Book3 Chapter01 Title05 Part02
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 III. OBLIGATIONS (or CLAIMS).
Chapter I. General Provisions.
Title V. Extinction of Obligations.
Part II. Set-off (Compensatio).
Article 505.
- [I] If two persons mutually owe acts of performance to each other the subjects of which are of the same kind and both of which are due, either debtor may be freed from his obligation with respect to the corresponding amount by means of set-off, except when the nature of the obligation does not permit.
- [II] The provisions of the preceding Paragraph do not apply when the parties concerned have expressed an opposite intention; but such expression of intention cannot be set up against third persons in good faith.
《References by de Becker》
- (In reference vide Arts. 136, 506, 509, 510 and 511; also German Civil Code, Arts. 387 and 389.)
Article 506.
- [I] Set-off is effected by an expression of intention made by one of the parties concerned to the other party; but such expression of intention cannot be subjected to a condition or a limitation of time.
- [II] The expression of intention of the preceding Paragraph is retroactive in its effect to the time when the obligations on both sides first became suitable to be set off against each other.
《References by de Becker》
- (In reference vide German Civil Code, Arts. 388 and 389.)
Article 507.
- A set-off may be made even when the obligations on both sides are performable in different places; but the party concerned who makes the set-off must compensate the other party for any damage resulting therefrom.
《References by de Becker》
- (In reference vide Art. 484; also German Civil Code, Art. 391.)
Article 508.
- An obligation can be set off even after it has been extinguished by prescription, provided that it was suitable for set-off previous to its extinction.
《References by de Becker》
- (In reference vide Art. 505; also German Civil Code, Art. 390.)
Article 509.
- The debtor of an obligation resulting from an unlawful act cannot oppose the creditor with a set-off.
《References by de Becker》
- (In reference vide German Civil Code, Art. 393.)
Article 510.
- The debtor of an obligation the seizure of which is prohibited cannot oppose the creditor with a set-off.
《References by de Becker》
- (In reference vide the Code of Civil Procedure, Art. 618; also Art. 394 of the German Civil Code.)
Article 511.
- A garnishee who has been prohibited by a Court from making payment cannot set up against the garnishor an obligation acquired subsequent to garnishment.
《References by de Becker》
- (In reference vide Art. 481, the Code of Civil Procedure, Art. 598, and Art. 392 of the German Civil Code.)
Article 512.
- The provisions of Arts. 488 to 491 apply correspondingly to a set-off.
《References by de Becker》
- (In reference vide German Civil Code, Art. 396.)
