A Handbook of Modern JapanClement, Ernest W. (Ernest Wilson)
History
A Handbook of Modern Japan
Clement, Ernest W. (Ernest Wilson)
Japan
“Foreigners may hold a long lease of land to plant trees or erect
permanent structures, which may be arranged for an indefinite term
almost perpetual, such as one thousand years, or as long as may be
agreed upon. Such a holding is called superficies, and it is very much
like a long English lease, the only difference being that trees or
buildings do not, at the end of the term, revert to the landlord, his
right being only that of pre-emption at current valuation. The most
advisable way for the enjoyment of the actual and permanent holding
of land is for a foreigner to buy land himself through a Japanese, as
bare trustee, and to secure its superficies for the period of as long
a term as may be desirable for his purposes.
“Although no foreigners may work mines individually, they may be taken
on mortgage, and a company registered as a Japanese organization is
entitled to engage in mining; the theory is that foreigners as members
merge themselves in the entity of a Japanese corporation, although it
may be composed of foreigners exclusively.
“No railway or tramway business is allowed to be carried on unless by
a limited company and a concession for such purpose has to be secured
from the proper authorities. No such railway can be pledged, but it
may be hypothecated. Japanese pledge corresponds to English mortgage,
differing therefrom in that immediate transfer of possession and
holding the pledged property absolutely is essential. Hypothecation
does not carry possession nor the right of entry. This condition of
Japanese railway law has not satisfied capitalists as not affording
sufficient security to induce investment by them. There has been some
attempt to have this law altered, but it has not yet been accomplished.
“Banking, insurance, shipping, and all other kinds of commercial
business may be carried on in Japan by foreign companies by observing
the treaties and certain regulations, such as the registration
of their branch offices, their representatives or other matters
prescribed by law.
“There are two kinds of civil corporations, the one consisting of
persons associated together, and the other an estate of aggregate
property somewhat like a trust in English law, formed or established
for the purpose of religious worship, teaching, art, charity,
education, or any other object of public benefit, not aiming at the
making of a profit. Such a corporation can come in existence only with
the permission of the competent authorities, while Japanese commercial
corporations may be formed without it.
Public-domain text, read in full here on John Shaqi.
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