Page:The Civil code of Japan (IA cu31924069576704).pdf/145

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cannot make performance against the will of the debtor.

475.

If a person has delivered by way of performance a thing belonging to another, he can reclaim it only on condition that he makes another and valid performance.

476.

If the owner of a thing who has not capacity to assign it delivers it in performance, and the performance is afterwards rescinded, he can reclaim the thing only on condition that he makes another and valid performance.

477.

If in the cases mentioned in the preceding two articles the creditor has in good faith consumed or assigned the thing delivered in performance, such performance is valid; but this does not impair the creditor’s right of recourse against the person performing, if a third person has claimed damages from him.

478.

If performance is made to the quasi-possessor of an obligation, it is valid only if the person making performance acted in good faith.

479.

Except in the case mentioned in the preceding article, a performance made to a person who is not entitled to receive it, is valid only to the extent to which the creditor has been enriched thereby.

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