Book2 Chapter08 Title04
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 VIII. Preferential Rights.
Title IV. Effect of Preferential Rights.
Article 333.
- A preferential right cannot be exercised in a movable after the debtor has delivered the movable to a third acquirer.
《References by de Becker》
- (In reference vide Art. 304.)
Article 334.
- In case a preferential right conflicts with a pledge of movables , the pledgee of such movables has the same right as the creditor with preferential right of the first rank mentioned in Art. 330.
《References by de Becker》
- (In reference vide Art. 330.)
Article 335.
- [I] A creditor possessing a general preferential right obtains the performance out of property other than immovables in the first place and unless it is insufficient he cannot obtain the performance out of immovables.
- [II] With regard to immovables the performance must be obtained in the first place out of those which are not the subjects of special security.
- [III] When the creditor with a general preferential right has neglected to participate in a distribution in accordance with the provisions of the preceding Paragraphs, he cannot exercise his preferential right against a third person whose right has been registered so far as the amount which he would have obtained by participating in the distribution is concerned.
- [IV] The provisions of the preceding three Paragraphs do not apply when the proceeds of the immovables are to be distributed before those of other property or when the proceeds of the immovables which are the subjects of special security are to be distributed before those of other immovables.
《References by de Becker》
- (none)
Article 336.
- General preferential rights are not prevented from being set up against the creditors who have no special securities even when no registration has been made in respect to an immovable; this does not apply, however, against third persons who have made registration.
《References by de Becker》
- (none)
Article 337.
- A preferential right for the preservation of immovables preserves its validity by being registered immediately after the completion of the act of preservation.
《References by de Becker》
- (none)
Article 338.
- [I] A preferential right for works relating to immovables preserves its validity by the registration being made of the estimated expenses previous to the commencement of such works ; but when the expenses of the work exceed the estimate, no preferential right exists with regard to the said excess.
- [II] with regard to the said The amount of increase in value of an immovable resulting from the work must be appraised by an appraiser appointed by a Court at the time when the distribution is participated in.
《References by de Becker》
- (In reference vide Art. 327.)
Article 339.
- A preferential right registered in accordance with the provisions of the preceding two Articles may be exercised in preference to a mortgage.
《References by de Becker》
- (none)
Article 340.
- A preferential right for the sale and purchase of immovables preserves its validity by a registration being made simultaneously with the contract of sale and purchase to the effect that the price or the interest thereon is not yet paid.
《References by de Becker》
- (none)
Article 341.
- With regard to the validity of preferential rights besides those fixed in the present Section, the provisions relating to mortgages apply correspondingly.
《References by de Becker》
- (none)
