【文章內容簡介】
ffective if it has been delivered through the use of a bailiff. The delivery is made in accordance with the provisions of the Code of Civil Procedure.(2) If the declarant, not because of negligence, does not know the person to whom the declaration must be made, or if the whereabouts of this person is unknown .the delivery may be effected in accordance with the provisions of the Code of Civil Procedure relatingto the public service of a summons. In the former situation the District Court petent to grant approval is the one in whose district the declarant has his residence, or, if he has no residence within the country, his abode。 and in the latter situation the District Court petent to grant approval is the one in whose district the person to whom delivery is required to be his last residence, or, if he had no residence within the country, his last abode. 167。 133. [Interpretation of a declaration of intention] In interpreting a declaration of intention the true intention shall be sought without regard to the declaration39。s literal meaning.167。 134. (Statutory prohibition] A legal transaction which violates a statutory prohibition is void, unless a contrary inten252。on appears from the statute.167。 135. [Statutory prohibition ot alienation](1) If the disposition of an object violates a statutory prohibition against alienation which aims only at the protection of particular persons, the disposition is without effect only as regards these persons. A contractual disposition is equivalent to a disposition which is effected by means of pulsory execution or attachment.(2) Theprovisionsinfavorofthosewhoderiverightsfromapersonwithouttitle apply mutatis mutandis.167。 136. [Official prohibition of alienation] A prohibition against alienation which is petently issued by a Court or by any other authority, is equivalent to a statutory prohibition against alienation of the kind specified in 167。 135.167。 137. [Prohibition of alienation in legal transaction] The power to dispose of an alienable right may not be excluded or limited by legal transaction. The validity of an obligation not to dispose ofi such a right is not affected by this provision.167。 138. [Legal transaction against public policy。 usury](1) A legal transaction which is against public policy is void.(2) A legal transaction is also void whereby a person exploiting the need, carelessness or inexperience of another, causes to be promised or granted to himself or to a third party in exchange for a performance, pecuniary advantages which exceed the value of the performance to such an extent that, under the circumstances, the pecuniary advantages are in obvious disproportion to the performance.167。 139. [Partial nullity] If part of a legal transaction is void the whole legal transaction is void, unless it may be assumed that it would have been entered into even if the void part had been omitted.167。 140. [Reinterpretation] If a void legal transaction satisfies the requirements of another legal transaction, the latter is deemed valid if it may be assumed that its validity would have been intended if there had been knowledge of the nullity. 167。 141. [Confirmation of void legal transadion](1) If a void legal transaction is confirmed by the person who entered into it, the confirmation is deemed to be a renewed undertaking.(2) If a void contract is confirmed by the parties, they are obliged, in case of doubt, to grant each other what they would have had to grant if the contract had been valid from the outset.167。 142. [Effect of rescission](1) If a legal transaction which is liable to be rescinded is rescinded it is deemed to have been rescinded from the outset.(2) If a person knew or should have known of the possibility of rescission, he is treated, in the event of rescission, as if he had known or should have known of the nullity of the legal iransaction.167。 143. [Declaration of rescission](1) The rescission is effected by declaration to the opposing party.(2) The opposing party is, in the case of a contract, the other party to the contract, and in the case of 167。 123(2) sent. 2, the person who has acquired a right directly from the contract.(3) In the case of a unilateral legal transaction to be entered into with another person, that other person is the opposing party. The same rule applies in the case of a legal transaction required to be entered into with another person or with a public authority, even if the legal transaction has already been entered into with the authoritv.(4) In the case of a unilateral legal transaction of another kind, the person who has acquired a legal advantage directly arising out of the legal transaction is the opposing party. The rescission may, however, if the declaration of intention was required to be made to a public authority, be effected by a declaration to the authority。 the authority should municate the rescission to whomever is directly affected by the legal transaction.167。 144. [Confirmation of legal transaction liable to rescission](1) Rescission is excluded if the legal transaction liable to rescission is confirmed by the opposing party.(2) The confirmation need not be in the form prescribed for the legal transaction.THIRD TITLEContract167。 145. [Binding effect of offer] Whoever offers to another to enter a contract is bound by the offer, unless he has excluded being so bound.167。 146. [Expiration of offer] An offer expires if it is refused as against the offerer, or if it is not accepted by him in due time according to 167。167。 147 to 149.167。 147. [fime for acceptance](1) An offer made to a person who is present may be accepted only immediately. This applies also to an offer made by one person to another by telephone.(2) An offer made to a person who is not present may be accepted only up to themoment when the offerer may expect to receive an answer under ordinary circumstances.167。 148. [Fixing of time for acceptance] If the offerer has fixed a period of t