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Article 422-2第四百二十二条の二
Right to Demand Substitute(代償請求権)
Article 422-2, paragraph (1)
If the obligor acquires a right or profit as a substitute for the subject matter of the obligation due to the same cause as the one that has rendered the performance of the obligation impossible, the obligee may demand the transfer of the right or reimbursement of the profit from the obligor, to the extent of the amount of damage sustained by them.
Subsection 2 Obligee's Right of Subrogation第二款 債権者代位権
Article 423第四百二十三条
Requirements for Obligee's Right of Subrogation(債権者代位権の要件)
Article 423, paragraph (1)
An obligee may exercise the right of the obligor (referred to as the "subrogor's right" below) when it is necessary to do so in order to preserve the obligee's own claim; provided, however, that this does not apply to rights which belong exclusively to and are personal to the obligor or rights which are immune from seizure.
The obligee may not exercise the subrogor's right unless and until the obligee's claim becomes due; provided, however, that this does not apply to an act of preservation.
If the obligee exercises the subrogor's right, and the subject of the subrogor's right is divisible, the obligee may exercise the subrogor's right only to the extent of the amount of the obligee's own claim.
If the obligee exercises the subrogor's right, and the subject of the subrogor's right is the payment of money or delivery of movables, the obligee may demand that the other party make the payment or delivery to the obligee. In such a case, if the other party makes the payment or delivery to the obligee, the subrogor's right is extinguished thereby.
If the obligee exercises the subrogor's right, the other party may duly assert against the obligee any defense that may be asserted against the obligor.
Obligor's Authority to Collect and Dispose(債務者の取立てその他の処分の権限等)
Article 423-5, paragraph (1)
Even if the obligee exercises the subrogor's right, the obligor is not precluded from independently collecting or otherwise disposing of the subrogor's right. In such a case, the other party is not precluded from performing the obligation to the obligor with respect to the subrogor's right.
Obligee's Right of Subrogation to Preserve the Right to Request Registration(登記又は登録の請求権を保全するための債権者代位権)
Article 423-7, paragraph (1)
A person that has acquired by assignment from another person a property for which the acquisition or loss of rights and the change to rights cannot be duly asserted against a third party unless registered may exercise the assignor's right to request a third party to complete the registration procedure if the assignor does not exercise that right. In such a case, the provisions of the preceding three Articles apply mutatis mutandis.
Subsection 3 Right to Demand Revocation of Fraudulent Act第三款 詐害行為取消権
Division 1 Requirements for Right to Demand Revocation of Fraudulent Act第一目 詐害行為取消権の要件
Article 424第四百二十四条
Demand for Revocation of Fraudulent Act(詐害行為取消請求)
Article 424, paragraph (1)
An obligee may demand the court to revoke an act which the obligor commits knowing that it will prejudice the obligee; provided, however, that this does not apply if a person that benefits from that act (referred to as the "beneficiary" in this Subsection below) does not know, at the time of the act, that the obligee will be prejudiced.
The provisions of the preceding paragraph do not apply to an act with a subject other than property rights.
前項の規定は、財産権を目的としない行為については、適用しない。
Article 424, paragraph (3)
The obligee may make the demand under the provisions of paragraph (1) (referred to as "demand for revocation of fraudulent act" below) only if the obligee's claim has arisen from a cause that existed before the act prescribed in paragraph (1).
Special Provisions for Act of Disposing of Property in Exchange for Reasonable Value(相当の対価を得てした財産の処分行為の特則)
Article 424-2, paragraph (1)
If the obligor commits an act of disposing of a property held thereby, and, in exchange, acquires a reasonable value from the beneficiary, the obligee may make demand for revocation of fraudulent act with respect to that act only if the act satisfies all of the following requirements:
the act is to lead to the risk that the obligor would conceal, gratuitously convey, or otherwise dispose of the property in a manner prejudicial to obligees (referred to as "concealment or other disposition" in this Article below) by realizing immovables or otherwise changing the kind of the property through that disposition;
the obligor, at the time of the act, has the intention to engage in concealment or other disposition of any property such as money that the obligor acquires as in exchange for the act; and
the beneficiary, at the time of the act, knows that the obligor has the intention to engage in concealment or other disposition.
受益者が、その行為の当時、債務者が隠匿等の処分をする意思を有していたことを知っていたこと。
Article 424-3第四百二十四条の三
Special Provisions for Provision of Security to Specific Obligee(特定の債権者に対する担保の供与等の特則)
Article 424-3, paragraph (1)
The obligee may make demand for revocation of fraudulent act with respect to an act concerning the provision of a security or extinguishment of an obligation that is committed by the obligor with regard to an existing obligation, only if the act satisfies all of the following requirements:
the act is committed while the obligor is unable to pay debts (meaning the condition in which the obligor, due to lack of ability to pay, is generally and continuously unable to pay debts as they become due; the same applies in item (i) of the following paragraph); and
the act is committed by the obligor in collusion with the beneficiary with the intention to prejudice other obligees.
その行為が、債務者と受益者とが通謀して他の債権者を害する意図をもって行われたものであること。
Article 424-3, paragraph (2)
If the act prescribed in the preceding paragraph is not within the scope of the obligor's obligation or the time of the act is not such that is required as the obligor's obligation, and it satisfies all of the following requirements, the obligee may make demand for revocation of fraudulent act with respect to that act, notwithstanding the provisions of that paragraph:
the act is committed within 30 days before the obligor became unable to pay debts; and
その行為が、債務者が支払不能になる前三十日以内に行われたものであること。
Article 424-3, paragraph (2), item (ii)
the act is committed by the obligor in collusion with the beneficiary with the intention to prejudice other obligees.
その行為が、債務者と受益者とが通謀して他の債権者を害する意図をもって行われたものであること。
Article 424-4第四百二十四条の四
Special Provisions for Substitute Performance for Excessive Consideration(過大な代物弁済等の特則)
Article 424-4, paragraph (1)
With respect to an act concerning the extinguishment of an obligation which has been committed by the obligor, if the value of the payment or delivery received by the beneficiary exceeds the amount of the obligation extinguished by that act, and the act satisfies the requirement prescribed in Article 424, the obligee may make demand for revocation of fraudulent act with regard to the part other than the part corresponding to the amount of the obligation extinguished, notwithstanding the provisions of paragraph (1) of the preceding Article.
Demand for Revocation of Fraudulent Act against Subsequent Acquirer(転得者に対する詐害行為取消請求)
Article 424-5, paragraph (1)
If the obligee is entitled to make demand revocation for fraudulent act against the beneficiary, and a person subsequently acquires the property which has been transferred to the beneficiary, the obligee may also make demand for revocation of fraudulent act against the subsequent acquirer only in the situations specified in the following items according to the categories stated in the respective items:
if the subsequent acquirer acquires the property from the beneficiary:the subsequent acquirer, at the time of the acquisition, knows that the obligor's act will be prejudicial to the obligee; or
if the subsequent acquirer acquires the property from another subsequent acquirer:the relevant subsequent acquirer and all the subsequent acquirers that previously acquired the property, at the time of their respective acquisitions, know that the obligor's act will be prejudicial to the obligee.
Division 2 Method of Exercising Right to Demand Revocation of Fraudulent Act第二目 詐害行為取消権の行使の方法等
Article 424-6第四百二十四条の六
Demand of Return of Property or Reimbursement of Value(財産の返還又は価額の償還の請求)
Article 424-6, paragraph (1)
In making demand for revocation of fraudulent act against the beneficiary, the obligee may demand the revocation of the act committed by the obligor and also demand the return of the property which has been transferred to the beneficiary as a result of that act. If it is difficult for the beneficiary to return the property, the obligee may demand the reimbursement of its value.
In making demand for revocation of fraudulent act against the subsequent acquirer, the obligee may demand the revocation of the act committed by the obligor and also demand the return of the property which has been acquired by the subsequent acquirer. If it is difficult for the subsequent acquirer to return the property, the obligee may demand the reimbursement of its value.
In an action concerning demand for revocation of fraudulent act, the person specified in each of the following items according to the categories stated in the respective items stands as a defendant:
an action concerning demand for revocation of fraudulent act against the beneficiary:the beneficiary; or
受益者に対する詐害行為取消請求に係る訴え 受益者
Article 424-7, paragraph (1), item (ii)
an action concerning demand for revocation of fraudulent act against the subsequent acquirer:the subsequent acquirer that is the other party to the demand for revocation of fraudulent act.
転得者に対する詐害行為取消請求に係る訴え その詐害行為取消請求の相手方である転得者
Article 424-7, paragraph (2)
If the obligee files an action concerning demand for revocation of fraudulent act, the obligee must give notice of suit to the obligor without delay.
Scope of Fraudulent Act to Be Revoked(詐害行為の取消しの範囲)
Article 424-8, paragraph (1)
If the obligee makes demand for revocation of fraudulent act, and the subject of the act committed by the obligor is divisible, the obligee may demand revocation of the act only to the extent of the amount of the obligee's own claim.
The preceding paragraph also applies if the obligee demands the reimbursement of value pursuant to the provisions of the second sentence of Article 424-6, paragraph (1) or the second sentence of paragraph (2) of that Article.
If the obligee demands the return of property from the beneficiary or subsequent acquirer pursuant to the provisions of the first sentence of Article 424-6, paragraph (1) or the first sentence of paragraph (2) of that Article, and the subject of the demand for return is the payment of money or delivery of movables, the obligee may demand that the beneficiary make the payment or delivery to the obligee or that the subsequent acquirer make the delivery to the obligee. In such a case, if the beneficiary or subsequent acquirer makes the payment or delivery to the obligee, they are not required to make the payment or delivery to the obligor.
The preceding paragraph also applies if the obligee demands the reimbursement of value from the beneficiary or subsequent acquirer pursuant to the provisions of the second sentence of Article 424-6, paragraph (1) or the second sentence of paragraph (2) of that Article.
Division 3 Effect of Exercise of Right to Demand Revocation of Fraudulent Act第三目 詐害行為取消権の行使の効果
Article 425第四百二十五条
Scope of Persons Affected by Upholding Judgment(認容判決の効力が及ぶ者の範囲)
Article 425, paragraph (1)
A final and binding judgment upholding demand for revocation of fraudulent act is effective against the obligor and all obligees.
詐害行為取消請求を認容する確定判決は、債務者及びその全ての債権者に対してもその効力を有する。
Article 425-2第四百二十五条の二
Beneficiary's Right for Counter-Performance Received by Obligor(債務者の受けた反対給付に関する受益者の権利)
Article 425-2, paragraph (1)
If an act concerning the disposition of property conducted by the obligor (excluding an act concerning the extinguishment of an obligation) is revoked, the beneficiary may demand that the obligor return the counter-performance that the beneficiary completed in order to acquire the property. If it is difficult for the obligor to return the counter-performance, the beneficiary may demand the reimbursement of its value.
If an act concerning the extinguishment of an obligation conducted by the obligor is revoked (excluding the case of revocation pursuant to the provisions of Article 424-4), and the beneficiary returns the payment or delivery received from the obligor or reimburse its value, this restores the beneficiary's claim against the obligor to its original state.
Right of Subsequent Acquirer Subject to Demand for Revocation of Fraudulent Act(詐害行為取消請求を受けた転得者の権利)
Article 425-4, paragraph (1)
If an act done by the obligor is revoked by the demand for revocation of fraudulent act made against the subsequent acquirer, the subsequent acquirer may exercise the right specified in each of the following items according to the categories stated in the respective items; provided, however, that this is limited to the value of the counter-performance which was completed by the subsequent acquirer in order to acquire the property from the predecessor or the value of the claim which was extinguished as a result of the acquisition of the property by the subsequent acquirer from the predecessor:
if the act prescribed in Article 425-2 is revoked:the beneficiary's right to demand return of the counter-performance or right to demand reimbursement of its value from the obligor, which should have arisen pursuant to the provisions of that Article if the act were revoked by the demand for revocation of fraudulent act against the beneficiary; or
if the act prescribed in the preceding Article is revoked (excluding the case of revocation pursuant to the provisions of Article 424-4):the beneficiary's claim against the obligor, which should have been restored pursuant to the provisions of the preceding Article if the act were revoked by demand for revocation of fraudulent act against the beneficiary.