Book2 Chapter10 Title01

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 II. REAL RIGHTS.

Chapter X. Mortgages (HYPOTHECA).

Title I. General Provisions.

Article 369.

• [I] A mortgagee has the right of receiving, in preference to other creditors, the performance of an obligation in his favour out of the immovable which has been given as security for the obligation by the debtor or a third person without transferring possession.
• [II] A superficies and an emphyteusis can also be made the subject of a mortgage. In this case the provisions of the present Chapter apply mutatis mutandis.

《References by de Becker》

• (In reference vide the Records of Judgments of the Court of Cassation, February 1902; also Art. 1,113 of the German Civil Code.)

Article 370.

• A mortgage extends to the things which have been joined to the mortgaged immovable and which form one body therewith with the exception of the buildings standing on the mortgaged land. This does not apply, however, where there are special provisions in the act of creation and in case the creditor has the right to annul the acts of the debtor in accordance with the provisions of Art. 424.

《References by de Becker》

• (Vide Arts. 1,120 and 1,130 of the German Civil Code.)

Article 371.

• [I] The provisions of the preceding Article do not apply to fruits, except after the mortgaged immovable has been seized, or after a third acquirer has received the notification of Art. 381.
• [II] When a third acquirer has received the notification of Art. 381 the provisory provisions of the preceding Paragraph apply only when the mortgaged immovable is seized within the following one year.

《References by de Becker》

• (In reference vide Art. 381 and the Code of Civil Procedure, Arts. 714 and 708; also Arts. 1,121 and 1,123 (2) of the German Civil Code.)

Article 372.

• The provisions of Arts. 296, 304 and 351 apply mutatis mutandis to mortgage.

《References by de Becker》

• (Vide Arts. 1,123 (1) 1,124 and 1,143 of the German Civil Code.)