Page:The Civil code of Japan (IA cu31924069576704).pdf/172
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pay the price wholly or partly according to the extent of the threatened loss; unless the seller gives proper security.
577.
If a preferential right, pledge or mortgage exists in an immovable sold, the buyer may refuse to pay the price, until the proceedings for the removal[1] of the encumbrance are finished; but the seller may require the buyer to proceed with such removal without delay.
578.
In the cases mentioned in the preceding two articles the seller may require the buyer to deposit the price.
Subsection III.
Repurchase.[2]
579.
The seller of an immovable may in pursuance of a special agreement for repurchase made at the time of the sale rescind the sale on repaying the price paid by the buyer together with the expenses of the sale. Unless the parties have expressed a contrary intention, the fruits of the immovable and the interest on the purchase price are deemed to have been set off against each other.
580.
The duration of a right to repurchase cannot exceed