Page:The Civil code of Japan (IA cu31924069576704).pdf/161

or transfer of a real right in a specific thing, and such thing is lost or damaged by a cause which is not attributable to the debtor, the loss or damage falls upon the creditor.

When the subject of the contract is a non-specific thing, the foregoing provisions apply from the time when the thing has become specific in accordance with the provisions of Art. 401, 2.

The provisions of the preceding article do not apply, if the thing which forms the subject of a bilateral contract depending upon a condition precedent is lost while the condition is pending.

If the thing is injured by a cause not attributable to the debtor, the damage falls upon the creditor.

If the thing is injured by a cause attributable to the debtor, the creditor, when the condition happens, may at his option either require performance of the contract or rescind it. But the right to damages is not affected thereby.

Except in the cases mentioned in the two preceding articles, if an obligation becomes impossible of performance by a cause not attributable to either party, the debtor has no right to receive the counter-prestation.

If performance becomes impossible by a cause attributable to the creditor, the debtor does not lose his right to the counter-prestation; but if he has received any benefit from being discharged from his obligation, he must surrender it to the creditor.