Page:The Civil code of Japan (IA cu31924069576704).pdf/204

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enriched from another’s property or services, whereby the other has suffered a loss, is bound to make restitution to the extent to which the enrichment still exists.

704.

If a person has been enriched in bad faith, he must make restitution with interest. If any farther damage has arisen, he must also make compensation for that.

705.

If a person has made a prestation[1] as in performance of an obligation, knowing at the time that no such obligation actually existed, he cannot claim restitution of the subject of the prestation.

706.

When a debtor has made a prestation in performance of an obligation not yet due, he cannot claim restitution of the subject of the prestation. If, however, he made such prestation by mistake, the creditor must make restitution to the extent to which he is enriched thereby.

707.

If a person who is not a debtor has performed an obligation by mistake, and the creditor in consequence thereof has in good faith destroyed the documentary evidence of the obligation or given up any security or lost his right by prescription, the person performing cannot claim restitution.

These provisions do not affect the right of recourse of the person performing against the debtor.

  1. ↑ See note p. 105.
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