Page:The Civil code of Japan (IA cu31924069576704).pdf/162

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537.

If a party by a contract has agreed to make a prestation to a third person, the latter has a right to claim such prestation directly from the debtor.

In such case the right of the third person comes into existence at the time when he expresses to the debtor his intention to take the benefit of the contract.

538.

After the right of the third person has come into existence in accordance with the provisions of the preceding article, if cannot be changed or extinguished by the parties to the contract.

539.

Defences based upon the contract mentioned in Art. 537 can be set up by the debtor against the third person in whose favour the contract is made.

Subsection III.
The Rescission of a Contract.

540.

If by the terms of the contract or by law one party is entitled to rescind the contract, that is done by an expression of intention to the other party.

Such expression of intention cannot be revoked.

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