Book3 Chapter01 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 III. OBLIGATIONS (or CLAIMS).

Chapter I. General Provisions.

Title IV. Assignment of Obligations.

Article 466.

• [I] Obligations are assignable except when their nature does not permit of assignment.
• [II] The provisions of the preceding Paragraph do not apply when the parties concerned have made a contrary expression of intention. But such expression of intention cannot be set up against third persons in good faith.

《References by de Becker》

• (Vide Arts. 398, 399, 400 and 405 of the German Civil Code.)

Article 467.

• [I] The assignment of an obligation performable to a specified creditor cannot be set up against the debtor, or other third persons , unless the assignor has notified the fact to the debtor or the latter has consented thereto.
• [II] The notification or consent of the preceding Paragraph cannot be set up against third persons other than the debtor unless it is made by an instrument bearing an authenticated date.

《References by de Becker》

• (Vide Arts 408 and 410 of the German Civil Code.)

Article 468.

• [I] When the debtor has given the consent of the preceding Article without making any reservation even when there are circumstances which could have been set up against the assignor, they cannot be set up against the assignee. But if the debtor has paid anything to the assignor in order to extinguish the obligation it can be recovered, or if he has incurred any obligation to the assignor, he may regard it as non- existent.
• [II] When the assignor has merely notified the assignment to the debtor, the latter may set up against the assignee any defence which he could have set up against the assignor previous to the receipt of such notification.

《References by de Becker》

• (Vide Arts. 404, 406 and 407 of the German Civil Code.)

Article 469.

• The assignment of an obligation performable to order cannot be set up against the debtor or third persons unless the fact of assignment has been endorsed on the instrument and the latter itself has been delivered to the assignee.

《References by de Becker》

• (Vide Art. 792 (1) of the German Civil Code.)

Article 470.

• The debtor on an obligation performable to order has the right, but is not bound, to investigate into the identity of the holder of the instrument or the authenticity of the signature and seal thereon ; but if the debtor acts in bad faith or with gross negligence, his performance is null and void.

《References by de Becker》

• (none)

Article 471.

• The provisions of the preceding Article apply correspondingly to cases where, though the name of the creditor is specified on the instrument, it is additionally stated that performance shall be made to the holder of the said instrument.

《References by de Becker》

• (none)

Article 472.

• The debtor on an obligation performable to order cannot set up against an assignee in good faith any defences which he might have set up against the original creditor, except such as are mentioned in the instrument or which are the natural result of its nature.

《References by de Becker》

• (In reference vide German Civil Code, Art. 792 (3).)

Article 473.

• The provisions of the preceding Article are correspondingly applicable to obligations performable to bearer.

《References by de Becker》

• (none)