Book2 Chapter07

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 VII. Liens.

Article 295.

• [I] When the possessor of a thing belonging to another person has an obligation in his favour arising on account of the thing, he may retain the same until the performance of the said obligation.
• [II] This does not apply, however, when the performance of the obligation is not yet due.

《References by de Becker》

• (none)

Article 296.

• The lien-holder may exercise his right against the whole of the thing retained until performance of the whole of the obligation.

《References by de Becker》

• (none)

Article 297.

• [I] The lien-holder may take the fruits proceeding from the thing retained and appropriate them to the performance of his obligation in preference to other creditors.
• [II] The fruits of the preceding Paragraph must be first appropriated to the interest on the obligation and then to the principal if there is any remainder.

《References by de Becker》

• (none)

Article 298.

• [I] The lien-holder must possess the thing retained with the care of a good manager.
• [II] The lien-holder may not, without the consent of the debtor, use, let, or give as a security the thing retained. This does not apply, however, when it is necessary to use it for the preservation thereof.
• [III] When the lien-holder has violated the provisions of the preceding two Paragraphs, the debtor may demand the extinction of the lien.

《References by de Becker》

• (none)

Article 299.

• [I] When a lien-holder has defrayed necessary expenses with regard to the thing retained he may require the owner to reimburse him.
• [II] When a lien-holder has incurred beneficial expenses with regard to the thing retained, he may (but only when the increase in value actually exists) demand that the owner either reimburse the amount spent or the increased value according to the latter's option; but a Court may allow a reasonable term for doing so on the demand of the owner.

《References by de Becker》

• (In reference vide Art. 196.)

Article 300.

• The exercise of the right of lien does not prevent the progress of the extinctive prescription of the obligation.

《References by de Becker》

• (In reference vide Art. 147.)

Article 301.

• The debtor may demand the extinction of the lien upon depositing appropriate security.

《References by de Becker》

• (none)

Article 302.

• A lien is extinguished by the loss of possession except when the thing has been let out to hire or pledged in accordance with the provisions of Paragraph 2 of Art. 298.

《References by de Becker》

• (In reference vide Art. 298.)