Page:The Civil code of Japan (IA cu31924069576704).pdf/110

and any penalty, for the costs of enforcement of the right of pledge, for the expenses of the preservation of the thing pledged and for damages arising from nonperformance of the obligation or from latent defects in the thing pledged; except so far as it is otherwise provided in the act of creation.

The pledgee is entitled to retain the possession of the thing pledged, until he has received performance of the obligation mentioned in the preceding article; but he cannot set up this right against a creditor who has a right of precedence over him.

The pledgee may on his own responsibility repledge the thing pledged within the time of the duration of his own right. In that case, however, he is responsible for any damage caused to the thing by vis major, which would not have happened but for the repledge.

The pledgor cannot, either by the act of creation or by an agreement made before the obligation is due, in order to make performance to the pledgee, agree that the latter shall become the owner of the thing pledged or shall dispose of it without complying with the requirements of the law.

The provisions of Arts. 296–300 and of Art. 304 apply correspondingly to a pledge.