Page:The Civil code of Japan (IA cu31924069576704).pdf/169

The rights mentioned in the preceding article must be exercised within one year, which is computed, if the buyer acted in good faith, from the time when he first had notice of the facts, if he acted in bad faith from the time of the contract.

The provisions of the preceding two articles apply correspondingly, where a thing was sold with a specification of its quantity, or where a part of the thing sold had already been lost at the time of the contract, and the buyer had no notice thereof.

If the thing sold is subject to a superficies, emphyteusis, servitude, lien or pledge, of which the buyer did not have notice, he may rescind the contract, provided that because of such incumbrance he is unable to accomplish the object for which he made the contract. In other cases he can only claim damages.

The provisions of the foregoing paragraph apply correspondingly, if a servitude which is represented to exist in favour of an immovable does not exist, or a registered lease of such immovable exists.

In the preceding cases the rescission of the contract or the claim for damages must be made within one year from the time when the buyer has notice of the facts.

If the buyer loses the ownership of an immovable sold by reason of the exercise of a preferential right or a mortgage which existed in such immovable, he may rescind the contract.