Book3 Chapter01 Title05 Part01

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 474.

• [I] An obligation may be discharged by a third person except when the nature of the obligation does not permit, or when the parties concerned have expressed a contrary intention.
• [II] A third person who is not interested (in the obligation) may not make performance against the will of the debtor.

《References by de Becker》

• (In reference vide Arts. 267, 268 (1) and Art. 1142 of the German Civil Code.)

Article 475.

• When the person performing has delivered a thing belonging to another person he cannot recover it unless he makes another valid performance.

《References by de Becker》

• (In reference vide Arts. 95 and 477.)

Article 476.

• In case an owner who has no capacity to assign has delivered a thing by way of performance, if the performance is cancelled he cannot recover such thing unless he makes another valid performance.

《References by de Becker》

• (In reference vide Arts. 4, 9, 12, 14, and 477.)

Article 477.

• In the case of the preceding two Articles, if the creditor has, in good faith, consumed or assigned the thing received by way of performance, such performance is valid; but this does not prevent the creditor from demanding reimbursement against the person performing if he has received a demand for compensation for damage from a third person.

《References by de Becker》

• (In reference vide Arts. 475 and 476.)

Article 478.

• The performance made to a quasi-possessor of an obligation is not valid except the person performing has acted in good faith.

《References by de Becker》

• (In reference vide Arts. 205 and 479.)

Article 479.

• Performance made to a person who has no authority to receive the same is valid to the extent to which the creditor is enriched thereby, except in the case contemplated in the preceding Article.

《References by de Becker》

• (In reference vide Arts. 113-117 and Art. 478; also Art. 362 (2) of the German Civil Code.)

Article 480.

• The bearer of a receipt is deemed to be authorized to receive performance, except when the person performing knew, or did not know through his own negligence, that the bearer was not so authorized.

《References by de Becker》

• (In reference vide Art. 479; also Art. 370 of the German Civil Code.)

Article 481.

• [I] When a third debtor (garnishee) who has been ordered by a Court to refrain from making payment, has made the same to his own creditor, the seizing creditor may, in so far as he has sustained damage, demand another performance from the third debtor.
• [II] The provisions of the preceding Paragraph do not prevent the garnishee from exercising the claim for reimbursement against his own creditor.

《References by de Becker》

• (In reference vide Arts. 423, 703 and 709; also the Code of Civil Procedure.)

Article 482.

• When the debtor, with the consent of his creditor, has made a prestation other than and in lieu of that which is due, such prestation has the same effect as performance.

《References by de Becker》

• (In reference vide Art. 364 of the German Civil Code.)

Article 483.

• When the subject of an obligation is the delivery of a specific thing, the person performing must deliver such thing in the condition in which it is actually found at the time when delivery is due.

《References by de Becker》

• (none)

Article 484.

• When there is no special expression of intention as to the place where performance is to be made, the delivery of a specific thing must be made at the place where the thing was when the obligation came into existence and, in other cases, at the creditor's present domicile.

《References by de Becker》

• (In reference vide Arts. 269 and 270 of the German Civil Code.)

Article 485.

• When there is no special expression of intention with regard to the expenses of performance, the debtor shall bear the expenses; but if the creditor has increased the expenses of performance by a removal of his domicile or other acts, the additional cost shall be borne by the creditor.

《References by de Becker》

• (In reference vide German Civil Code, Arts. 270 (3) and 304.)

Article 486.

• The person performing can demand the delivery of a receipt from the receiver of the performance.

《References by de Becker》

• (In reference vide German Civil Code, Art. 368.)

Article 487.

• In case there is a document establishing the obligation, the person performing can demand the return of the same when he has performed in full.

《References by de Becker》

• (In reference vide German Civil Code, Art. 371.)

Article 488.

• [I] In case the debtor is bound towards the same creditor in respect to several obligations with subjects of an identical nature, if the prestation tendered by way of performance is insufficient to extinguish all the obligations, the person tendering the prestation may, at the time of tendering, designate the obligation (or obligations) to which such prestation is to be imputed (appropriated).
• [II] If the person making performance does not make the designation of the preceding Paragraph, the receiver may, at the time of receipt, make imputation (appropriation) of the performance, except when the person performing has immediately objected to such proposed imputation.
• [III] In the case of the preceding two Paragraphs, the imputation of the performance is effected by an expression of intention made to the other party.

《References by de Becker》

• (In reference vide German Civil Code, Art. 366.)

Article 489.

• When the parties concerned have not made imputation of a performance, it is imputed in accordance with the following provisions: -
• (1) When among all the obligations there are some which are due and others which are not due, those which are due are preferred;
• (2) When all the obligations are or are not due, those whose payment is most beneficial for the debtor are preferred;
• (3) When the benefit of payment is equal for the debtor, those which have become due or will be due earliest are preferred;
• (4) When obligations are the same with regard to the matters mentioned in the preceding two numbers, performance is imputed in proportion to the amount of each obligation.

《References by de Becker》

• (In reference vide German Civil Code, Art. 366 (2).)

Article 490.

• In case several prestations are to be made for the payment of one obligation, if a prestation made by the person performing is not sufficient to extinguish the whole of such obligation, the provisions of the preceding two Articles apply correspondingly.

《References by de Becker》

• (none)

Article 491.

• [I] When the debtor, in respect to one or several obligations, is bound to pay interest and expenses in addition to the principal, if a prestation made by the person performing is insufficient to extinguish the whole obligation, it is imputed in successive order to the expenses, the interest, and the principal.
• [II] The provisions of Art. 489 apply correspondingly to the case of the preceding Paragraph.

《References by de Becker》

• (In reference vide Arts. 488 and 489; also Art. 367 of the German Civil Code.)

Article 492.

• A tender of performance frees the debtor from the moment of the tender from all the responsibilities of non-performance.

《References by de Becker》

• (In reference vide Art. 413; also Arts. 300, 301 and 302 of the German Civil Code.)

Article 493.

• Tender of performance must be actually made in accordance with the intent and purpose of the obligation; but if the creditor has refused to receive the same beforehand, or when an act of the creditor is necessary for the performance of the obligation, it is sufficient if he is notified that preparation for performance has been made and called upon to receive same.

《References by de Becker》

• (In reference vide German Civil Code, Arts. 294 and 295.)

Article 494.

• When the creditor refuses to or cannot accept performance, the person performing can free himself from the obligation by depositing for the benefit of the creditor the thing which is the subject of performance. The same applies when the person performing cannot, without any fault on his part, ascertain who the creditor is.

《References by de Becker》

• (In reference vide Arts. 413, 492 and 498; Law of Deposit (Imperial Ordinance, July 1892); and Rules for Handling Things Deposited (Financial Department Ordinance, February 1892); also Arts. 372 and 378 of the German Civil Code.)

Article 495.

• [I] Deposit must be made at the deposit office of the place where performance of the obligation is to be effected.
• [II] In case there are no special provisions in laws and ordinances with regard to deposit offices, the Court must, upon the demand of the person performing, designate the deposit office and appoint a custodian for the thing deposited.
• [III] The depositor must give notice of the deposit to the creditor without delay.

《References by de Becker》

• (In reference vide Law of Procedure in Non-Contentious Matters, Art. 81; Law of Deposit; Rules for Handling Things Deposited; and Order of Handling Things Deposited; also Art. 374 of the German Civil Code.)

Article 496.

• [I] So long as the creditor does not consent to accept the deposit, or a judgment which has declared the deposit as valid is not final and conclusive, the depositor can withdraw the thing deposited. In this case the deposit is deemed as not having been made.
• [II] The provisions of the preceding Paragraph do not apply in case a pledge or mortgage has been extinguished by the deposit.

《References by de Becker》

• (The same reference as above; also Arts. 376 and 379 (3) of the German Civil Code.)

Article 497.

• When the thing which is the subject of an obligation is not suitable for deposit, or is in danger of being destroyed or damaged, the person performing may, with the permission of a Court, sell it at auction and deposit the proceeds. The same applies if its custody and preservation would involve disproportionate expense.

《References by de Becker》

• (In reference vide Arts. 494 and 495 and the Law of Auction; also Art. 383 (1) of the German Civil Code.)

Article 498.

• When the debtor is bound to pay against a prestation of the creditor, the latter cannot receive the thing deposited unless he makes such prestation.

《References by de Becker》

• (In reference vide Arts. 494 and 533; also Art. 373 of the German Civil Code.)

Article 499.

• [I] Any person who has performed for a debtor may simultaneously with the performance be subrogated into the position of the creditor with the latter's consent.
• [II] The provisions of Art. 467 apply correspondingly to the case of the preceding Paragraph.

《References by de Becker》

• (In reference vide Arts. 474 and 500; also Arts. 268 (2), 1143 and 1150 of the German Civil Code.)

Article 500.

• Any person who has a legitimate interest in performance is subrogated into the position of the creditor by operation of law when he has made performance.

《References by de Becker》

• (In reference vide Art. 499; also Arts. 268, 426 (2) and 774 of the German Civil Code.)

Article 501.

• A person who has been subrogated into the position of the creditor in accordance with the provisions of the preceding two Articles may, to the extent that he may demand recourse in virtue of his own right, exercise all the rights which the creditor possessed in respect to the validity of and the security for the obligation; but the following rules must be observed: -
• (1) A surety is not subrogated into the position of the creditor as against a third acquirer of an immovable which is the subject of a preferential right, of a pledge of an immovable or of a mortgage, unless the subrogation has been additionally noted beforehand in the registration of the said preferential right, pledge of immovable or mortgage;
• (2) A third acquirer is not subrogated into the position of the creditor as against a surety;
• (3) One of several third acquirers is not subrogated into the position of the creditor as against the others except in proportion to the value of each immovable;
• (4) The provisions of the preceding number apply correspondingly as among persons who have furnished their own properties as security for the obligation of another;
• (5) As between a surety and a person who has furnished his own property as security for the obligation of another, subrogation cannot take place except in proportion to the number of persons (per capita). But if there are several persons who have furnished their properties as security for the obligation of another, subrogation cannot take place against them except with regard to the balance of the obligation remaining after the surety's share therein has been deducted, and in proportion to the value of the respective properties furnished by each of them.
• (6) If the properties in the above case are immovables, the provisions of No. 1 apply correspondingly.

《References by de Becker》

• (none)

Article 502.

• [I] When subrogation has taken place in respect to a portion of the obligation, the party subrogated into the position of the creditor exercises his rights together with the creditor in proportion to the value of his performance.
• [II] In the case of the preceding Paragraph, rescission of the contract owing to non-performance of the obligation can be demanded only by the creditor; but in that case he must reimburse to the party subrogated into the position of the creditor the amount he has paid, together with interest.

《References by de Becker》

• (In reference vide Arts. 404, 501 and 541 et seq.)

Article 503.

• [I] A creditor who has received full performance of his claim must deliver to the person who is thereby subrogated into his position all the documents relating to the obligation and the securities in his possession.
• [II] When subrogation has taken place in respect to part of the obligation, the creditor must note the subrogation on the document relating to the obligation and permit the person who is subrogated into his position to supervise the preservation of the securities in his possession.

《References by de Becker》

• (none)

Article 504.

• In case there is a person who is to be subrogated into the position of a creditor in accordance with the provisions of Art. 500, if the creditor has, either intentionally or through his negligence, caused the destruction or diminution of the securities, the person who is to be subrogated into the position of the creditor is freed from his obligation to the extent that it has become impossible for him to obtain reimbursement in consequence of such destruction or diminution.

《References by de Becker》

• (In reference vide Art. 501.)