Here I would like to introduce the actual civil code map. However, the map is on the large paper which joined several sheets of A4 paper. So, I introduce the excerpt version I used to explain the concept of the claim for engineers.
There are five sections in the Civil Code. This time, we focus only on section 2 and 3.
Section 2 is “Real Right.” There are ten chapters in section 2. This time I introduce only the first three.
- “Chapter 1 General Provisions”
- “Chapter 2 Right of Possession”
- “Chapter 3 Right of Property.” (For English readers: I do not know the legal system in your country. In Japan, these two rights are separate.)
There are five chapters in Section 3 “Claim.” Let’s see it all.
- “Chapter 1 General Provisions”
- “Chapter 2 Contract”
- “Chapter 3 Administrative Management”
- “Chapter 4 Unfair Gains”
- “Chapter 5 Illegal Act”.
Chapters 2 to 4 categorize the Claim according to their cause. Let’s take a look at Section 3 Claim, Chapter 2 Contracts. Here are 14 clauses. I introduce some of them.
- “Section 1 General Provisions”,
- “Section 2 Gifts”,
- “Section 3 Trading” …
- “Section 9 Subcontractor”
- “Section 10 Delegation” …
There is a Contract as a cause of the occurrence of the Claim, and there is a Gift as a type of Contract. Let’s see an article.
Gift gives effect as one party displays the intention of giving one’s own property free of charge to others and acceptance by the opponent. --- Civil Code, Part 3 Claim, Chapter 2 Contract, Section 2 Gift, Article 549
In other words, If I say “I give you this book free of charge,” and you accept it, the effectiveness of the gift contract occurs. Then you have the right to claim “give me a book” to me. It is a specific example of a claim.
The page is quite limited, but I told you roughly what the civil code map likes. The actual map has all the parts and chapters omitted this time. In addition, there are subsections and subsubsections. At the leaf of the tree, the corresponding article numbers are shown. For example, “Part 3 Claim, Chapter 1 General provision, Section 5 Disappearance of loans, Subsection 1 Deposit, Subsubsection 2 Deposits of payment objective (494 - 498)”, subsubsection 2 corresponds to article from 494 to 498.
Keywords: civil code map