Page:The Civil code of Japan (IA cu31924069576704).pdf/115

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When an obligation which is not for money is pledged, the pledgee has a right of pledge in the thing received in performance thereof.

368.

In addition to the manner provided in the preceding article, the pledgee may enforce the pledge also in the manner provided for the enforcement of obligations in the Code of Civil Procedure.

Chapter X.
Mortgage.

Section I.
General Provisions.

369.

A mortgagee has a right to receive, in preference to other creditors, performance out of the immovable which the debtor or a third person, without transferring its possession, has made security for an obligation existing in favour of the mortgagee.

A superficies or emphyteusis can also be made the subject of a mortgage. In such case the provisions of this Chapter apply correspondingly.

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