占有改定
English translation: constructive transfer
| 04:20 Nov 29, 2011 |
| Japanese to English translations [PRO] Law/Patents - Law: Contract(s) | |||||||
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|  Selected response from: JapanLegal Japan Local time: 08:24 | ||||||
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| Summary of answers provided | ||||
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| 5 | constructive transfer |
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Answers
18 mins confidence: 
constructive transfer Explanation: "Constructive transfer" means that the transfer is legally recognized, despite being otherwise observationally incomplete. To give you an easier example, "constructive notice" is when a party is deemed to have received notice, regardless of whether or not that party is subjectively aware of having received that notice. Internet postings are often given the legal status of "constructive notice" in certain contexts, given that it's impractical to guarantee delivery of a legally required notice directly to a large number of people. The fact that this term is called a "legal fiction" doesn't mean that it's a bogus concept. Rather, the "fiction" lies in the fact that the physical transfer hasn't taken place, and yet the transfer is still legally deemed to have taken place. Parties may desire such an effect for any number of reasons, some of which may relate to their ability to exercise control over the property in question or to take certain accounting actions. From the Japanese Civil Code: http://www.japaneselawtranslation.go.jp/law/detail/?ky=nomin... （占有改定） (Constructive Transfers) 第百八十三条 代理人が自己の占有物を以後本人のために占有する意思を表示したときは、本人は、これによって占有権を取得する。 Article 183 If an agent manifests an intention that The thing possessed by it shall thenceforward be possessed on behalf of its principal, the principal shall thereby acquire possessory rights. http://ja.wikipedia.org/wiki/占有改定 占有改定（せんゆうかいてい）は、民法183条に規定される占有の移転方式。ある目的物の占有者が、それを手元に置いたまま占有を他者に移す場合をいう。自己占有（直接占有）はそのままに、代理占有（間接占有）が意思表示のみによって移転する。それまで目的物の占有者であった者は、占有代理人となる。 民法183条（占有改定） 代理人が自己の占有物を以後本人のために占有する意思を表示したときは、本人は、これによって占有権を取得する。 http://ir.library.osaka-u.ac.jp/metadb/up/LIBOULRK01/oulr057... See the discussion starting at the end of page two. -------------------------------------------------- Note added at 24 mins (2011-11-29 04:44:35 GMT) -------------------------------------------------- Also, the "with retention of possession part" seems redundant to me, as the word "constructive" implies that possession has been retained. It's also not included in the Civil Code translation. Japanese law translations, even official ones, are not always to be trusted (they are notorious for inconsistent treatment of fixed legal terms/phrases). In this case, however, I think the safest bet would be to use the official translation, since the Civil Code seems to be the source of this concept in Japanese law. |
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