Page:The Civil code of Japan (IA cu31924069576704).pdf/111

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351.

A person who has given a pledge as security for the obligation of another is entitled to recourse against the debtor according to the provisions of law as to suretyship, if he has performed the obligation or has lost the ownership of the thing pledged in consequence of the enforcement of the pledge.

Section II.
Pledge of a Movable.

352.

The pledgee of a movable cannot set up his pledge against a third person, unless he continues to hold possession of the thing.

353.

If the pledgee of a movable is deprived of the possession of the thing, he can recover it only by an action for the recovery of possession.

354.

If the obligation existing in favour of the pledgee is not performed, he may, provided there is a reasonable ground for doing so, apply to the court to have the thing pleged at once appropriated for the performance according to a valuation by experts. The pledgee

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