Page:The Civil code of Japan (IA cu31924069576704).pdf/154

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508.

A creditor may set off an obligation which is extinguished by prescription, if it could have been set off before its extinction.

509.

If an obligation arises from an unlawful act, the debtor cannot avail himself of a set off against the creditor.

510.

If the obligation is one that cannot be seized under legal process, the debtor cannot avail himself of a set off against the creditor.

511.

A garnishee who has been forbidden by the court to perform cannot set off against the garnishor an obligation subsequently acquired by him.

512.

The provisions of Arts. 488–491 apply correspondingly to set off.


Subsection III.
Novation.[1]

513.

If the parties make a contract by which any material


  1. Novatio in Roman Law.