Page:The Civil code of Japan (IA cu31924069576704).pdf/319

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1118.

An executor can commit the performance of his duties to a third person only in case of necessity, unless the testator has expressed a contrary intention in his will.

If the executor has committed the performance of his duties to a third person in accordance with the proviso of the foregoing paragraph, his responsibility to the heirs is as specified in Art. 105.

1119.

If there are several executors, the manner of performing their duties is decided by a majority vote; but if the testator has expressed a different intention in his will, such intention is to govern.

The provisions of the preceding paragraph notwithstanding, each executor has the right to do acts of preservation.

1120.

An executor is entitled to remuneration only if it is so provided in the will.

If the court appoints an executor, it may grant him a remuneration according to the circumstances of the case.

If an executor is entitled to remuneration, the provisions of Arts. 648, 2, 3, apply correspondingly.

1121.

Any person interested can apply to the court for the removal of an executor, if he neglects his duties, or for any other just cause.

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