Page:The Civil code of Japan (IA cu31924069576704).pdf/168

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

— 148 —

561.

If in the case falling under the preceding article the seller is not able to acquire the right which he has sold and to transfer it to the buyer, the latter may rescind the contract; but if he knew at the time of the contract that the right did not belong to the seller, he cannot claim damages.

562.

If a seller who at the time of the contract did not know that the right which he sold was not his, is not able to acquire it and transfer it to the buyer, he may rescind the contract on making compensation for damage.

If in such case the buyer knew at the time of the sale that the right which he bought did not belong to the seller, the latter may rescind the contract by merely informing the buyer that he is unable to transfer the right sold.

563.

If because a part of the right which is the subject of the sale belongs to another, the seller is not able to transfer it to the buyer, the latter may claim a reduction from the price in proportion to the part that is lacking.

If in such case the buyer would not have bought the remaining part alone, he may rescind the contract, provided he acted in good faith.

A demand for a reduction from the price or a rescission of the contract does not affect the claim for damages of a buyer acting in good faith.

This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.