Page:The Civil code of Japan (IA cu31924069576704).pdf/138

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  1. He must have the means to perform;
  2. He must have his domicile within the jurisdiction of the court of appeal which has jurisdiction over the place of performance, or he must establish a special domicile there.

If the qualifications mentioned under Nos. 2 and 3 cease to exist, the creditor may demand that another person having those qualifications be substituted for the surety.

These provisions do not apply, if the surety has been designated by the creditor.

451.

If the debtor cannot furnish a surety having the qualifications mentioned in the preceding article, he may instead thereof give some other kind of security.

452.

If the creditor demands performance of the obligation from the surety, the latter may require that the principal debtor be first called upon to perform; unless the principal debtor has been adjudged bankrupt, or his whereabouts is unknown.

453.

Even after the principal debtor has been called upon as provided in the preceding article, if the surety can prove that the principal debtor has the means to perform, and that enforcement against him would not be difficult, the creditor must first enforce his obligation against the property of the principal debtor.

454.

If the surety becomes bound jointly with the principal

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