Book2 Chapter09 Title04

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]

• Original Version in Japanese.

BOOK II. REAL RIGHTS.

Chapter IX. Pledge (PIGNUS).

Title IV. Pledges of Rights.

Article 362.

• [I] A pledge can have a property right for its subject.
• [II] To the pledge of the preceding Paragraph the provisions of the preceding three Sections apply correspondingly in addition to the provisions of the present Section.

《References by de Becker》

• (Vide Art. 1273 of the German Civil Code.)

Article 363.

• When an obligation is made the subject of a pledge, if there is a bond for the obligation the creation of the pledge takes effect by the delivery of such instrument.

《References by de Becker》

• (In reference vide Art. 86.)

Article 364.

• [I] When an obligation in the name of a specific person is made the subject of a pledge it cannot be set up against a garnishee (dai-san-gimusha) or other third persons unless the creation of the pledge is notified to the garnishee in accordance with the provisions of Art. 467 or unless the latter consents thereto.
• [II] The provisions of the preceding Paragraph do not apply to name shares.

《References by de Becker》

• (In reference vide Art. 467; also Arts. 1274, 1276 and 1280 of the German Civil Code.)

Article 365.

• When a name (registered) debenture is made the subject of a pledge, it cannot be set up against the company or against other third persons unless the creation of the pledge is entered in the register of the company in accordance with the provisions relating to the assignment of debentures.

《References by de Becker》

• (none)

Article 366.

• When an obligation performable to order is made the subject of a pledge the fact cannot be set up against third persons unless the creation of the pledge is endorsed upon the instrument.

《References by de Becker》

• (In reference vide Art. 469; also Art. 1292 of the German Civil Code.)

Article 367.

• [I] A pledgee may directly collect an obligation which is the subject of a right of pledge.
• [II] When the subject of the obligation is money, the pledgee may only collect that part which corresponds to the amount of his obligation.
• [III] When the performance of the said obligation is due prior to that of the obligation of the pledgee, the latter may cause the third debtor to deposit the amount of money payable to him. In this case the pledge exists over the amount of money deposited.
• [IV] When the subject of the obligation is not money, the pledgee has a right of pledge over the thing received by way of performance.

《References by de Becker》

• (Vide Arts. 1282 and 1287 of the German Civil Code.)

Article 368.

• The pledgee may enforce the pledge by the method of execution fixed in the Code of Civil Procedure in addition to the manner provided in the provisions of the preceding Article.

《References by de Becker》

• (In reference vide Arts. 600, 601, 602 and 613; also Art. 1277 of the German Civil Code.)