Page:The Civil code of Japan (IA cu31924069576704).pdf/125

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cannot be determined by the nature of the juristic act or the intention of the parties, the debtor must make prestation^[1] of a thing of medium quality.

In such case if the debtor has completed all acts necessary for the prestation of a thing, or if he with the consent of the creditor has selected a thing for the prestation, such thing becomes from that time the subject of the obligation.

402.

If the thing forming the subject of the obligation is money, the debtor may at his option perform in any kind of currency, unless the subject of the obligation is prestation of some particular kind of money.

If at the time of maturity of the obligation the particular kind of currency which forms its subject has lost its legal tender quality, the debtor may perform in any other currency.

These provisions apply correspondingly, if the subject of the obligation is prestation of foreign currency.

403.

If the amount of an obligation is expressed in foreign currency, the debtor may perform in Japanese currency at the rate of exchange prevailing at the place of performance.

↑ Prestation denotes any act which is done or omitted in favour of another. The word kyūfu suru 紿付スル used in the Japanese text is a translation of the German technical term leisten and the Latin præstare. Neither performance nor payment would express the same meaning, as will be clearly shown by Arts. 406, 410, 482, 488, 490, 491. There may be, for instance, several prestations in order to make one performance, and there may be a prestation without the obligation being discharged thereby.

[1] Prestation denotes any act which is done or omitted in favour of another. The word kyūfu suru 紿付スル used in the Japanese text is a translation of the German technical term leisten and the Latin præstare. Neither performance nor payment would express the same meaning, as will be clearly shown by Arts. 406, 410, 482, 488, 490, 491. There may be, for instance, several prestations in order to make one performance, and there may be a prestation without the obligation being discharged thereby.

[1]