Page:The Civil code of Japan (IA cu31924069576704).pdf/324

Any loss arising from the fact that the donee from whose gift the reduction is to be made has not the means of restoring falls upon the person entitled to the legal portion.

As to a gift subject to a charge, reduction can be demanded only in respect to that part which remains after deducting the amount of the charge from the amount of the gift.

A juristic act done upon consideration, if the consideration is inadequate, is deemed to be a gift only if all the parties concerned knew that it would cause damage to the person entitled to a legal portion. If in such case the person entitled to a legal portion demands reduction, he must restore the consideration.

If the donee has assigned to another the subject of the gift which is to be reduced, he must pay its value to the person entitled to a legal portion. If, however, the assignee at the time of assignment knew that such a transfer would cause damage to the person entitled to a legal portion, the latter may claim reduction against the assignee.

These provisions apply correspondingly, if the donee has created a right in the subject of the gift.

A donee or legatee can free himself from the duty