Page:The Civil code of Japan (IA cu31924069576704).pdf/142

If, because the principal obligation was indivisible or because all the sureties have bound themselves by special agreement to perform the whole obligation, one of several sureties has performed the whole obligation or more than his proportional part thereof, the provisions of Arts. 442–444 apply correspondingly.

In a case other than the preceding case, if one of several sureties who are not jointly bound has performed the whole obligation or more than his proportional part thereof, the provisions of Art. 462 apply correspondingly.

An obligation may be assigned, unless its nature does not admit of it.

This provision does not apply, if the parties have expressed a contrary intention. Such expression of intention, however, cannot be set up against a third person acting in good faith.

The assignment of an obligation in favour of a specific creditor can be set up against the debtor or another third person only if notice has been given to the debtor, or if the latter has assented to the assignment.