1896ja Book2 Chapter09 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.

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Chapter IX. Pledge (PIGNUS).

Title I. General Provisions.

Article 342.

• A pledgee has the right of possessing the thing received from the debtor or a third person as security for his obligation and of obtaining performance of the obligation out of such thing in preference to other creditors.

《References by de Becker》

• (Vide Arts. 1204, 1205, and 1208 of the German Civil Code.)

Article 343.

• No pledge can have as its subject a thing which cannot be assigned.

《References by de Becker》

• (In reference vide Art. 362; also Arts. 1274 (2) of the German Civil Code.)

Article 344.

• The creation of a pledge takes effect upon the delivery to the creditor of the subject thing.

《References by de Becker》

• (In reference vide Art. 345; also Art. 1205 of the German Civil Code.)

Article 345.

• The pledgee cannot cause the pledgor to possess (hold) in his place the thing pledged.

《References by de Becker》

• (In reference ride Art. 181.)

Article 346.

• The pledge secures the principal, interest and penalty for breach of contract, expenses of enforcement of the pledge, expenses of preservation of the thing pledged, and compensation for damages resulting from non-performance of the obligation or from the hidden (latent) defects of the thing pledged; unless it is otherwise provided in the act of creation.

《References by de Becker》

• (In reference vide Arts. 420 and 354; also Art. 1210 of the German Civil Code.)

Article 347.

• The pledgee can retain the thing pledged until he has obtained performance of the obligation mentioned in the preceding Article; but this right cannot be set up against a creditor who has a preferential right against him.

《References by de Becker》

• (In reference vide Arts. 330, 334 and 350.)

Article 348.

• The pledgee can re-pledge the thing pledged upon his responsibility for a period of time not exceeding the duration of his own right. In this case, however, he is responsible for any loss or damage caused by an irresistible force (vis major) which would not have resulted if the thing had not been re-pledged.

《References by de Becker》

• (In reference vide Arts. 361 and 375.)

Article 349.

• The creator of a pledge cannot, either by the act of creation or by a contract made before the performance of the obligation is due, agree to let the pledgee acquire the ownership of the thing pledged by way of performance, nor promise to allow him to dispose of it in any manner other than is fixed by law.

《References by de Becker》

• (In reference vide Art. 579 and the Regulations for the Business of of Pawnbrokers; also Art. 1229 of the German Civil Code.)

Article 350.

• The provisions of Arts. 296 to 300 and Art. 304 apply mutatis mutandis to a right of pledge.

《References by de Becker》

• (Vide Arts. 1213, 1214 (2) and 1215 of the German Civil Code.)

Article 351.

• When a person who has created a pledge for securing the obligation of another person, has performed the obligation or has lost the ownership of the thing pledged owing to the enforcement of the pledge, he has the right of demanding compensation from the debtor in accordance with the provisions relating to suretyship.

《References by de Becker》

• (In reference vide Arts. 459 and 464; also Art. 1225 of the German Civil Code.)