Page:The Civil code of Japan (IA cu31924069576704).pdf/63

This page has been proofread, but needs to be validated.

— 43 —

This provision does not prevent the running of acquisitive prescription, from the time of possession, in favour of a third person who possesses a thing being the subject of a right to which a time of commencement or a condition precedent is annexed; but the person entitled can always demand an acknowledgment by the possessor in order to interrupt the prescription.

167.

An obligation is extinguished, if it is net exercised for ten years.

Property rights other than obligations and ownership are extinguished, if they are not exercised for twenty years.

168.

An obligation whose subject is the payment of money by instalments is extinguished, if it is not exercised for twenty years from the time for the first payment. The same applies, if ten years have elapsed since the time for the last payment.

The creditor to whom such money is due may at any time demand from the debtor a written acknowledgement of the debt, in order to obtain evidence of the interruption of prescription.

169.

If an obligation whose subject is the delivery of money or any other thing within one year or less is not exercised for five years, it is extinguished.

170.

In the following cases obligations are extinguished, if they are not exercised for three years:—