Book2 Chapter08 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 VIII. Preferential Rights.
Title III. Ranks of Preferential Rights.
Article 329.
- [I] In case general preferential rights conflict with each other, the ranks of such preferential rights are determined according to the order mentioned in Art. 306.
- [II] In case a general preferential right conflicts with a special preferential right the latter takes precedence over the former; but the preferential right for expenses for the common benefit has validity of preference against all the creditors who have benefited by them.
《References by de Becker》
- (In reference vide Art. 306.)
Article 330.
- [I] When special preferential rights on the same movables conflict with each other, the ranks of such preferential rights are as follows:--
- (1) Preferential right for the lease of immovables , for lodging at a hotel or an inn and for transportation;
- (2) Preferential right for preservation of movables; but when there have been several preservers, a later preserver takes precedence over an earlier one;
- (3) Preferential right for the sale and purchase of movables, for the supply of seeds and seedlings or manure and for agricultural and industrial labour.
- [II] When a creditor with preferential right of the first rank knew at the time when he acquired his obligation of the existence of a creditor with preferential right of the second or third rank he cannot exercise preferential right against the latter. The same applies to a person who has preserved things for the benefit of a creditor of the first rank.
- [III] With regard to fruits, the first rank belongs to the agricultural labourer, the second rank to the supplier of seeds and seedlings or manure, and the third rank to the lessor of the land.
《References by de Becker》
- (none)
Article 331.
- [I] In case special preferential rights in the same immovables conflict, the ranks of such preferential rights are determined in the order mentioned in Art. 325.
- [II] When there have been successive sales and purchases with regard to the same immovable the ranks of preferential rights among the sellers are determined according to the priority in time.
《References by de Becker》
- (In reference vide Art. 325.)
Article 332.
- When there are several creditors with preferential rights of the same rank in the same object, each creditor obtains performance in proportion to the amount of his obligation.
《References by de Becker》
- (none)
