Page:The Civil code of Japan (IA cu31924069576704).pdf/150

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acceptance of the deposit, or the judgment of the court declaring the deposit valid has not become finally binding, the person performing may take back the thing deposited. In that case the deposit is deemed not to have been made.

This does not apply, if by the deposit a pledge or a mortgage has been extinguished.

497.

If the thing forming the subject of performance is not suitable for deposit, or if it is perishable or liable to injury, the person performing may with the permission of the court sell it at auction and deposit the proceeds. The same applies, if the keeping would be unreasonably expensive.

498.

If the debtor is to perform upon a prestation being made by the creditor, the latter can receive the thing deposited only on condition that he makes such prestation.

499.

A person who has performed on behalf of a debtor is subrogated into the rights of the creditor on obtaining his consent thereto at the time of performance.

In such cases the provisions of Art. 467 apply correspondingly.

500.

A person who has a rightful interest in performance is subrogated into the position of the creditor by operation of law.

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