Book3 Chapter01 Title05 Part03

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 V. Extinction of Obligations.

Article 513.

• [I] When the parties concerned have concluded a contract changing the essential elements of an obligation, such obligation is extinguished by novation.
• [II] If a conditional obligation is made unconditional, or a condition is added to an unconditional obligation, or if a condition is changed, it is regarded as a change of an essential element of such obligation. The same applies when a bill of exchange is issued instead of performance of an obligation.

《References by de Becker》

• (In reference vide Arts. 430, 435 and 458.)

Article 514.

• A novation by a change of the debtor may be effected by a contract between the creditor and the new debtor, but this cannot be done against the will of the old (original) debtor.

《References by de Becker》

• (In reference vide Art. 474.)

Article 515.

• Novation by a change of the creditor cannot be set up against third persons, unless it is made by means of a document bearing an authenticated date.

《References by de Becker》

• (In reference vide Art. 467.)

Article 516.

• The provisions of No. 1 of Art. 468 apply correspondingly to a novation by a change of the creditor.

《References by de Becker》

• (none)

Article 517.

• If the obligation resulting from a novation does not come into existence, or is annulled owing to an illegal origin (ground) , or to a reason unknown to the parties concerned, the old (original) obligation is not extinguished.

《References by de Becker》

• (none)

Article 518.

• The parties concerned in a novation can transfer to the new obligation a right of pledge or mortgage furnished as the security for the original obligation within the limits of the subject of such original obligation; but in case it has been furnished by a third person, his consent must be obtained.

《References by de Becker》

• (none)