Book3 Chapter01 Title03 Part03

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 III. Obligations with a Plurality of Parties.

Article 432.

• When several persons bear a joint obligation, the creditor may demand total or partial performance either against any one of them or against all simultaneously or successively.

《References by de Becker》

• (In reference vide German Civil Code, Art. 421.)

Article 433.

• The existence of a cause of voidness or voidability of a juristic act with regard to one of the joint debtors does not affect the validity of the obligation of the other debtors.

《References by de Becker》

• (In reference vide Arts. 4, 9, 12, 14, 90, and 93-96; also Art. 425 of the German Civil Code.)

Article 434.

• A demand for performance made against one of the joint debtors also takes effect against all the others.

《References by de Becker》

• (In reference vide Art. 147 and Art. 12, Paragraph 3.)

Article 435.

• When a novation has been made between one of the joint debtors and the creditor, the obligation is extinguished in favour of all the debtors.

《References by de Becker》

• (In reference vide Arts. 442 and 513.)

Article 436.

• [I] In case one of the joint debtors has an obligation (a claim) against the creditor, if such debtor makes a set-off, the obligation is extinguished in favour of all the debtors.
• [II] So long as the debtor who has the said obligation does not make a set off, the other debtors can make the same only with regard to the debtor's share in the obligation.

《References by de Becker》

• (In reference vide German Civil Code, Art. 422.)

Article 437.

• A release of an obligation made to one of the joint debtors takes effect in favour of the other debtors only with regard to the said debtor's share in the obligation.

《References by de Becker》

• (In reference vide Arts. 442 and 519; also Art. 423 of the German Civil Code.)

Article 438.

• When a confusion has been brought about between one of the joint debtors and the creditor, such debtor is deemed to have effected performance.

《References by de Becker》

• (In reference vide Arts. 442, 444 and 520; also Art. 425 (2) of the German Civil Code.)

Article 439.

• When prescription is completed in favour of one of the joint debtors, the other debtors are also freed from their obligation with regard to the said debtor's share.

《References by de Becker》

• (In reference vide Arts. 147, 166 et seq. and 434; also Art. 425 (2) of the German Civil Code.)

Article 440.

• With the exception of those facts mentioned in the preceding six Articles, facts happening to one of the joint debtors do not take effect with regard to the other debtors.

《References by de Becker》

• (In reference vide Arts. 424 and 425 of the German Civil Code.)

Article 441.

• When all the joint debtors , or some of them, have been adjudged bankrupt, the creditor may participate in the distribution of the assets of each estate for the full amount of the obligation.

《References by de Becker》

• (In reference vide Art. 432.)

Article 442.

• [I] When one of the joint debtors has performed the obligation or has otherwise obtained the common discharge at his own cost, he has a right of recourse against the other debtors for the amount of their respective shares.
• [II] The recourse (claim for reimbursement) of the preceding Paragraph includes legal interest from the date when the obligation was performed or otherwise discharged, unavoidable expenses, and compensation for other damage.

《References by de Becker》

• (none)

Article 443.

• [I] In case one of the joint debtors has made performance or otherwise at his own expense obtained the common discharge of all the debtors without notifying the other debtors of the fact of receiving a demand from the creditor, if the other debtors had defences which they could have set up against the creditor they may set them up against the said debtor with regard to their shares of the obligation ; but when a set-off is established against him, the debtor in fault may demand against the creditor performance of the obligation which would have been extinguished by the set-off.
• [II] When, owing to the neglect of one of the joint debtors to notify the other debtors of the fact of the performance or the common discharge otherwise obtained at his expense, one of the other debtors has made performance in good faith or otherwise obtained discharge for a consideration, such debtor may consider his performance or other act of discharge as valid.

《References by de Becker》

• (none)

Article 444.

• If among the joint debtors there is one who has no means of making repayment, the part that cannot be repaid by him is divided among the claimant for reimbursement (compensation) and the other persons who have means in proportion to their respective shares of the joint obligation ; but when the claimant for reimbursement is in fault he cannot demand any share against the other debtors.

《References by de Becker》

• (In reference vide Art. 426 (1) of the German Civil Code.)

Article 445.

• In case one of the joint debtors has obtained release from the joint obligation, if among the other debtors one has no means to perform, the creditor bears, with regard to the part which cannot be repaid by the insolvent person, the part which should have been borne by the person who has obtained release from the joint responsibility.

《References by de Becker》

• (none)