Page:The Civil code of Japan (IA cu31924069576704).pdf/200

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Section XIII.
Life Annuities.

689.

A contract of life annuity is where one party agrees to make prestations[1] in money or other things to the other party or to a third person at fixed times, until his own death or that of the other party or of the third person.

690.

Life annuities are apportionable by days.[2]

691.

If, when the debtor has received a capital sum, he fails to make prestation of the instalments or to perform any other of his obligations, the other party may claim the return of the capital; but he must repay to the debtor the surplus which remains after deducting the interest on the capital sum from the instalments already received.

This does not affect a claim for damages.

692.

The provisions of Art. 533 apply correspondingly to the case mentioned in the preceding article.

  1. ↑ See note p. 105.
  2. ↑ This means that, if the annuitant dies during one of the periods, the prestation for that period is apportioned to the number of days of the period which have elapsed.
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