Page:The Civil code of Japan (IA cu31924069576704).pdf/130

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amount of damages for non-performance of an obligation. In such case the court may tot increase or reduce such amount.

Such a previous fixing of the amount of damages does not affect the right to claim the performance or rescission of the obligation.

A penalty is presumed to be a previously fixed amount of damages.

421.

The provisions of the preceding article apply correspondingly, where the parties have agreed beforehand that compensation shall be made in something other than money.

422.

If the creditor receives as damages the full value of the thing or right which forms the subject of the obligation, the debtor is subrogated by operation of law into the position of the creditor as to such thing or right.

423.

In order to protect his obligation, the creditor may exercise the rights of the debtor, except such as are merely personal to the debtor.

So long as the obligation is not yet due, the creditor can exercise the rights of his debtor only by virtue of a judicial subrogation; but this does not apply to acts of preservation.

424.

The creditor may apply to the court for the rescission of any juristic act done by the debtor

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