Page:The Civil code of Japan (IA cu31924069576704).pdf/151

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— 131 —

501.

A person who according to the provisions of Arts. 499 and 500 is subrogated into the position of the creditor can, to the extent to which he might have recourse on the ground of his own right, exercise all the rights which the creditor had in respect to the effects of the obligation or to any security for it; but in such case the following rules are to be observed:—

  1. A surety is not subrogated into the position of the creditor as against a purchaser of an immovable which is the subject of a preferential right, pledge or mortgage, unless a note of the subrogation is added beforehand to the registry of such right.
  2. A purchaser is not subrogated into the position of the creditor against a surety;
  3. One of several purchasers is subrogated into the position of the creditor as against the other purchasers only in proportion to the value of each immovable.
  4. The provisions mentioned under No. 3 apply correspondingly among persons who from their own property have given security for the obligation of another.
  5. As between sureties and a person who from his own property has given security for the obligation of another, subrogation into the position of the creditor takes place only proportionally to the number of the persons. If, however, there are several persons who from their own property have given security for the obligation of another, as against them subrogation can take place only in respect to the amount which remains after deducting the
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