Supplementary Provisions, Article 9Separation of Former Revolving Mortgages Created to Secure the Same Claim
第九条（同一の債権の担保として設定された旧根抵当権の分離）
With respect to a former revolving mortgage on several immovable properties created to secure the same claim, only before the principal is fixed, by agreement between the revolving mortgagee and the mortgagor of the revolving mortgage, that former revolving mortgage may be separated as to one immovable property from the other immovable properties, and the provisions of Article 392 of the New Act may be made not to apply between those immovable properties; provided, however, that this does not apply if the approval of subordinated mortgagees and other persons having an interest has not been obtained.
A separation under the preceding paragraph is deemed to be the creation of a revolving mortgage with respect to the application of the provisions of Article 398-16 of the New Act.
前項の規定による分離は、新法第三百九十八条の十六の規定の適用に関しては、根抵当権の設定とみなす。