Page:The Civil code of Japan (IA cu31924069576704).pdf/118
— 98 —
376.
If in any case mentioned in the preceding article the principal debtor has neither been notified according to the provisions of Art. 467 of the disposal of the mortgage nor consented to it, such disposal cannot be set up against him, a surety, the mortgagor or a successor of any of them.
If the principal debtor after receiving such notice or after such consent performs without the consent of the person in whose favour such disposal was made, he cannot set up such performance against the latter or his successor.
377.
If a third person who has bought the ownership of or a superficies in the immovable mortgaged, pays the price to the mortgagee at the latter’s request, the mortgage is extinguished in favour of the buyer.
378.
A person who has purchased[1] the ownership of or a superficies or emphyteusis in an immovable may, under the provisions of Arts. 382–384, remove a mortgage by paying or depositing a sum proposed to the mortgagee and assented to by him.
379.
The principal debtor, a surety or a successor of either of them has not the right to remove a mortgage.
- ↑ Purchase means in this Section the acquisition of a right otherwise than as heir or legatee. This is nearly its technical meaning in the English law.