Book3 Chapter01 Title03 Part02

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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 III. OBLIGATIONS (or CLAIMS).

Chapter I. General Provisions.

Title III. Obligations with a Plurality of Parties.

Part II. Indivisible Obligations.
Article 428.
  • In case the subject of an obligation is from its nature or by an expression of intention of the parties concerned indivisible, if there are several creditors, each creditor may demand performance on behalf of all the creditors, or the debtor may make performance to any creditor on behalf of all the creditors.

《References by de Becker》

  • (In reference vide Art. 432 (1) of the German Civil Code.)
Article 429.
  • [I] Even where a novation occurs or a release has been granted between one of the creditors of an indivisible obligation and the debtor, the other creditors may yet demand performance of the whole obligation; but the benefit which would have been allotted to the said creditor if he had not lost his right, must be restored to the debtor.
  • [II] No other act of one of the creditors of an indivisible obligation or any other facts taking place with regard to such particular creditor have effect against the other creditors.

《References by de Becker》

  • (In reference vide Arts. 428, 513 and 519; also Art. 432 (2) of the German Civil Code.)
Article 430.
  • When several persons bear an indivisible obligation, the provisions of the preceding Article and those relating to joint obligations apply correspondingly, with the exception of the provisions of Arts. 434 to 440.

《References by de Becker》

  • (In reference vide Art. 431 of the German Civil Code.)
Article 431.
  • When an indivisible obligation is converted into a divisible obligation, each creditor may demand performance of his share only and each debtor is only responsible for the performance of his share of obligation.

《References by de Becker》

  • (none)