Page:The Civil code of Japan (IA cu31924069576704).pdf/119

A third person who has purchased an immovable subject to a condition precedent has not the right to remove a mortgage pending the condition.

If a mortgagee intends to enforce his mortgage, he must give previous notice thereof to the purchaser mentioned in Art. 378.

A purchaser may remove a mortgage at any time, before he receives the notice mentioned in the preceding article.

When the purchaser has received the notice mentioned in the preceding article, he can remove a mortgage only on condition that he serves within one month the documents specified in Art. 383.

A third person who has purchased one of the rights mentioned in Art. 378, after the notice mentioned in Art. 381 has been given, can remove a mortgage only within the period fixed for the purchaser mentioned in the preceding paragraph.

If a purchaser intends to remove a mortgage, he must serve upon each registered creditor the following documents:—

1. A document specifying the title and the date of his purchase, the name and the domicile of the grantor and of the purchaser, the nature and locality of the immovable mortgaged, the price and other charges assumed by the purchaser;