Page:The Civil code of Japan (IA cu31924069576704).pdf/123

This page has been proofread, but needs to be validated.

— 103 —

the provisions of the preceding paragraph the other creditors may demand that the amount which will come to him in the distribution shalt be deposited.

395.

A lease which does not exceed the duration specified in Art. 602 may be set up against the mortgagee even though registered after the mortgage; but if such lease causes damage to the mortgagee, the court may on his application order its cancellation.

Section III.
The Extinction of the Mortgage.

396.

A mortgage is extinguished by prescription as to the debtor and the mortgagor only on the extinguishment of the obligation secured by it.

397.

If a person other than the debtor or mortgagor has possession of the immovable mortgaged under the conditions necessary for acquisitive prescription, the mortgage is extinguished thereby.

398.

A person who has mortgaged a superficies or emphyteusis cannot set up the surrender of his right against the mortgagee.

This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.