Civil Code amendment  2010 last question here was changed!

Hello. It is a giraffe (@kirinaccount).


Following the FY 2011 of the Civil Code


Place the 2010 Civil Code.

This time, we put up “TakuKen past question” question 1 to question 10.

 

(Question 11, Question 12 has skip the Land and House Lease Law, the current fiscal year.)

 

 

 

Heading

1. Question 1 – Question 5
2. question 6 – question 10

 

TakuKen Civil Code question 1 to question 5

 

Problem 1 limited capacity to act

When you sell the land, it means that the escape of the management obligations of the land, when minors are not married to sell the land, the consent of the legal representative is not required.

 

This limb is incorrect.

This is because, in the case of a problem limb, the sale of land is because not correspond to “simply to acquire a right or legal act be relieved of a duty”.

 

 

 

For example,

a. exclusively to acquire a right or escape the obligation only of the act (such as receiving the gift)

  1. Disposal act of property that are allowed from the legal representatives (pocket money, etc.)
  2. Acts in the operating range that is allowed from the legal representative

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The act can be done minors alone as long.

 

 

 

 

2 adult guardian, on behalf of the adult ward, in order to sell the building to an adult ward is in residence, it is necessary permission of the family court.

 

This limb is correct.

This is because, for the building or site its offer for adult guardian on behalf “of the residence, sale, rent, to the setting of the cancellation or mortgage of lease and other similar these disposal, without permission of the family court become not “because there is a (3 of 859 civil Code Article).

 

 

For example, person under curatorship is

Buying and selling of real estate, and do that you set a mortgage on real estate without the consent of the curator, you can undo the act.

 

 

 

About 3 person under curatorship is, not only to sell the real estate, even if you buy daily necessities, there is a need for the consent of the curator.

 

This limb is incorrect.

 

 

This is because, in a case where the person under curatorship to buy daily necessities is because there is no need to obtain the consent of the curator.

For example, “any act relating to everyday life purchase of daily necessities” also for the adult ward

It on has been to be able to alone.

 

4 in order to person under assistance to perform legal acts, it is always necessary consent of the assistant.

 

This limb is incorrect.

 

The reason for this is because the person under assistance is only when performing specific legal act, consent of the assistant is required.

For example,

① minors

The minors, refers to persons under 20 years of age. However, the man is 18-year-old, a woman can be married if the 16-year-old, regarded as the adult person if the marriage, you can not cancel the contract that this person went alone.

⇒ If the minors to marry, but must obtain the consent of parents, is when one of the parents do not agree, it is only the consent of the other.

 

② there due to a failure on the adult guardian spirit the ability to Ben識 the propriety to the “lack” situation, and, says a person who has received a “referee of guardianship start” by the family court.

 

③ by the person under curatorship mental disability in the ability to Ben識 the propriety is “significantly insufficient”, and refers to the person who has received a “referee of curatorship start” from family court.

 

④ due to a failure on the person under assistance spirit, a person the ability to Ben識 is “insufficient” the propriety, and refers to the person who has received a “referee commencement of assistance” from the family court.

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Issue 2 proxy Acts

 

Attorney B, (it is assumed that apparent authority is not approved.)

 

Even after the 1 A died, B does not know the facts of the death of A, and, if there is no negligence that do not know, B is able to sell effectively instep land as an agent of A it can.

 

Apparent authority has been established.

 

This limb is incorrect.

 

Because, because it applies to conditions that apparent authority is established it is the “apparent authority to issue statement and shall not established”.

 

For example, when the apparent authority is satisfied

Person of Defaults which together cause + the other party in good faith no-fault

It must be.

 

Even 2 B died, heir of the B can be sold effectively instep land on behalf of A.

This limb is incorrect.

 

 

This is because, by the death of the attorney B because the agency of B disappears.

For example, if the heirs of B went the Unauthorized Agency Acts, A will be able to reject the ratification.

 

 

 

After 3, which is a 18-year-old B has sold the instep land in C as an agent of A, the reason that that B is a 18-year-old in the case where C is know, C is B is a minor it is possible to cancel the sales contract to.

 

This limb is incorrect.

This is because, C on the grounds that agent B is a limited capacity to act, minors because you can not cancel the sales contract.

 

 

For example, in the case of statutory representation (on behalf of such minors), the legal representative can always appoint a sub-agent, however, in the case of any agency, “When I obtained the permission of the person”, “unavoidable circumstances” is you can not appoint a sub-agent unless a certain time.

 

 

 

Even 4 B is entered into a sales contract between AD as agent for simultaneously buyer D When it is representative of the seller A, in advance, if receiving the acceptance of the A and D, the sales contract is valid.

 

 

This limb is correct.

Because, because “not a legal representative,” the person is licensed in advance.

 

 

For example, “both surrogate” is prohibited as a general rule.

 

New 108 1 Section Article text, self contract and both agency has been revealed to be a set, and they Unauthorized Agency Acts, “regarded as the act that is a person who does not have an agency.”

Civil Code amendment Before / After

 

It has been with.

 

Issue 3 ownership and acquisitive prescription

 

1 Land lease is not a property, since it is receivable under the contract, even as the outline and objective fact that continuous usufruct of land exists, can not be acquired by prescription.

Here you can get prescription. Therefore, it is incorrect.

 

 

This is because, if the aging obtaining easement, because it is “continuously exercised” and “what can externally recognized” meets the contents such requirements.

 

 

For example, in the Civil Code,

First Roku Article

(Acquisitive prescription of ownership)

① twenty years, with the intention of ownership, peacefully and openly those who have possession of the things of others, to acquire its ownership.

2 ten years, with the intention of ownership, peacefully and openly those who have possession of the things of others, at the time of the start of the occupation, it is a good faith, and, when the negligence did not get its ownership to.

 

It has been with.

 

Some of the land 2 occupies believe its own, also contain a portion of the brush of the others adjacent land, satisfy the other requirements, ownership of a portion of the land of others the can be obtained by prescription rights.

 

 

Limb here is the correct answer by the (Civil Code 162 Article-86, paragraph 1, case law).

 

 

This is because, “part of the 1 Brushes of the land, even without the procedure of subdivision, due to aging, the ownership acquisition target.” Because there is a.

 

 

For example,

① required to retrieve the aging of the “three” and “occupation” is

Acquisitive prescription,

 It has a “intention of occupying”

A b “peaceful”, and,

    It is necessary to a certain period of time those of others as “open”, “occupation”.

(To aging acquisition, it is necessary “three occupied”.)

 

The occupation that has the intention of ownership, referred to as a “self-occupied”. Such as the lessee based on the lease contract “other main occupation” is not permitted.

 

Number of years required to ② acquisitive prescription

In order to get a prescription to “hold” it is not satisfied only occupation of the above-mentioned ①.

There is a need to “certain period of time continue” its state. This period will be “one” below.

The beginning of a occupancy is required is a case → 10 years of “good intentions no-fault”

The beginning of the b occupancy is required is a case → 20 years of “malicious” or “Yes negligence”

– good faith or malice or of discrimination, it is determined at “the beginning of the occupation.”

 

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It has been with.

 

3 statute of limitations period, must be the time when the facts serving as a basis for the statute of limitations has been initiated with the starting point, select the starting point in the aging incorporated person, it is not possible to speed up or slow down prematurely aging completed.

 

This is correct.

 

Because we arbitrarily select the starting point is a person who incorporated the acquisitive prescription, there is a is not permitted to speed up or slow down prematurely aging completed.

 

 

For example, those that occupied, not directly occupied only by the owner himself is occupied, it can also be counted period of indirect occupation by such lessee (= proxy occupied).

 

 

 

 

 

 

4-way easement is exercised continuously, and as long as those can be externally recognized, can be obtained by prescription.

 

Limb here is the correct answer by the (Civil Code 163 Article-283 Article-case law).

 

Because easement is continuously exercised, and only those which can be externally recognized, because there is a can be obtained by aging.

 

 

For example, case law, it needs a [that the opening of the road is made by the dominant land owner himself.

 

 

 

Issue 4 Civil Code provisions and case law

 

Where A has purchased the instep land from B, ride name the owner of the instep land C have contact against A. Which of the following descriptions in this case, according to the Civil Code provisions and precedents, any correct one.

 

 

 

1 C also has acquired the instep land from B, claims if the date of the sale and purchase agreement between the date and the BA of the sales contract is the same, even if there is no registration, whichever time of conclusion of the contract ownership can do.

 

 

This limb is incorrect.

 

This is because the instep land has been assigned double in A and C, and in between the AC, better equipped register the earlier, it is possible to claim ownership of the instep land. Because there is a.

 

 

 

For example, if A is equipped with a registration before, you can A to claim ownership.

 

2 instep land from C B, which is sold as A from B, when the sales contract between CB is canceled by reason of which is fastened by duress of B is the time of the sale contract between BA though not, C is able to claim the ownership of a even if there is no registration.

 

This limb is incorrect. “Sale and purchase agreement entered into time between BA” is relevant.

 

 

 

This is because, after canceling the sales contract between CB, when the sales contract between BA was concluded, since the C and A become counterparty, C, unless a registration, the ownership of A because you can not claim to.

 

 

 

For example, C is because of obsessive B, and before withdrawing the sales contract between CB, when the sales contract between BA is concluded, C is the ownership of even A without registration you can claim that.

(Civil Code 96, paragraph 1, Article 121, Article 177, case law)

 

 

 

 

3 If C is claiming that it has acquired ownership of the instep land by the statute of limitations, the sales contract and transfer of ownership registered in between BA have been made during the course of the acquisitive prescription, when the then aging in has been completed, C is able to claim the ownership of a even if there is no registration.

 

 

This limb is correct.

 

Because, because fast is registration of C.

 

 

For example, when the aging of the BA in front of the C of the registration has been completed, C will not be able to claim ownership to the A.

 

4 C is transferred to only registration to no actual sale and purchase agreement in order to escape the pursuit of creditors B, if you entered into a sale and purchase agreement between the A B is multiplied by it, the sales contract between the CB that does not exist above, a can not claim ownership.

 

 

 

This limb is incorrect.

 

 

This is because the good faith of A is, because it is possible to claim ownership against C.

 

For example, in the new law

Reason

To the party and inter-bona fide third party contract

Limited capacity to act

Can compete, you can cancel

scam

– I can not compete, can cancel (good faith, no-fault)

Obsessive-compulsive

Can compete, you can cancel

Kokoroura reserves

Enable (disabled by exception) can not compete

Misstatements

Can not be disabled, combat

Mistake

Can compete, it is possible to cancel

Sex and the City

Can be disabled, combat

Debt default

Can not be released, against

 

It will be.

 

 

After the previous issue 5 mortgage-registration

 

 A bought a building on the land borrowed 20 million yen from B, 2,000 million yen to the land and buildings to set the mortgage to the secured claim B as mortgagee, It was registered. Which of the following descriptions in this case, according to the Civil Code provisions and precedents, Which ones are erroneous.

 

1 If A had borrowed a 5 million yen from C Apart from the B, also mortgage setting contract with B is a prior mortgage agreement with C, mortgage right setting for the mortgagee the C when towards the registration is earlier than mortgage registration to mortgagee the B is mortgage and mortgagee the C is the first order.

 

 

This limb is correct.

 

 

Because, because registration of C has been previously.

 

 

For example, a mortgage, creditors debtor or a third party (Butsujo guarantor) does not transfer the occupied about what was provided as collateral, if the payment is not made, the target compound is other creditors This contract collateral that can receive payment in preference to.

– preferential payment can be received only from the desired product was set a mortgage, also mortgage, not only receivables are satisfied currently, it is possible to set for the receivable to occur in the future you. (Precedents)

 

 

 

2 the building have been given the fire insurance, if the building had been burned by fire, mortgage B can be exercised against damage insurance claims based on the fire insurance .

 

This limb is correct.

 

 

This is because, if it is building given the fire insurance mortgage of B is also for damage insurance claims that its owner by burned in the building to get by Butsujo vicarious mortgage because Affected. (Civil Code 372 Article 304, paragraph 1, case law)

 

 

For example, the features of the mortgage,

① occupation of the transfer … the purpose of the occupation is in the intact setter.

② DakuNaru contract … registration is not satisfied the requirements of the mortgage.

(However, it must be registered in order to compete with a third party.)

③ range of preferential payment rights … preferential payment is such as principal, interest, damages.

And interest other than the principal is limited to the last two years.

• Other If a creditor does not will not be limited to two years.

④ When you transfer the mortgage property transfer … mortgage property of, the consent of the mortgagee is not required.

 

⑤ can set the desired product … mortgage is limited to real estate.

And land, the property rights, surface rights, emphyteusis of the building.

 

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It has been with.

 

3 A after mortgage registration of B is leasing the building against D, if the mortgage in a state in which the building D is using is executed the building was auctioned, D is Kyoraku people to not immediately necessary to vacate the building Te.

 

This is correct.

 

 

This is because, in a state in which D is using, until the expiration of 6 months from the time when the purchaser purchased in the auction of the building, because there is no need to vacate the building.

 

 

 

For example, the potency of the mortgage

Since a land and buildings are separate real estate, that is the building on the land does not Oyobi potency of the mortgage by setting a mortgage only to land.

b added one piece to the (= such as the build-part and trees) are this will also effect the mortgage.

(Ranging regardless of before and after mortgagor)

Appurtenance that existed in c mortgage is set (= tatami, such as fittings) or, minor right also this will also effect of mortgage (= such as leasehold).

d when there is a default on the subject collateral receivables, fruit that occurred after the default (natural, legal) to this will also effect the mortgage.

· The legal fruit Butsujo subrogation, extend the potency of the mortgage by seize before payment pass.

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It has been with.

 

4 If A is to borrow 5 million yen from E as a separate business funds and B, when the purchase price of the land and buildings was 20 million yen, after the repayment of more than 5 million yen to B Otherwise, it is not possible to set the No. 2 mortgage for E to the land and buildings.

 

This limb is incorrect.

 

 

This is because, A (mortgagor), regardless of the amount of secured claim of mortgagee the first rank has, because it is possible to set the number 2 mortgage. (369 Article 1 of the Civil Code).

 

 

 

 

For example, the nature of the mortgage, even mortgage as well as other collateral,obedience, concomitant, indivisibility, there is a Butsujo subrogation property. In particular Butsujo subrogation resistance is important. You can Butsujo subrogation to such insurance of claims in the case of the sale price and rent the sale of mortgage desired product, the mortgage purpose was loss.

 

 

Also, before passing it to pay “seizure” it is necessary points, the same as other collateral.

 

 

TakuKen civil law question 6 to question 10

 

Problems failure to issue 6 debt

 

 

In the case where the parties are not any special agreement on compensation for damages, of the following description of damages claims caused by breach of obligations, according to the Civil Code provisions and precedents, any correct one.

 

 

1 creditor, of the damage which may arise from normal by default of debt, contract entered into at the time, only to what both parties had foreseen the damage occurs, it claims.

 

 

This limb is incorrect.

 

 

This is because, for damages which may arise from the normal by default, the contract entered into at the time, even if you do not have foreseen the occurrence of both parties the damage, creditors, because it is possible to claim compensation. (416 Article 1 of the Civil Code)

 

For example,

In the problem, if there is a default, or “release” the contract, you can be a claim for “damages”.

 

 

 

2 creditors, of the damage caused by special circumstances, the contract entered into at the time, only to what both parties had foreseen the circumstances, it claims.

 

 

Related to 416, paragraph 2, there was the Civil Code amendment.

 

 

This limb is incorrect.

This is because, even in the “caused by special circumstances damage”, when the parties should have been foreseen the circumstances, creditors is because it is possible to claim compensation.

 

(New 416, paragraph 2)

Contract benefit from the amendment (protect the interests of creditors)

Internal consistency will say that with increased.

As a point

• Are the foreseeable

Do not be –

It will be like.

 

 

For example, the Civil Code provisions are,

The old 416, paragraph 2

Even damages caused by special circumstances, parties to foresee the situation, or when it is possible to foresee the obligee may claim compensation.

Civil law

 

The new 416, paragraph 2

Even damages caused by special circumstances, when the parties should have been foreseen that situation, the obligee may claim compensation.

Amendment of the Civil Code

 

It has been with.

 

 

 

Extinctive prescription of damages claims caused by 3 debtors non fulfillment of the obligation to attributable to starts its run when that may demand the performance of the original debt.

 

 

Limb here was amended (Civil Code new 166, paragraph 1), was defined as the statute of limitations in 10 years (No. 2) from the time that it is possible to exercise a five-year (No. 1), right from the time I learned.

 

 

This limb is correct.

This is because, the thing to be completed in the 10 years of the annihilation aging of damages claims, is from the time that may demand the performance of the original debt, because begins its progress.

(New law 166, Paragraph 1 No. 2-precedents)

 

 

For example, we have an aging period per new Article 167 “human life or damages claims by the body of the infringement” as the 20 years.

 

Safety considerations obligation relates to laches of five years,

It will take to disappear aging of 20 years for people loss. (There is no substantive regulations on starting point)

 

 

Even when there is negligence on the part of creditors with respect to 4 debt default, if there is no claim to the effect that the Negligence from the debtor, the court, when determining the liability and the amount of damages, consider the negligence of the creditor It is not possible.

 

 

Civil Code 418 Article (Negligence) had a revision.

 

Because Under the new law to emphasize the spirit of the agreement by the amendment.

 

This limb is incorrect.

This is because, the court is because it is possible to the Negligence ex officio.

For example, the Civil Code provisions are,

Former 418 Article (Negligence)

When there is negligence on the part of creditors with respect to non-performance of the debt, the court, in view of this, define the responsibility and the amount of damages.

Civil law

 

New # 418 Article (Negligence)

When there is negligence on the creditors for the occurrence or expansion of non-performance or damage caused by this debt, the court, in view of this, define the responsibility and the amount of damages.

Amendment of the Civil Code

 

It has been with.

 

Issues Issue 7 Civil Code 423, paragraph 1

 

Civil Code Article 423 has been newly established.

 

Even when the 1 debtor has already exercise their rights, creditors, in order to preserve the self receivables, there is a case to be able to exercise the creditor subrogation rights under Civil Code Article 423.

 

This is incorrect.

Because, because the debtor has already exercised the creditor subrogation rights.

 

For example, as the relevant case law,

Creditors can not exercise the creditor subrogation rights overlap with the exclusion or debtor the debtor. Has been with the (Civil Code 423, paragraph 1, the most determine 28.12.14).

 

 

Buyer 2 unregistered buildings to conserve registration of transfer claims of a building on a seller, and vicarious the seller may be able to perform the ownership saving registration procedures of the building.

 

This limb is correct.

Because, because the buyer can be a diversion of registration.

For example,

 

The new law 423 Article 7 paragraph

(Creditor subrogation rights to preserve the right to claim registration or registration)

Registered or to be registered right acquisition and loss and the change of the person who handed the property that can not be a third party against, claims that the transferor should the registration procedure or the registration process with respect to a third party If you do not want to exercise the right to, be able to exercise their rights. In this case, it shall apply mutatis mutandis the provisions of the preceding three Articles.

Of the revised Civil Code 423 Article 7

(Civil Code 423 Article 7, large-format large 5.2.2.)

It has been with.

 

 

 

3 lessee of the building, in order to preserve the claims for determining the use revenue to lessor (building owners), and vicarious the lessor, according to vacate the self the building directly to squatters of the building there is a case that can be.

This limb is correct.

 

This is because, the lessee to exercise the creditor subrogation rights, because it is possible to exercise the conservation receivables.

 

For example, not a requirement insolvent of squatters.

 

 

 

4 mortgagee, to conserve claims seeking to properly maintain or store the property to the owner of the mortgage real estate, and vicarious exercise interference exclusion claims of their owners, illegal the property it may be possible according to relinquish its real estate directly self respect occupant.

 

This limb is correct.

 

This is because, by the third party by law 423, paragraph 1, precedents are squatter mortgage real estate, in the state as exercise of preferential payment right mortgage hampered the realization of exchange value mortgage real estate becomes difficult some time, mortgagee, to properly maintain the property to the owner of the mortgage real estate or

 

 

To preserve the claims seeking to preserve, because it can be claimed that vacate by vicarious exercise disturbance removal rights claims of their owners to the illegal occupants against self its properties directly.

 

 

 

For example, although the above-mentioned case law is a quotation about the mortgage,

In the new law

If the squatters if you have a lease has been occupied illegally have been necessary to combat requirements, such as possession of registration and building of leasehold.

 

 

Problem 8 warranty issues

 

 

(1) A person to be a guarantor is not taken to contact the principal debtor, even if guarantees to remain creditor does not receive a commission from the coterie, the guarantee contract is approved effective.

 

 

Here is the correct answer.

This is because, guarantee contracts, because is entered into by the creditor and the guarantor.

For example, guarantee contracts in writing (or electromagnetic records), and effectively established.

 

2 guarantor and made to persons, if the clear intention of intent to guarantee every particular debt verbally to the creditors, the guarantee contract is approved effective.

 

 

This limb is incorrect.

This is because, guarantee contracts unless it is made in writing, because not become effective.

For example, root guarantee contracts, we raised are guaranteed by notarial deed.

 

 

 

3 guarantor if not the guarantor may be claimed perform the obligation from creditors, can charge the first PC 10_1 notification to the principal obligor creditors. However, when the principal debtor has received the decision of the bankruptcy proceedings, or when whereabouts is unknown, this does not apply.

 

 

This limb is correct.

This is because the guarantor of the case is not a guarantor is because with the defense rights of the notification.

For example, (452 ​​Civil Code Article) When the principal debtor has received the decision of the bankruptcy proceedings, or when whereabouts is unknown, it is not possible to exercise the defense rights of this notification. It has established with.

 

 

 

4 If the guarantor is present two people, even if there is no treaty of solidarity in solidarity guarantee human, guarantor owe the assurance responsibilities for their full amount.

This is correct.

This is because, in the case of a guarantor, because there is no benefit of separation.

For example, if it is not guarantor has profits of separation.

 

Even if guarantor receives a claim, its effect is not inferior to the principal debtor as a general rule (the new 458 Article-411 Article text), prior agreement is required to effect expansion (Tadashi new 458 Article-441 Article book).

In addition, the new law on the one hand to abolish the system of Shoji aging, has established an aging period of double, creditors the possibility of a statute of limitations of 10 years from the due date (the new 166, Paragraph 1 No. 2) exercise is to prepare a 5-year Notes (paragraph No. 1) from the time of recognition.

 

If the renewal contract and confusion has been established with respect to guarantee debt also, the principal obligation is extinguished, and later becomes a reimbursement issue (new 458 Article-438 Article-440 Article).

  Before / After the Civil Code amendment

 

 

Cancellation of the problem 9 contract

 

 

(Ruling)

 

 Also the balances relationship that format between the same parties in a case consisting of upper contracts and Party B contracts such two or more contract, is associated closely with each other at the their intended, conventional wisdom on instep in the case where only one of the contract or party B contract is fulfilled is deemed purpose entered into an agreement is not achieved as a whole, because of the default of the debt on the instep contract, the creditor is a legal right to cancel it can be released also the Otsu contract in conjunction with the instep contract as exercise.

 

 

 

2 error-correct answer

 

  If the instep contract and Party B contract has been made between the same parties, only when the that the debt of the instep contract is performance has been displayed on the agreement of Party B contract to be essential to the achievement of the objective of Otsu contract, instep it can be released also the Otsu contract in conjunction with the instep contract because of the non-performance of contractual obligations.

 

 

 

This limb is incorrect.

Carapace Otsu contract thought you might be not limited to the time that has been displayed in the contract].

This is because, the clue “conventional wisdom on, – Jia contract or Party B contract” because the judgment that has been.

 

For example, postamble is “not out to be also released the Client contract in conjunction with the instep contract because of the default of the debt on the instep contract.”

If the contents of the spirit, such as, I think we can say with the correct answer.

 

 

 

Description of the problem 10 will

 

1 handwritten certificate will also have to print the contents of a word processor, etc., and dictionary the date and name, if the stamp, is an effective testament.

This is incorrect.

Become effective even if printing is performed with a word processor, etc. are the property inventory.

– was revised on January 13, 2019.

Create a catalog in PCs

– Attach a copy of the passbook

 

 

– the handwritten certificate will, the testator is dictionary in its entirety, date and name, this is because not have to be stamped is a principle.

 

For example, limb 1 property inventory, even if printing the contents of a word processor, etc., and dictionary the date and name, if the stamp, is an effective testament.

If only for general reference.

 

 

If the approaching person is testament to the exigencies of death by 2 plague, if you go delegate to the notary office with 2 or more people of the witness, it is possible to effectively create a notarized wills.

This limb is incorrect.

Notarial deed if the will is due, the original witness more than one witness, notary public and dictation of the testator, (there is almost no such alteration) carried out in a fair deed. In the case of people who do not dumb, it may be to dictation of interpreters

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This is because, when a person who is rapidly approaching death by plague the wills, with the attendance of more than three witnesses may be oral instruction the intent of the will to that one person, to do this. Because there is a.

 

 

For example, the secret deed will

 

The seal was last will and testament submitted to the notary public, notary, the testator, witnesses two or more people are making a statement to sign and seal the sealed letter

(Content can be in secret.)

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It has been with.

 

3 Even a minor, a person who has reached 15 years of age, it is possible to effectively wills.

 

This limb is correct.

This is because the will is the case of minors can be if more than 15 years of age. Because there is a.

 

For example, the handwritten certificate will include those without a date will be “invalid”.

 

 

 

4 couple or relatives related person, it is possible to effectively will at the same deed.

 

This limb is incorrect.

 

This is because the will is from two people or more persons can not be in the same deed (975 Civil Code Article).

 

For example, it approved a waiver of inheritance, and within three months from when the decedent was aware that there was a start of the inheritance to the self to death is referred to as the deliberation period

Tanjung approval

Limited Approval

– abandonment

It can be within 3 months from the time when there was a start of his inheritance. (It is not within three months from the time that the heir is dead)

 

Civil Law (inheritance law) amendment,

2020 April 1 (water) enforcement

Point

 If the spouse had been living in the building of the decedent owned at the time of the commencement of the inheritance, spouse, by obtaining the spouse residence rights in heritage division, whole life or a certain period of time, it is resident at no charge to the building You will be able to. It can also decedent to acquire a spouse residence rights to the spouse by bequest or the like. (See page 9 Q2 & Q3)

Ministry of Justice

 

You are.

 

Be careful to health .

Please do its best to pass.

We support you.

 

 

Tweetよろしくお願いします!