Page:The Civil code of Japan (IA cu31924069576704).pdf/107

movables, and only in case that is insufficient can he receive performance out of immovables.

As to immovables he must receive performance first out of such immovables as are not the subjects of special rights of security.

If a person who has a general preferential right omits to intervene in a distribution of property according to the foregoing provisions, he is forbidden to exercise his preferential right against a third person whose right is registered, to the extent of what he would have received on such intervention.

The provisions of the three preceding paragraphs do not apply, if the proceeds of immovable property are distributed before those of other property, or if the proceeds of an immovable which is the subject of a special security are distributed before the proceeds of other immovable things.

A general preferential right, even though not registered in respect to an immovable, may be set up against any creditor who has no special security; but this does not apply against a third person whose right is registered.

A preferential right on account of the preservation of an immovable retains its effect, if it is registered as soon as the act of preservation is completed.

A preferential right on account of work done upon an immovable retains its effect, if a provisional