Page:The Civil code of Japan (IA cu31924069576704).pdf/143

Such notice or assent can be set up against a third person other than the debtor only if it is made by a document having an authenticated date.

If the debtor has given the assent mentioned in the preceding article without reservation, he cannot set up against the assignee a defence which he might have made against the assignor. If, however, in order to extinguish the obligation, the debtor has made any payment to the assignor, he may recover it, or if for such purpose he has assumed an obligation to the assignor, he may treat it as if it did not exist.

If the assignor has merely given notice of the assignment, the debtor may set up against the assignee any defence which he had against the assignor, before he received such notice.

The assignment of an obligation performable to order can be set up against the debtor or other third persons only if the assignment is endorsed on the instrument, and the instrument itself is delivered to the assignee.

The debtor on an obligation performable to order has the right, but is not bound, to verify the identity of the holder of the instrument or the genuineness of his signature or seal; but if the debtor acts in bad faith or with gross negligence, his performance is not valid.

The provisions of the preceding article apply corre-