Page:The Civil code of Japan (IA cu31924069576704).pdf/149

By a tender of performance a discharge is effected, from the time of the tender, from all liabilities arising out of non-performance.

A tender of performance must be according to the terms of the obligation, and must be actual; but if the creditor refuses beforehand to accept performance, or if it is necessary for the creditor to do any act in respect to the performance, it is sufficient to give notice that all preparations for performance have been made, and to notify the creditor to accept performance.

If the creditor refuses or is unable to accept performance, the person performing may discharge the obligation by depositing for the creditor’s benefit the thing forming the subject of the obligation. The same applies, if the person performing, without fault on his part, cannot ascertain who is the creditor.

A deposit must be made at the deposit office of the place where the obligation is to be performed.

If there are no special provisions by law or regulations as to the deposit office, the court must on the application of the person performing designate a deposit office and appoint a keeper of the thing deposited.

The depositor must at once give notice of the deposit to the creditor.

So long as the creditor has not signified his