Page:The Civil code of Japan (IA cu31924069576704).pdf/105

preferential right, the latter takes precedence; but the preferential right on account of expenses for the common benefit takes precedence as against all creditors who are benefited thereby.

If preferential sights in the same movable conflict, the order of their precedence is as follows:—

1. The preferential right on account of the hiring of an immovable, of lodging in an inn and of transportation;
2. The preferential right on account of the preservation of a movable; but if there are several persons entitled as preservers, a later preserver takes precedence of an earlier one;
3. The preferential right on account of the sale of a movable, of the supply of seeds, young plants or manure, and of agricultural and industrial services.

If a person who has a preferential right of the first rank knew at the time when he acquired his obligation that other persons had preferential rights of the second or third rank, he cannot exercise his right of precedence against them.

The same applies to a person who has preserved a thing for the benefit of a person having a preferential right of the first rank.

As to fruits, an agricultural labourer has the first rank, a supplier of seeds, young plants and manure the second, and the lessor of the land the third.

If special preferential rights in the same immovable