trees
  2. Leasing land other than the above 5 years
  3. Building lease 3 years
  4. Movables lease 6 months

Even if a longer period is specified in the contract, that period is said to be the period specified in each item, which was clarified by the Civil Code revised in 2017 (enforced on April 2020, 4). (Ta (602 article)[10].

Short-term leases can also be renewed, but must be renewed within one year for land, within three months for buildings, and within one month for movables before the expiration of the period (within one month for movables).603 article).

Previously, short-term leases were registered earlier within that period.MortgageIt was also possible to counter (priority) (former Article 395).However, since it was misused in, the harmful effects were conspicuous, so it was revised that it could be countered by the revision of the Civil Code in 2003, and a grace period of 6 months was allowed (a grace period of XNUMX months).395 article).In addition, the Civil Code before the revision in 2017 had the phrase "persons with limited ability to act due to disposition" regarding persons with limited ability to act, but the ability of persons with limited ability to act is separately defined and short-term lease. If so, it was deleted because it causes a misunderstanding that a person with limited ability can also do it.[10].

Lease duration

Civil Code Duration

  • Shortest period
There is no limit to the minimum lease period under the Civil Code.
  • Longest period
The Japanese Civil Code sets the maximum lease period to 50 years (604 article1st paragraph).Due to social changes and practical demands, the Civil Code revised in 2017 (enforced on April 2020, 4) extended from 1 to 20 years.[10][9]..Even if the contract specifies a longer period, that period will be reduced to 50 years (604 articleThe latter part of item 1).The contract can be renewed, but even then the period cannot exceed 50 years from the time of renewal (604 articleItem 2).The maximum lease period varies from country to country (#Comparison of national legislationreference).

The provisions of the term of lease under the Civil Code include the Land Lease Law, etc.Special lawHas been modified by.

Duration under the Old Land Lease Law / Old Lease Law

The old land lease law and the old house lease law were abolished by the enforcement of the land lease law (Article 2 of the Supplementary Provisions of the Land Lease Law), but as a general rule, the duration of the land lease right and the leasehold right generated by both laws before the abolition is the leased land. The old land lease law and the old house lease law are applied instead of the land lease law (Article 4 of the Supplementary Provisions of the Land Lease Law).

Under the old Land Lease Law, the term of the leasehold right was 60 years in principle for those aiming to own a solid building, and 30 years in principle for those aiming to own other buildings (formerly). Land Lease Law, Article 2, Paragraph 1).

Under the Old Leasing Law, leasing with a term of less than one year was considered to have no fixed term in principle (Article 1-3 of the Old Leasing Law).In addition, the lessor of the building was not allowed to refuse to renew the lease or apply for cancellation unless it was necessary to use it by himself or for other justifiable reasons (former Leasing Law, Article 2-1).

Duration under the Land and House Lease Law

Duration of leasehold right

Land lease rights under the Land Lease Law include ordinary land lease rights that are normally renewed and fixed-term land lease rights that are not renewed.

Ordinary land lease right
  • Shortest period
The minimum term of the leasehold right under the Land and House Lease Law is 30 years or more (Land and House Lease Law Article 3-9 article).The minimum duration after renewal of the leasehold right is 20 years or more after the first renewal, and 10 years or more after the next renewal (Land and House Lease Law Article 4).
  • Longest period
There is no limit to the maximum period of land lease rights under the Land Lease Law (Articles 3 and 4 of the Land Lease Law).
Term leasehold
  • General fixed-term land lease right
The term of general fixed-term land lease right is 50 years or more (Land and House Lease Law Article 22).This contract must be in writing.
  • Land lease for business
The term of the leasehold right for the purpose of owning a building exclusively for business is 10 years or more and less than 50 years (Land and House Lease Law Article 23).This contract must be made by a notarial act.
  • Land lease right with special contract for building transfer
The term of the leasehold right with a special contract to transfer the building on the leased land at the end of the leasehold right is 30 years or more (Land and House Lease Law Article 24).

Duration of rent

There are two types of leasehold rights under the Land and House Lease Law: ordinary leasehold rights with restrictions on refusal or cancellation of renewal, and fixed-term leasehold rights without renewal.

Ordinary rent
  • Shortest period
If the duration of a lease related to a rented house is less than one year, it is considered that there is no fixed period in principle (Article 1, Paragraph 29 of the Land Leasing Law).This point is the same as the old rental house law.About the term after renewal of rentLand and House Lease Law Article 26by.
  • Longest period
There is no limit on the maximum period of leasehold rights under the Land and House Lease Law (Land and House Lease Law Article 292).
Fixed-term leasehold rights
The duration can be freely set by the agreement of the parties, and the contract may be less than 1 year or more than 20 years, but a contract without a fixed period is not possible (Land and House Lease Law Article 38).This contract must be in writing.

Duration under the Agricultural Land Law

If there is a fixed period for leasing farmland or pasture grazing land, and the party does not notify the other party that it will not be renewed within a certain period before the expiration of the contract period, in principle, it will be the previous lease. It is considered to have been further leased under the same conditions (Article 17 of the Agricultural Land Law).In addition, the parties to the lease of agricultural land or pasture grazing land shall cancel the lease, apply for cancellation, cancel by agreement, or renew the lease without obtaining the permission of the prefectural governor pursuant to the provisions of the government ordinance. It is said that you must not give a notice that you will not do it (Agricultural Land Law Article 18)[24].

Effectiveness of leasing

Effectiveness between the parties

Lessor's obligations

  • Obligation to make use profit
    The lessor is obliged to make the lessee use and profit from the object (601 article).The lessor is obliged to deliver the object, and if there is a third party who is obstructing the lessee's use of the object, the lessor must eliminate it (Oban Sho 5, 7/26 Minshu Vol. 9, p. 704)[25][26][27].
  • Obligation to repair
    The lessor is obliged to repair the object so that it is in a state necessary for profit from use (606 articleSection 1 text).However, the lessor is not obliged to repair the property if the repair is required due to reasons attributable to the lessee (Article 606, Paragraph 1 proviso).
    The lessor is obliged to repair not only when the lessor should be held accountable but also when it is force majeure, but there was a conflict in the theory about the lessor's obligation to repair when the lessee had a reason for the responsibility.[28].. The Civil Code revised in 2017 (enforced on April 2020, 4) stipulates the theory that the lessor is not obliged to repair when the repair is required due to reasons attributable to the lessee.[10]。なお、賃貸人の修繕義務については特約で免除できる(大判明37・11・2民録10輯1389頁、最判昭29・6・25民集8巻6号1224頁)。
    As a general rule, the lessee is obliged to notify when repairs are required (615 article). Under the Civil Code revised in 2017 (enforced on April 2020, 4), the lessee notified the lessor that repairs were necessary, or even though the lessor knew that, the lessor It is stipulated that the lessee can make repairs if the necessary repairs are not made within a reasonable period of time or if there are urgent circumstances (Article 1-607).[10]..When the lessee repairs, the lessor can be billed for reimbursement.[26]..If it cannot be repaired, it will be a problem of non-performance.[28].
    If the lessee's use income is not possible due to the lessor's failure to repair, it will be in default, and if the use income is not possible at all, the full amount, and if some use income is not possible, part The amount will be reduced (naturally, the reduction theory is regarded as promising, and the civil law revised in 2017 (the law came into effect on April 2020, 4) will result in the partial loss of rented items, etc. When it becomes impossible, it will be naturally reduced even if there is no request for rent reduction (Article 1, Paragraph 611))[9][29][27].
  • Obligation to reimburse costs
    The lessee belongs to the lessor's burden on the rented itemNecessary expensesWhen (the cost necessary to maintain the state where the object can be used and profitable) is spent, the lessor can be immediately requested for reimbursement (the cost).608 articleItem 1).This rule isOptional rulesIt can be borne by the lessee with a special contract[30].
    The lessee is about the rentBeneficial expensesWhen (expenses spent for improving the object) are paid, the lessor must reimburse the actual expenses or increased value paid at the end of the lease (the cost paid).608 articleItem 2・196 articleItem 2).However, the court may, at the request of the lessor, grant a reasonable time limit for its redemption (608 article2 proviso).
    Reimbursement of costs must be claimed within one year from the time the lender receives the refund (621 article-600 article).If the lessor is replaced, the new lessor will be obliged to claim reimbursement of expenses (Minshu 46, Minshu Vol. 2, No. 19, p. 25).
    If the lessor does not reimburse these costs, the lessee willDetention rightYou can refuse to surrender the building by exercising (Large format Sho 10, 5, 13 Minshu Vol. 14, p. 876).However, the amount equivalent to the rentUnjust gainObliged to return[30][31].
  • Liability
    Since the lease contract is a paid contract, if the object does not conform to the contract, the lessor will use it.LiabilityBear (559 articleLess than).

Tenant obligations

  • Obligation to pay rent
    • principle
      For lesseesRentObliged to pay (601 article).The rent is the usage fee paid by the lessee to the lessor based on the lease contract.As a general rule, rent will be paid later at the end of the month for residential land, buildings, and movables, and after the end of the year or the harvest season for other lands (614 article), Because it is a voluntary law, it is possible to pay in advance with the agreement (special contract) of the parties.[32].
    • Land rent / rent setting / change / regulation
      There are special provisions in the Land Leasing Law regarding rent changes for leased land (land lease for the purpose of owning a building) and rented house (building lease).The Land and House Lease Law gives both the lender and the borrower the right to claim an increase or decrease in rent according to fluctuations in land prices and market prices.In addition, under the law, among disputes for rent revision, first of all, for small disputesarbitrationThere is also a system in place to do this.
      Once about the rentLand rent control ordinanceWas regulated by, but was abolished in 1985 (Showa 60)[33]..The Temporary Disposal Law for Leased Land in the Damaged City stipulates restrictions on land rent and rent (Article 17 of the Temporary Disposal Law for Leased Land in the Stricken City).
    • Setting / changing / regulation of tenant fees
      The Civil Code allows you to request a reduction if you can only raise less than the rent due to force majeure in a peasant relationship.ReleaseAlso admit (609 article,Article 610).However, regarding the right to claim a reduction in rent on farmlandFarmland lawIt is said that the application of this provision of the Civil Code is limited to the leasing of forests, etc.[34].
    • Partial loss of rented items, etc.
      If part of the rented item cannot be used or earned due to loss or other reasons, and if it is due to reasons that cannot be attributed to the lessee, the rent shall be used and used. It will be reduced according to the percentage of the portion that can no longer be profitable (611 articleItem 1). The Civil Code before the 2017 amendment stipulated a request for a rent reduction for the lessee, but the 2017 amendment of the Civil Code (enforced on April 2020, 4) caused the lessee to be responsible for the partial loss of the rent. If you can no longer use the profit, it will be reduced naturally even if you do not request a rent reduction.[9].
  • Obligation to store objects
    The lessee is responsible for storing the objectDuty of cautionTake on (Article 400), And we are obliged to comply with the usage regarding its use.[35][31][32].
  • Obligation to return the object / Obligation to restore the original state
    • Obligation to return the object
      The lessee is obliged to return the object when the contract is terminated (Article 601).It is a basic obligation of the lessee, and Article 2017 was amended and clarified in the Civil Code revised in 2020 (enforced on April 4, 1).[10].
    • Obligation to restore the original state
      The lessee shall, when the lease is terminated, in the case of damage caused to the rent after receiving the rent (excluding the wear and tear of the rent caused by normal use and income and the aging of the rent). Obliged to restore the damage to its original state.However, this shall not apply if the damage is due to reasons that cannot be attributed to the lessee's blame (621 article).
      Restoration to the original state is to return the object to the state before the contract.If the object is damaged more than it would have been profitable from use in the usual way, it will appear as an obligation to repair it or compensate for the damage (note that).DepositIf is issued, the lessor will start from the security depositOffsetcan do).
      621条は2017年改正の民法(2020年4月1日法律施行)で明文化された規定で、判例(最判平成17年12月16日集民218巻1239頁)に基づき通常損耗や経年変化を対象から除外した[9]..In addition, damage caused by reasons that cannot be attributed to the lessee's blame was also excluded from the target according to the conventional general understanding.[9].
      Article 621 is a voluntary provision, and it is possible to oblige the lessee to restore the original condition such as normal wear and tear to a certain extent with a special contract, but the lessee is a consumer and the special contract isConsumer Contract LawIf it is a disadvantageous special contract contrary to Article 10, it may be invalidated.[9].
    • Collection right / obligation
      The provisions of loan and use apply mutatis mutandis (616 article).In principle, the lessee has the right to withdraw or the obligation to withdraw when the lease for use is completed when there is an item attached to it after receiving the rent (Articles 616 and 599).[10]..In the Civil Code before the 2017 amendment, there was only the provision of the borrower's right to withdraw, and the obligation to withdraw was recognized by interpretation, but the Civil Code amended in 2017 (enforced on April 2020, 4) The obligation to withdraw was clearly stated[36]..However, as in the conventional interpretation, there is no obligation to collect items that cannot be separated from the borrowed items or items that require excessive costs to separate (Article 599, Paragraph 1 proviso).[10][36].
      Under the Land Leasing Law, the lessor must accept the purchase of the increased value if requested by the lessee (for buildings on the leased land).Land and House Lease Law Article 13, About the structure attached to the rented houseLand and House Lease Law Article 33).

Security deposit / rights / renewal fee

  • Security Deposit-According to Article 622-2, Paragraph 1,DepositIs, regardless of the name, the money that the lessee delivers to the lessor for the purpose of collateralizing the rent obligation or other debt for the purpose of providing money to the lessee based on the lease. Say. The Civil Code revised in 2017 (enforced on April 2020, 4) stipulates the definition of security deposit, the timing of security deposit refund obligations, and the provisions for security deposit allocation based on judicial precedents and general understanding.[9][10].
  • Right money-In many cases, the lessee is required to pay the consideration (reward) for the lease contract itself, and this consideration is paid.key moneyIt's called (Reiki).When a contract is concluded, the money paid in addition to the security deposit is collectively referred to asRight moneyThere are also cases.
  • Renewal Fee-Sometimes it has been agreed to pay money when renewing the contractRenewal feeCalled.

Effectiveness against third parties-Perfection against lease rights

Perfection of real estate lease rights

Civil law

If the object is real estateLease right setting registrationWhen you do, you can oppose the person who acquired the property right for the real estate and other third parties (605 article).

However, unless there is a special provision under the Civil Code, the lessee does not have the right to request registration from the lessor (common law / case law. As a case law, large format 10/7/11 Minroku 27th page 1378)[37]..Therefore, the Building Protection Law, Land Lease Law, and House Lease Law were enacted, and a system was put in place to make it easier to counter new owners.Then these provisionsArticle 10 of the Land and House Lease Law (Perfection against land lease rights, etc.),Article 31 (Perfection against building leasing, etc.)Is absorbed by.In addition, Article 2017 before the 605 revision was said to be "a person who acquired the property right for the real estate", but since it is generally understood that it includes double renters, etc., the Civil Code revised in 2017 ( "Other third parties" was added in (law enforcement on April 2020, 4)[10].

In the case of a real estate lease right with perfection requirements, the lessee requests the suspension of the obstruction when the third party obstructs the possession of the real estate, and when the third party occupies the real estate. You can request the return of real estate (Article 605-4).The right to request the exclusion of obstruction and the right to return the lessee based on the real estate lease right with perfection requirements was stipulated in the Civil Code revised in 2017 (enforced on April 2020, 4).[9].

Land rent law
  • Leasehold
    Even if the land lease right is not registered, a perfection is recognized when the land lease right holder owns a registered building on the land (Article 10, Paragraph 1 of the Land Lease Law).
  • Lease right
    Even if the building is not registered, a perfection is recognized when the building is delivered (Land Lease Right, Article 31, Paragraph 1).
Temporary disposal method for rented land in the affected city (abolished)

From the time when the damaged building was lost or the evacuated building was removed, those who have a leasehold right on the site of the building or its replacement land do not have to register the leasehold right and the building on the land. , With this, it has a countervailing force within 21 years from July 7, 1 (Temporary treatment method for rented land in the affected cityArticle 10).

Farmland law

Leasing of farmland or pasture grazing land is permitted by delivery of farmland or pasture grazing land (Agricultural Land Law Article 16; former Agricultural Land Law Article 18).

Perfection of movable property lease rights

There is no clear statement in the Civil Code as to when a lease right for movable property can be claimed against a new owner.If the movable property has been handed over, in other words, the movable propertyOccupancyIf so, even if the owner of the object changes, it is possible to insist on the new owner.In other words, there are many theories that delivery (occupancy) is a perfection requirement in terms of interpretation.

Leasing party

Transfer / sublease of lease right

Transferring all rights and obligations related to the object rented by lessee B from lessor A to third party C and B leaving the lease relationshipTransfer of lease rightIn addition, when the object rented by lessee B from lessor A is further rented to a third party C and the original lease relationship (lease agreement between AB) continues.Sublease(Lending again)[38][39].

Under the Japanese Civil Code, subleasing or transfer of lease rights without the consent of the lessor cannot compete with the lessor and causes the cancellation of the lease contract (Article 612).This point isProperty rightsIsGround rights,Permanent tenant rightIt is different from such.

However, the transfer of the lease right is permittedThe United KingdomThere are countries like this, and even in JapanGustave Emile BoissonardWas recognized in the old Civil Code drafted byCode controversyAs a result ofEnforcementWas not done)[40].

The reason why the Japanese Civil Code does not allow unauthorized transfer or subleasing is that if the transfer is made to an undiligent peasant or an unfunded renter, the rent payment becomes uncertain and the usage method It is said that this is because there was concern that the lessor would suffer unexpected disadvantages due to the transfer to a bad renter.[40][39].

The lessor's consent required for the transfer or sublease of the lease right may be given to the transferee or sublessee in addition to the lessee.[41].

Transfer with the consent of the lessor

When the lease right is transferred from the lessee B to the transferee C, the previous lessee B withdraws from the contractual relationship and the contractual relationship is transferred between the old lessee A and the new lessee C. ..However, the legal relationship regarding the security deposit will not be transferred to the new lessee (transferee of the lease right) (Minshu 53/12/22 Minshu Vol. 32, No. 9, p. 1768).[42].. Once A approves the transfer of the lease right, it cannot be withdrawn even before the transfer contract of the lease right is concluded between B and C, which is a third party (maximum casebook 30).・ May 5 Minshu Vol. 13, No. 9, p. 6).

Sublease with the consent of the lessor

Subleasing to sublessee C by lessee B with the consent of lessor A is of course valid and does not cause cancellation (612 articleSee item 1).If there is a legitimate sublease, as long as B's lease right meets perfection requirements, C will give B's lease right to a third party even if C does not have perfection requirements for its own sublease right. You can use it to claim your own sublease right (Minshu 39/11/20 Minshu Vol. 18, No. 9, p. 1914).

  • Lessor-Renter
    The previous legal relationship between lessor A and lessee B continues[42]..It does not prevent the lessor A from exercising its right (rent payment claim right, etc.) to the lessee B (613 article2).
  • Tenant-Sublesser
    • A new lease legal relationship is established between lessee B and sublessee C[42].
    • When the lessee legally subleases the rented property, the sublessee shall sublease the lessee's obligations to the lessor, up to the extent of the lessee's obligations under the lease between the lessor and the lessee. Obliged to perform directly (613 article1st paragraph).Since the lessor A and the sublessee C do not have a direct contractual relationship, in principle there should be no contractual legal relationship between them, but in the Civil Code, the sublessee C is the lessor for convenience. It says that it has a direct obligation to A[43]..The lessor A can also receive the rent directly from the sublessee or C, but since it is not for the lessor to make an unexpected profit, the amount that the lessor can charge the sublessee is the rent and the sublease. The lower amount is the limit[44].. In the Civil Code revised in 2017 (enforced on April 2020, 4), the phrase "up to the range of the lessee's debt based on the lease between the lessor and the lessee" was added.[10]..For example, in the above example, if A rents A real estate to B for a monthly rent of 20 yen and B rents to C for a monthly rent of 30 yen, the amount that A can charge C is 20. It is 15 yen. If B rents to C for a monthly rent of 15 yen, A can charge C for XNUMX yen.
    • The sublessee's obligation to pay rent to the sublessor and the lessor isSolidarity ClaimsIt is sometimes said that there is a relationship.In addition, the sublessee cannot compete with the lessor even if the rent is paid in advance to the lessee (sublessor) (613 articleThe latter part of item 1).
    • If subleased, the original lease agreementReleaseThe question is whether the sublessee will be affected when it is done.
      • The lessor makes the original lease contractDefaultIt is said that the sublessee loses the right to use and profit from the object if it is canceled by (Minshu 9 Minshu Vol. 2, No. 25, p. 51).[45]..In this case, it is not necessary to give the sublessee an opportunity to pay the overdue rent (Minshu 37/3/29, Minshu Vol. 16, No. 3, p. 662).
      • On the other hand, if the lessee legally subleases the rented property, the lessor cannot counter the sublessee by canceling the lease agreement with the lessee (Article 613, Paragraph 3). Article 613, paragraph 3 was stipulated in the 2017 revised Civil Code (enforced on April 2020, 4).[10](In the case law, even if the lessor and the lessee cancel the original lease agreement, the sublessee cannot counter the effect of the cancellation of the agreement unless there are special circumstances, and the sublessee continues to be the object. (Supreme Court decision on February 37, 2). However, if the lessor had the right to cancel due to the default of the lessee's debt at the time of the cancellation, this shall apply. Not (Article 1, Paragraph 613 proviso).
Transfer / sublease without the consent of the lessor
  • Tenant-Assignee / Sublessee
    Since the contract between the lessee and the transferee / sublessee is valid, the lessee cannot request the transferee or sublessee to surrender, and the lessee gives consent to the lessor without delay. Create an obligation to get[46][41][47]..However, since the transferee / sublessee cannot oppose the lease right to the lessor, the lessee must take collateral liability if the transferee or sublessee's profits from use become difficult due to the surrender to the lessor (561 article).
  • Lessor-Renter
    If the lessee subleases the object or transfers the lease right without permission, the lessee may cancel the contract (612 article).However, it is a case law that the right to cancel does not occur if there are special circumstances that do not allow the unauthorized subleasing of the land to be recognized as an act of betrayal to the lessor (Minshu 28/9/25). Vol. 7, No. 9, p. 979)[48]..This also applies to unauthorized transfer (Minshu 39/6/30 Minshu Vol. 18, No. 5, p. 991) and renting rights.They areThe doctrine of breaking trustAlthough it is explained as[41]As a general rule, unauthorized transfer / sublease has credibility, but the right to cancel does not occur only when there are special circumstances that are not sufficient to be recognized as an act of traitor to the lessor. The lessee bears the burden of proof[49][41].
    In addition, the lessor can also request the transferee / sublessee to surrender while keeping the lease agreement with the lessee, and in this case, the majority theory allows only the delivery to the lessee. However, the judicial precedent also allows delivery to the lessor (Minshu 26/5/31 Minshu Vol. 5, No. 6, p. 359).[42].
  • Lessor-Assignee / Sublesser
    The transferee / sublessee will be placed in the position of an illegal occupant with respect to the lessor, and the lessor will deliver the object of the lease to the transferee or sublessee regardless of whether the contract with the lessee is canceled or not. Other thanRestitution for Damages(Minshu 41/10/21 Minshu Vol. 20, No. 8, p. 1640)[46][41]
Amendment by the Land and House Lease Law, etc.

Land rent lawIf applies, subleasing or transfer of leasehold rights may be relatively easy.In other words, with regard to land lease contracts, in certain cases, even without the consent of the lessor.裁判 所With the permission of, you can sublease or transfer (Land and House Lease Law Article 19,20 article).

According to this provision (especially Article 20), for buildings on leased landMortgageIt is assumed that is set.In other words, the mortgage is executed and the building on the leased landAuctionWhen hung and bought, the land lease right as well as the ownership of the building is a "subordinate right" (Obedience(Refer to the item in) and transfer to the purchaser (Minshu 40/5/4 Minshu Vol. 19, No. 4, p. 811).However, it is nothing but the unauthorized transfer of the lease right (land lease right), and in principle it causes the cancellation of the land lease contract.Such provisions are necessary because this makes it virtually impossible to set up a mortgage.

When the land lease contract / rental contract is terminated due to the expiration of the term or a cancellation request, the lessor cannot counter the termination of the contract without notifying the sublessee (Land and House Lease Law Article 34).When the lessor gives notice of termination, the sublease will be terminated 6 months after the notice.

End of lease

Cause of termination of lease

Civil Code Principles

term's end

Leases with a fixed term will end when the contract term expires (616 article-597 article).In this case, the parties may reserve the right to cancel within that period (618 article).However, it has been amended by special laws (Land Lease Law and Agricultural Land Law).

Cancellation request

Leasing with no fixed term or619 articleIn the case of a lease that has been implied by the above, the lease will be terminated after a predetermined period has passed from the date of the offer due to the request for cancellation (617 article)[50][51]..Even if the lessee returns the object immediately after applying for cancellation, the lessee will continue to be obliged to pay the rent for the prescribed period unless there is a special contract.

  1. Land lease 1 year
  2. Building lease 3 months
  3. Movables and rental seats for rent 1 day

However, this provision has been amended by special laws (Land Lease Law and Agricultural Land Law).

Release

As long as the lease is also a contract, if the lessee does not pay the rent or violates the contractual usage obligationDefaultHowever, if this is easily accepted, the lessee will lose the foundation of life such as residence and business, especially in real estate leasing, so the judicial precedent states that the relationship of trust between the parties has been destroyed. Based on whether or not it is approvedThe doctrine of breaking trust(Supreme Court 39/7/28 Minshu Vol. 18, No. 6, p. 1220)[52][53]..It should be noted that unannounced cancellation is also permitted in cases where the default is malicious (Minshu 27/4/25 Minshu Vol. 6, No. 4, p. 451).[54][55]..However, the cancellation notice has been amended by the Agricultural Land Law.

In addition, the Civil Code grants the lessee the right to cancel in the following cases.

  • Preservation acts against the will of the lessee
When the lessor attempts to preserve the property against the will of the lessee, and as a result, the lessee cannot achieve the purpose of the lesson (607 article).
  • Cancellation due to decreased sales
When you continue to earn less than rent for more than 2 years due to unavoidable force (610 article).
  • Partial loss of rented items, etc.
If a part of the rented item cannot be used or earned due to loss or other reasons, and the lessee cannot achieve the purpose of renting with only the remaining part, the lessee shall be able to make a contract. Can be canceled (611 article2).
If the Civil Code before the 2017 revision allows a rent reduction request (due to reasons that cannot be attributed to the lessee's blame), the lessee's rented purpose cannot be achieved with only the remaining portion. At that time, the lessee was supposed to be able to cancel the contract. Under the Civil Code revised in 2017 (enforced on April 2020, 4), unlike the reduction of rent due to partial loss of rent (Article 1, Paragraph 611), only the portion remaining due to partial loss of rent, etc. If the lessee is unable to achieve the purpose of the lessee, the lessee can be canceled regardless of whether or not there is a reason for the lessee's responsibility (Article 1, Paragraph 611).[9]..In addition, if the lessee has a cause of liability and the lessor suffers damage, the lessor can claim damages as a default.[9].
  • Unauthorized transfer / sublease without permission
When the lessee has a third party use or make a profit without obtaining the consent of the lessor (612 article(Section 2)
Lost object

If all of the rented property cannot be used or profited due to loss or other reasons, the leasing will be terminated by this (Article 616-2). Article 616-2 is stipulated in the Civil Code revised in 2017 (enforced on April 2020, 4).[10]Until then, if the object of the lease was lost due to a fire or the like, or if it became difficult to use due to aging, it would be impossible to fulfill and the lease would be terminated.[56][57][55].

In this case, (1) when there is no reason for responsibility on both sidesRisk taking(2) If the lessor has a cause of liability, the lessor will be liable for default (due to the nature of the lease, it is understood that no rent obligation will be incurred if all are lost). (3) When the lessee has a cause of responsibility, the rent obligation remains theoretically, but the lessor is obliged to redeem the profit (equivalent to the rent) that escaped the obligation (the amount equivalent to the rent).536 articleSince the rent obligation is substantially extinguished due to the burden (the latter part of paragraph 2) (there is a theory that the rent obligation does not occur as long as there is no usage income due to the nature of the lease contract).[58][55].

Restrictions under the Land and House Lease Law

Request for renewal / continuation of use at the end of the period
  • In the case of a land lease contract
    • When the term of the land lease expires, when the land owner requests renewal of the contract or when the land owner continues to use the land, in principle, it is the same as the previous contract only if there is a building. It is considered that the contract has been renewed under the conditions of (Land Lease Law, Article 5, Paragraph 1, Text, Paragraph 2).As an exception, when the land lease right setter makes an objection without delay, it is said that this is not the case (Land Lease Law, Article 5, Paragraph 1, proviso, paragraph 2), but this objection is made by the land lease right setter. In addition to the circumstances in which the land lease right holder (including the sublease right holder) requires the use of the land, the previous progress regarding the land lease and the land use status, and the land lease right setter as a condition for the land to be surrendered or the land is cleared. In consideration of the offer to provide property benefits to the landlord in exchange for delivery, it is said that it cannot be stated unless it is recognized that there is a justifiable reason. (Article 6 of the Land and House Lease Law).
    • In addition, when the sublease right is set, the continuation of the use of the land by the sublease right holder is regarded as the continuation of the use of the land by the sublease right holder, and between the land lease right holder and the land lease right setter. The provisions of Article 5, Paragraph 2 of the Land and House Lease Law apply (Article 5, Paragraph 3 of the Land and House Lease Law).
  • Rental contract (Ordinary rent)in the case of
    • If there is a fixed period for leasing a building, the party will not renew unless the other party is notified or the conditions are changed between 1 year and 6 months before the expiration of the period. If you do not give the notice of, it is considered that the contract has been renewed under the same conditions as the previous contract.However, the period is not specified (Article 26, Paragraph 1 of the Land and House Lease Law).
    • Even if the notice set forth in the preceding paragraph is given, if the building lessee continues to use the building after the lease period of the building has expired and the building lessor does not make an objection without delay, the same paragraph shall apply. The same applies (Article 26, Paragraph 2 of the Land Leasing Law).
    • The notice of refusal to renew Article 26, Paragraph 1 of the Land Leasing Law by the building lessor is related to the circumstances that the building lessor and the lessee (including the sublessee) need to use the building, as well as the building lease. The previous process, the usage status of the building, the current state of the building, and the offer that the lessor of the building will provide property benefits to the lessee of the building as a condition of the surrender of the building or in exchange for the surrender of the building. In consideration of the offer, it cannot be done unless it is recognized that there is a legitimate reason (Article 28 of the Land Leasing Law).
    • If the building is subleased, the continuation of use of the building by the sublessee of the building is regarded as the continuation of use of the building by the lessee of the building, and the lessee and lessor of the building The provisions of Article 5, Paragraph 2 of the Land Leasing Law apply to the space (Article 26, Paragraph 3 of the Land Leasing Law).
  • Rental contract (Fixed-term leasehold rights)in the case of
    • When renting a building with a fixed period, it is stipulated that the contract will not be renewed regardless of the provisions of Article 30 of the Land Leasing Law only when the contract is made in writing such as a notarial act. It is possible (the first sentence of Article 38, Paragraph 1 of the Land and House Lease Law).
    • 借地借家法第38条第1項の規定による建物の賃貸借において、期間が1年以上である場合には、建物の賃貸人は、期間の満了の1年前から6月前までの期間に建物の賃借人に対し期間の満了により建物の賃貸借が終了する旨の通知をしなければ、その終了を建物の賃借人に対抗することができない(借地借家法第38条第4項本文)。ただし、建物の賃貸人が通知期間の経過後建物の賃借人に対しその旨の通知をした場合においては、その通知の日から6月を経過した後は、この限りでない(借地借家法第38条第4項但書)。
Restrictions on cancellation request
  • In the case of a land lease contract
Land lease rights with no fixed term will last for 30 years (Article 3 of the Land Lease Law)[59].
  • Rental contract (Ordinary rent)in the case of
    • If the lessor of the building applies for cancellation of the lease under the leasehold right with no fixed term, the lease of the building will end after 6 months have passed from the date of the application for cancellation (Land Lease Law No. 27). Article 1, Paragraph XNUMX)[59]..The provisions of Article 27, Paragraphs 1 and 3 of the Land and House Lease Law shall apply mutatis mutandis when the lease of a building is terminated by a request for cancellation (Article 27, Paragraph 2 of the Land Lease and House Law).
    • As in the case of the notice of refusal to renew Article 26, Paragraph 1 of the Land Leasing Law, the building lessor and the lessee (including the sublessee) use the building when the building lessor requests to cancel the building lease. In addition to the necessary circumstances, the previous progress regarding the lease of the building, the usage status of the building and the current state of the building, and the lessor of the building as a condition for the surrender of the building or in exchange for the surrender of the building to the lessee of the building In consideration of the offer to provide property benefits, it can only be done if it is recognized that there is a legitimate reason (Article 28 of the Land Leasing Law).

In addition, according to the provisions of Article 38, Paragraph 1 of the Land and House Lease LawFixed-term leasehold rightsOf these, when leasing a building for residential use (limited to buildings with a floor area (if a part of the building is intended for leasing, the floor area of ​​that part) is less than 200 square meters), transfer When it becomes difficult for the building renter to use the building as the base of his / her own life due to medical treatment, care of relatives, or other unavoidable circumstances, the building renter applies for cancellation of the building lease. It is supposed to be possible (the first sentence of Article 38, Paragraph 5 of the Land Leasing Law).In this case, the lease of the building will be terminated when one month has passed from the date of application for cancellation (the latter part of Article 1, Paragraph 38 of the Land Leasing Law).

Agricultural Land Law Restrictions

Parties in the lease of farmland or pasture grazing landFarmland lawExcept for cases that fall under any of the items in the proviso of Article 18, Paragraph 1, unless the permission of the prefectural governor is obtained pursuant to the provisions of a Cabinet Order, the lease will be canceled, a request for cancellation will be made, and an agreement will be reached. It is said that you must not give notice that you will not cancel the contract or renew the lease (Agricultural Land Law, Article 18, Paragraph 1).

Effect of termination of lease

If you cancel the lease, the cancellation will only take effect in the future (620 articleFirst stage).In this case, if one of the parties makes a mistake, the claim for damages against that person will not be hindered (620 articleLatter part).

In this case, the time limit for the right to claim damages and the right to claim reimbursement of expenses must be claimed within one year from the time the lender receives the refund (621 article-600 article).

footnote

  1. ^ Read "Chingainin" and "Chingashinin"
  2. ^ Read "Chingakunin" and "Chingarinin"
  3. ^ Ken Kawai, "Introduction to Civil Law 4 Revised Edition of Claims," ​​Yuhikaku Publishing, December 2010, p. 12
  4. ^ Kaoru Yunoki and Takio Takagi, "New Edition Commentary Civil Code <14> Claims 5" Yuhikaku <Yuhikaku Commental>, March 1993, p. 3
  5. ^ a b c d e Toshiyuki Oshima, Masaaki Shimomura, Hiroyuki Kubo, Hiroyuki Aono, "Pre-mail Civil Code 4 2nd Edition" Law Culture Company <α Books>, March 2003, p. 3
  6. ^ a b Ken Kawai, "Introduction to Civil Law 4 Revised Edition of Claims," ​​Yuhikaku Publishing, December 2010, p. 12
  7. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, pp. 2-184
  8. ^ Ken Kawai, "Introduction to Civil Law 4 Revised Edition of Claims", Yuhikaku Publishing, December 2010, pp. 12 and 243
  9. ^ a b c d e f g h i j k l "Clear and quick understanding Points of revision of the credit law and how to learn (PDF)”. Tokyo Bar Association. 2020/5/31Browse.
  10. ^ a b c d e f g h i j k l m n o "Impact of revision of the Civil Code (credit-related) on leasing contracts, etc. (PDF)”. Public Interest Incorporated Association Leasing Business Association. 2020/5/31Browse.
  11. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, p. 2
  12. ^ a b c Ken Kawai, "Introduction to Civil Law 4 Revised Edition of Claims," ​​Yuhikaku Publishing, December 2010, p. 12
  13. ^ a b Sakae Wagatsuma, Tohru Ariizumi, Ken Kawai, "Civil Code 2 Credit Law 2nd Edition" Keiso Shobo, April 2005, p. 4
  14. ^ Supreme Court decision on April 30, 4)
  15. ^ Takashi Uchida, "Civil Code II II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, pp. 2-184
  16. ^ Sakae Wagatsuma, Tohru Ariizumi, Ken Kawai, "Civil Code 2 Credit Law 2nd Edition" Keiso Shobo, April 2005, p. 4
  17. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, p. 2
  18. ^ Ken Kawai, "Introduction to Civil Law 4 Revised Edition of Claims," ​​Yuhikaku Publishing, December 2010, p. 12
  19. ^ (Article 449 of the Chinese Civil Code,Article 214 of the Chinese Contract Law)
  20. ^ (Article 651 paragraph 1)
  21. ^ (1880 article)
  22. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, pp. 2-184
  23. ^ Ken Kawai, "Introduction to Civil Law 4 Revised Edition of Claims", Yuhikaku Publishing, December 2010, pp. 12 and 243
  24. ^ Before the amendment by the Act for Partial Revision of the Civil Code (Act No. 29 of 44), the application of the provisions of Article 604 of the Civil Code (duration of lease) for leasing farmland or pasture grazing land is the same Article. "Twenty years" in the middle was said to be "fifty years" (former Article 19 of the Agricultural Land Law).
  25. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, p. 2
  26. ^ a b Ken Kawai, "Introduction to Civil Law 4 Revised Edition of Claims," ​​Yuhikaku Publishing, December 2010, p. 12
  27. ^ a b Toshiyuki Oshima, Masaaki Shimomura, Hiroyuki Kubo, Hiroyuki Aono, "Pre-mail Civil Code 4 2nd Edition" Law Culture Company <α Books>, March 2003, p. 3
  28. ^ a b Ken Kawai, "Introduction to Civil Law 4 Revised Edition of Claims," ​​Yuhikaku Publishing, December 2010, p. 12
  29. ^ Ken Kawai, "Introduction to Civil Law 4 Revised Edition of Claims," ​​Yuhikaku Publishing, December 2010, p. 12
  30. ^ a b Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, p. 2
  31. ^ a b Toshiyuki Oshima, Masaaki Shimomura, Hiroyuki Kubo, Hiroyuki Aono, "Pre-mail Civil Code 4 2nd Edition" Law Culture Company <α Books>, March 2003, p. 3
  32. ^ a b Sakae Wagatsuma, Tohru Ariizumi, Ken Kawai, "Civil Code 2 Credit Law 2nd Edition" Keiso Shobo, April 2005, p. 4
  33. ^ Sakae Wagatsuma, Tohru Ariizumi, Ken Kawai, "Civil Code 2 Credit Law 2nd Edition" Keiso Shobo, April 2005, p. 4
  34. ^ Sakae Wagatsuma, Tohru Ariizumi, Ken Kawai, "Civil Code 2 Credit Law 2nd Edition" Keiso Shobo, April 2005, p. 4
  35. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, p. 2
  36. ^ a b "Explanation of the main points of the revised credit law (11) (PDF)”. LM Law Office. 2020/5/31Browse.
  37. ^ Ken Kawai, "Introduction to Civil Law 4 Revised Edition of Claims," ​​Yuhikaku Publishing, December 2010, p. 12
  38. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, p. 2
  39. ^ a b Toshiyuki Oshima, Masaaki Shimomura, Hiroyuki Kubo, Hiroyuki Aono, "Pre-mail Civil Code 4 2nd Edition" Law Culture Company <α Books>, March 2003, p. 3
  40. ^ a b Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, p. 2
  41. ^ a b c d e Toshiyuki Oshima, Masaaki Shimomura, Hiroyuki Kubo, Hiroyuki Aono, "Pre-mail Civil Code 4 2nd Edition" Law Culture Company <α Books>, March 2003, p. 3
  42. ^ a b c d Sakae Wagatsuma, Tohru Ariizumi, Ken Kawai, "Civil Code 2 Credit Law 2nd Edition" Keiso Shobo, April 2005, p. 4
  43. ^ Sakae Wagatsuma, Tohru Ariizumi, Ken Kawai, "Civil Code 2 Credit Law 2nd Edition" Keiso Shobo, April 2005, p. 4
  44. ^ Toshiyuki Oshima, Masaaki Shimomura, Hiroyuki Kubo, Hiroyuki Aono, "Pre-mail Civil Code 4 2nd Edition" Law Culture Company <α Books>, March 2003, pp. 3-97
  45. ^ Supreme Court Judgment on February 9, 2, Minshu Vol. 25, No. 51, p. 2
  46. ^ a b Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, p. 2
  47. ^ Sakae Wagatsuma, Tohru Ariizumi, Ken Kawai, "Civil Code 2 Credit Law 2nd Edition" Keiso Shobo, April 2005, p. 4
  48. ^ Supreme Court September 28, 9, Minshu Vol. 25, No. 7, p. 9
  49. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, p. 2
  50. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, p. 2
  51. ^ Toshiyuki Oshima, Masaaki Shimomura, Hiroyuki Kubo, Hiroyuki Aono, "Pre-mail Civil Code 4 2nd Edition" Law Culture Company <α Books>, March 2003, p. 3
  52. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, pp. 2-243
  53. ^ Toshiyuki Oshima, Masaaki Shimomura, Hiroyuki Kubo, Hiroyuki Aono, "Pre-mail Civil Code 4 2nd Edition" Law Culture Company <α Books>, March 2003, pp. 3-101
  54. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, p. 2
  55. ^ a b c Toshiyuki Oshima, Masaaki Shimomura, Hiroyuki Kubo, Hiroyuki Aono, "Pre-mail Civil Code 4 2nd Edition" Law Culture Company <α Books>, March 2003, p. 3
  56. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, p. 2
  57. ^ Ken Kawai, "Introduction to Civil Law 4 Revised Edition of Claims," ​​Yuhikaku Publishing, December 2010, p. 12
  58. ^ Takashi Uchida, "Civil Code II, 3rd Edition, Receivables", University of Tokyo Press, February 2011, pp. 2-245
  59. ^ a b Sakae Wagatsuma, Tohru Ariizumi, Ken Kawai, "Civil Code 2 Credit Law 2nd Edition" Keiso Shobo, April 2005, p. 4

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