明治商法（明治32年）

An implied contract exists where there is tacit consent to a contract proposal, and in all cases where a person does or abstains from doing something, to which an obligation or right of claim is by law or the usages of trade attached.

Consent by silence to a contract proposal can never be deemed to exist, except where the usage of trade or good faith and confidence, and in particular the special business position of the party to whom such proposal is made, or the settled business relations existing between the parties constitute as a rule a ground for presuming consent.

Samples, price-lists and other objects in recommendation of a contract proposal, sent together with or separately from such proposal, belong as a rule to the party to whom the proposal is made, even where it is declined ; all other goods are to be properly preserved by him until further disposition thereof by the proposer ; he may, however, repay himself any disbursements or any commission due by the sale of the same at the expiration of a reasonable time in conformity with the provisions of Article 373.