Book2 Chapter09 Title02
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 IX. Pledge (PIGNUS).
Title II. Pledges of Movables.
Article 352.
- The pledgee of a movable cannot set up his right of pledge against third persons unless he holds continuous possession of the thing pledged.
《References by de Becker》
- (In reference vide Arts. 178, 192, 181, and 184.)
Article 353.
- When the pledgee of a movable has been dispossessed of the thing pledged, he can recover the same only by means of an action for the recovery of possession.
《References by de Becker》
- (In reference vide Arts. 197-202; also Art. 1227 of the German Civil Code.)
Article 354.
- When the pledgee of a movable does not obtain performance of his obligation, he can, but only when there is a just reason, demand from a Court the immediate appropriation of the thing pledged for the performance according to the valuation of an expert appraiser. In this case, however, the pledgee must previously notify the debtor of the demand.
《References by de Becker》
- (In reference vide the Law of Procedure in Non-Contentious Matters, Art. 183.)
Article 355.
- When pledges are created in the same movable for securing several obligations, the ranks of such pledges are determined according to the priority of creation.
《References by de Becker》
- (In reference vide Arts. 181 and 345; also Art. 1209 of the German Civil Code.)
