Page:The Civil code of Japan (IA cu31924069576704).pdf/152

share to be borne by the sureties, and in proportion to the value of the respective properties given as security.

If in such case the property is an immovable thing, the provisions of No. 1 apply correspondingly.

If subrogation takes place upon a part performance, the person performing exercises the right together with the creditor in proportion to the value given by him.

In such case the creditor only is entitled to rescind the contract for non-performance; but he must restore to the party making part performance the value given by the latter with interest.

A creditor who has received performance from a person who is thereupon subrogated into his position must deliver to such person the documents relating to the obligation and all things which he held as security.

If subrogation takes place upon a part performance, the creditor must note such subrogation upon the documents relating to the obligation, and must permit the party performing to see to the preservation of the things which he holds as security.

If a third person is according to Art. 500 to be subrogated into the position of the creditor, and the latter intentionally or by omission has destroyed or diminished the security, such third person is discharged from his liability to the extent to which he is thereby prevented from getting reimbursement.