Page:The Civil code of Japan (IA cu31924069576704).pdf/128

If a time which is uncertain has been designated for the performance of the obligation, the debtor is in mora after he has notice that such time has arrived.

If no time has been designated for the performance of the obligation, the debtor is in mora after a demand for performance has been made upon him.

If the creditor refuses to accept or cannot accept the performance of the obligation, he is in mora from the time when a tender of performance is made to him.

If the debtor wilfully fails to perform his obligation, the creditor may apply to the court for compulsory performance; except where the nature of the obligation does not admit of it.

When the nature of the obligation does not admit of compulsory performance, if the subject of the obligation is the doing of an act, the creditor may apply to the court to have it done by a third person at the debtor’s expense; but if the subject of the obligation is the doing of a juristic act, the decree of the court stands in the place of an expression of intention by the debtor.

As to an obligation whose subject is the forbearance from an act, the creditor may apply to the court to have such acts as have been done undone and proper measures taken for the future.

These provisions do not affect the right to claim damages.

If the debtor does not perform the obligation according to its terms, the creditor may claim damages.