Where the parties to a contract have not agreed with respect to a term which is important for a determination of their rights and duties, a term which is appropriate in the circumstances shall be applied.
Civil Code
2015 English source edition · Current applicability not established.
This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur.
Article 1396
Implied Obligations · Preserved transcription; page attribution imported from the source collection. Verify against the original.
In determining what is an appropriate term regard shall be had, among other factors, to
the intention of the parties;
the nature and purpose of the contract;
good faith and fair dealing;
reasonableness; and
practices established between the parties and usages;