Page:The Civil code of Japan (IA cu31924069576704).pdf/54

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  1. The giving of security;
  2. An assignment of the rights acquired by the voidable act;
  3. A seizure under legal process.

126.

If the right of rescission is not exercised within five years from the time when ratification could have been made, it is extinguished by prescription.

The same applies, if twenty years have elapsed since the act was done.

Section V.
Conditions and Time of Commencement or Ending.

127.

An act subject to a condition precedent takes effect, when the condition happens.

An act subject to a condition subsequent ceases to have effect, when the condition happens.

If the parties to the act have expressed an intention that the effect of the happening of a condition shall relate back to a time before its happening, such intention is to govern.

128.

Any party to a juristic act subject to a condition must not, while the condition is pending, do anything by which the benefits which the other party might derive from the happening of the condition will be impaired.

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