Page:The Civil code of Japan (IA cu31924069576704).pdf/148

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489.

If the parties do not appropriate the performance, the appropriation of it is to be made according to the following rules:—

  1. If some of the different obligations are due and some are not due, those which are due have precedence;
  2. If all the obligations are due or all are not due, those have precedence, whose performance is more advantageous to the debtor;
  3. If the advantage is equal, those have precedence, which first came due or will first become due;
  4. If the obligations are equal in the respects mentioned under Nos. 2 and 3, the performance is to be appropriated among them in proportion to their respective amounts.

490.

When for the performance of a single obligation several prestations are to be made, if the person performing makes a prestation not sufficient to extinguish the obligation, the provisions of the preceding two articles apply correspondingly.

491.

In case a debtor is bound in regard to one or several obligations to pay, besides the principal, interest and expenses, and the person performing makes a prestation not sufficient to extinguish the whole obligation, it is to be appropiated in the following order: first expenses, then interest and lastly principal.

In this case the provisions of Art. 489 apply correspondingly.

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