Book2 Chapter10 Title03
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 X. Mortgages (HYPOTHECA).
Title III. Extinction of Mortgages.
Article 396.
- A mortgage is not extinguished by prescription so far as regards the debtor and the mortgagor except simultaneously with the obligation which it secures.
《References by de Becker》
- (none)
Article 397.
- When a person other than the debtor or the mortgagor has possessed the mortgaged immovable in complete conformity with the conditions required for acquisitive prescription, the mortgage is extinguished thereby.
《References by de Becker》
- (none)
Article 398.
- Even when the mortgagor of a superficies or emphyteusis has renounced his right, such renouncement cannot be set up against the mortgagee.
《References by de Becker》
- (none)
