Book2 Chapter08 Title02 Part02
From Reference Codes Japanese CC
JAPANESE CIVIL CODE OF 1896
- Based on the English Translation by: J. E. de Becker (1909 – 1910). Annotated Civil Code of Japan. London: Butterworth & Co. [Available on Google Books and Archive.org: Volume 1, Volume 2, Volume 3, Volume 4]
- "INDEX TO ARTICLES" in his another work offers additional information: J. E. de Becker (1921). The Principles and Practice of Civil Code of Japan. London: Butterworth & Co. [Available on Archive.org]
BOOK II. REAL RIGHTS.
Chapter VIII. Preferential Rights.
Title II. Classes of Preferential Rights.
Part II. Preferential Rights in Movables.
Article 311.
- A person who has an obligation in his favour arising from any of the causes mentioned below has a preferential right in specially determined (certain particular) movables of the debtor: -
- (1) Hiring or letting of immovables;
- (2) Lodging at an hotel or inn;
- (3) Transportation of travellers or goods and baggage;
- (4) Negligence of public officials in the performance of their functions;
- (5) Preservation of movables;
- (6) Sale and purchase of movables;
- (7) Supply of seeds and saplings or manure;
- (8) Agricultural and industrial labour.
《References by de Becker》
- (none)
Article 312.
- The preferential right for hiring or letting of immovables exists in the movables of the hirer with regard to the rent of the immovables and other obligations of the hirer arising from the relation of hiring.
《References by de Becker》
- (none)
Article 313.
- [I] The preferential right of the lessor of land exists in the movables placed on the land leased or fitted in the buildings for the utilization thereof, in movables used for the utilization of the land and in the fruits of the land in the possession of the lessee.
- [II] The preferential right of the lessor of a building exists in the movables placed in the building by the lessee.
《References by de Becker》
- (none)
Article 314.
- In case a lease is assigned or sub-let, the preferential right of the original lessor extends to the movables of the assignee or the sub-lessee. The same applies to the money receivable by the assignor or the sub-lessor.
《References by de Becker》
- (none)
Article 315.
- In case of the general liquidation of the property of the lessee, the preferential right of the lessor exists only with regard to the rent and other obligations for the preceding term, the current term, and the succeeding term, and in respect of compensation for damages caused during the preceding term and the current term.
《References by de Becker》
- (none)
Article 316.
- In case the lessor has received a sum of money as security for rent he has a preferential right only with regard to that part of the obligation which is not paid (performed) out of such security money.
《References by de Becker》
- (none)
Article 317.
- The preferential right for lodging in a hotel or inn exists over the luggage (or baggage) which is in the hotel or inn in respect to the charges for the lodging and food and drink of the traveller, his attendants, horses and cattle.
《References by de Becker》
- (none)
Article 318.
- The preferential right for transportation exists against the luggage (or baggage) which is found in the hands of the carrier with regard to the fare or freight of the traveller or the luggage (or baggage) and for accessory expenses.
《References by de Becker》
- (none)
Article 319.
- The provisions of Arts . 192 to 195 apply correspondingly to the preferential rights of the preceding seven Articles.
《References by de Becker》
- (In reference vide Arts. 192-195.)
Article 320.
- The preferential right against caution money (security money) of public officials exists against the caution money with regard to obligations arising from negligence in the performance of their functions by the public officials who have deposited such caution money.
《References by de Becker》
- (none)
Article 321.
- [I] The preferential right for preservation of movables exists in the movables with regard to the expenses of preservation of the same.
- [II] The preferential right of the preceding Paragraph equally exists with regard to the expenses requisite for having the rights relating to the movables preserved, ratified, or enforced.
《References by de Becker》
- (none)
Article 322.
- The preferential right for sale and purchase of movables exists in the movables with regard to the price of the movables and interest thereon.
《References by de Becker》
- (none)
Article 323.
- [I] The preferential right for the supply of seeds and young plants or manure exists with regard to the price of the seeds and young plants or manure, and interest thereon, on the fruits proceeding from the land on which they have been used within one year after their use.
- [II] The preferential right of the preceding Paragraph equally exists with regard to the supply of silkworm eggs, and of mulberry leaves used for the rearing of silkworms, in the things produced from such silkworm eggs or the mulberry leaves.
《References by de Becker》
- (none)
Article 324.
- The preferential right for agricultural and industrial labour exists in the fruits or the things manufactured with regard to wages for the past year in case of agricultural labour, and in case of industrial labour with regard to wages for the past three months.
《References by de Becker》
- (none)
