JAPANESE CIVIL CODE 391 



countries of those foreigners allow their own people the same rights. 

 This principle of reciprocity is adopted in France (Code Civil, art. 

 11), Austria (Das allg. buergerl, Gesetzbuch, 33), Sweden, Norway, 

 Servia, and other countries. 

 (4) Laws based upon the Principle of Equality. 

 This is the most liberal and most advanced system of law relating 

 to the legal condition of foreigners. Beginning in 1827 with the 

 Dutch Civil Code, and followed by the Italian Civil Code of 1865, 

 it has now been adopted in the majority of European and American 

 states. They recognize the principle of equality so far as the enjoy- 

 ment and exercise of private rights are concerned, some few excep- 

 tions only being usually made on grounds of national policy, such 

 as the prohibition or limitation of the ownership of land or ships, 

 the right of fishery, the right of working mines, or engaging in the 

 coasting-trade, and a few others. 



Now in regard to the legal condition of foreigners in Japan, we 

 may distinguish three periods, which nearly correspond to the first, 

 second, and fourth stages above mentioned. The first period includes 

 the time before the opening of the country to foreign intercourse, 

 the second from that time until the new Civil Code came into opera- 

 tion, and the third from that time till the present day. 



During the first period, which may be called the Period of National 

 Seclusion, there was no intercourse with foreign countries. Foreigners 

 were looked upon as barbarians or enemies. They could not come and 

 reside in the country, except in a very few instances, and therefore 

 they stood entirely outside the pale of the law. 



The second period, which may be called the Period of the Treaties, 

 begins from the date of the second visit of Commodore Perry in 1854 

 and the conclusion of the treaty of peace and amity by him, followed 

 in 1858 by the first treaty of trade and commerce with the United 

 States. Some ports were opened for foreign trade, and foreigners 

 could come and reside within the limits of the treaty ports and 

 engage in trade, business, or missionary work.- But their rights 

 depended upon the treaties, not upon the law of the country. They 

 enjoyed the privilege of extra-territoriality ; that is to say, they 

 brought their own laws with them, and remained under the jurisdic- 

 tion of their respective consuls. 



In the third period, which may be called the Period of the Code, 

 foreigners enjoy their rights under the law, and the treaties only 

 provide for the guarantees or limitations of rights. The new Civil 

 Code, at its commencement, proclaims the noble principle of the 

 equality of foreigners and native subjects before the law. Art. 2 

 provides that " Foreigners enjoy private rights except in those cases 

 where such enjoyment is prohibited by law, ordinance, or treaty." 

 And as to foreign juridical persons, art. 36 provides that "The 



