Page:The Civil code of Japan (IA cu31924069576704).pdf/163

This page has been proofread, but needs to be validated.

— 143 —

541.

If one party does not perform the contract, the other party may fix a reasonable time and notify him to perform within that time. If he does not perform within that time, the other party may rescind the contract.

542.

If the object of the contract according to its nature or to an intention expressed by the parties can be accomplished only by performance at or within a specified time, and such time has expired without one of the parties having performed, the other party may rescind the contract without the notification mentioned in the preceding article.

543.

If performance becomes wholly or partly impossible by a cause attributable to the debtor, the creditor may rescind the contract.

544.

If one party consists of several persons, rescission of the contract can be made only by or against all of them.

If in such case the right of rescission is extinguished as to one of them, it is extinguished also as to the others.

545.

If one party has exercised his right of rescission, each party must restore the other to his former condition; but this cannot impair any right of a third person.

To money which is to be repaid in the foregoing case