Page:The Civil code of Japan (IA cu31924069576704).pdf/139

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debtor, he has not the rights mentioned in the preceding two articles.

455.

If the creditor, disregarding a demand made by the surety according to the provisions of Arts. 452 and 453, has not called upon or enforced his obligation against the principal debtor, and cannot afterwards obtain full performance from him, the obligation of the surety is discharged to the extent to which the creditor would have received performance, if he had at once made such call or enforcement.

456.

When there are several sureties, the provisions of Art. 427 apply, even though they have assumed their obligations by separate acts.

457.

A demand for performance made upon the principal debtor or an interruption of the prescription as against the principal debtor has effect also against a surety.

A surety may avail himself against the creditor by way of set off of any obligation which exists in favour of the principal debtor against the creditor.

458.

If the principal debtor is bound jointly with the surety, the provisions of Arts. 434–440 apply.

459.

A surety who has become such at the request of the principal debtor, if without his own fault he has been adjudged to perform the obligation, or if in place of

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