Book2 Chapter08 Title01

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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 I. General Provisions.

Article 303.
  • A privileged creditor has the right of obtaining the performance of his obligation out of the property of the debtor in preference to other creditors, in accordance with the provisions of this Code and other laws.

《References by de Becker》

  • (none)
Article 304.
  • [I] A preferential right may be exercised against money or other things which the debtor receives in consequence of the sale, letting, extinction, or damage of its subject; but the privileged creditor must seize (attach) the money or other things previous to the payment or delivery thereof.
  • [II] The same applies with regard to considerations for real rights created by the debtor in the subject of the preferential right.

《References by de Becker》

  • (none)
Article 305.
  • The provisions of Art. 296 apply correspondingly to preferential rights.

《References by de Becker》

  • (In reference vide Art. 296.)