Overview of Civil Code
I'd like to provide an overview of Civil Code.
Civil Code is divided into 5 Parts.
General Provisions, Real Rights, Claims, Relatives, and Inheritance.
This is called Pandekten system.
Lawyers naturally use this way of thinking when drafting and reading laws and contracts.
For example, the definition of real estate is land and its fixtures.
It is defined in General Provisions.
Because there is no need to define it separately in the sections on Real Rights, Claims, Relatives, and Inheritance.
A simple example is a contract.
There are various types of contracts, such as sales contracts, lease contracts, etc.
You may know possession, ownership, and mortgage.
In a real estate transaction, the buyer pays for the property in order to acquire ownership of it.
When they borrow money from the bank to prepare the price for the real estate transaction, they will have a mortgage on the real estate.
- To read this article in Japanese
- To return to Introductory course in Japanese real estate laws
Civil Code is divided into 5 Parts.
General Provisions, Real Rights, Claims, Relatives, and Inheritance.
General Provisions
In order to compile the law systematically, there is a style of prescribing general and abstract matters first.This is called Pandekten system.
Lawyers naturally use this way of thinking when drafting and reading laws and contracts.
For example, the definition of real estate is land and its fixtures.
It is defined in General Provisions.
Because there is no need to define it separately in the sections on Real Rights, Claims, Relatives, and Inheritance.
Claims
This is the relationship of rights between a person and another person.A simple example is a contract.
There are various types of contracts, such as sales contracts, lease contracts, etc.
Real Rights
Rights over things.You may know possession, ownership, and mortgage.
In a real estate transaction, the buyer pays for the property in order to acquire ownership of it.
When they borrow money from the bank to prepare the price for the real estate transaction, they will have a mortgage on the real estate.
- To read this article in Japanese
- To return to Introductory course in Japanese real estate laws