Page:The Civil code of Japan (IA cu31924069576704).pdf/170

If the buyer has preserved his ownership by expenditures from his own resources, he may claim reimbursement for such expenditures against the seller.

If in either case the buyer has suffered damage, he may claim compensation.

The buyer at an execution sale may in accordance with the provisions of the preceding seven articles rescind the contract or claim reduction from the price against the debtor.

If the debtor is insolvent, the buyer at such sale may demand from the creditors to whom the proceeds have been distributed the restoration of the whole or a part of such proceeds.

If in these cases the debtor knew of the deficiency in the thing or right, and did not give notice thereof, or if the creditor who demanded the execution sale knew of such deficiency, the buyer may claim damages from the person in fault.

If the seller of an obligation warrants the solvency of the debtor, it is presumed that the warranty is of such solvency at the time of the contract.

If the seller of an obligation not yet due warrants the future solvency of the debtor, it is presumed that the warranty is of such solvency at the time of the maturity of the obligation.

If the thing sold has a latent defect, the provisions of Art. 566 apply correspondingly; but not, if the thing is bought at an execution sale.