Notes On The Civil Code Of Japan PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ... Now under Japanese law, the consignor might plead Art. 697 in favour of subsequent ratification, as his agent acted in his interest, but to admit that plea would give a very (Tangerous latitude to ratifications, and, but for the fact that it would be showing rogues the way, we might give an illustration in a fictitious case demonstrating how such latitude might be taken advantage of to perpetrate extensive frauds on merchants outside of the conspiracy, or on financial institutions. And the perpetrators of the fraud could not be touched. The absence of provisions dealing with the ratification of unauthorized acts by agents therefore is a most serious delect in the Civil Code which shows both carelessness and disregard of some of (ho elementary principles in Agency. Unlawful Profits. The desire of a considerable number of people in all countries is to make profits out of their dealings with others and leave them to find out whether those profits are lawful or not, and it will depend upon the nature of the transaction whether criminal or civil law must be appealed (o for redress. Criminal law will govern cases where criminal intent can be proved, whilst civil law will mostly deal will cases arising from ignorance or avarice. Art. 730 says: -- Any one who wil.hnut lawful reason has derived profits from the property or the services of another and has thereby caused him Iosr, must make restitution to the extent of his enrichment. The article makes il a condition Hint (lie perron out of whose property or services the unlawful profit has been made roust have suffered a loss. This seems to be in conflict witli the principle of agcnry that no agent is >ermilled to acquire any personal benefit in the course or by means of his agency without the..