Article 472-4Transfer of Security Resulting from Discharging Assumption of an Obligation
第四百七十二条の四（免責的債務引受による担保の移転）
An obligee may transfer a security right that has been created as security for the obligation from which the initial obligor is released pursuant to the provisions of Article 472, paragraph (1) to the obligation assumed by the replacing obligor; provided, however, that if a person other than the replacing obligor created the security right, the obligee must obtain consent from that person.
債権者は、第四百七十二条第一項の規定により債務者が免れる債務の担保として設定された担保権を引受人が負担する債務に移すことができる。ただし、引受人以外の者がこれを設定した場合には、その承諾を得なければならない。
The transfer of a security right under the provisions of the preceding paragraph must be effected by manifesting the intention to the replacing obligor in advance or upon the transfer.
前項の規定による担保権の移転は、あらかじめ又は同時に引受人に対してする意思表示によってしなければならない。
The provisions of the preceding two paragraphs apply mutatis mutandis if there is a person that gave guarantee for the obligation from which the initial obligor is released pursuant to the provisions of Article 472, paragraph (1).
前二項の規定は、第四百七十二条第一項の規定により債務者が免れる債務の保証をした者があるときについて準用する。
In the case referred to in the preceding paragraph, the consent referred to in paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph does not become effective unless it is given in writing.
If the consent referred to in the preceding paragraph is given by means of an electronic or magnetic record in which its content is recorded, the consent is deemed to have been given in writing, and the provisions of that paragraph applies.
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(Transfer of Security Resulting from Discharging Assumption of an Obligation)
An obligee may transfer a security right that has been created as security for the obligation from which the initial obligor is released pursuant to the provisions of Article 472…
債権者は、第四百七十二条第一項の規定により債務者が免れる債務の担保として設定された担保権を引受人が負担する債務に移すことができる。ただし、引受人以外の者がこれを設定した場合には、その承諾を得なければならない。
Open this provision(Transfer of Security Resulting from Discharging Assumption of an Obligation)
The transfer of a security right under the provisions of the preceding paragraph must be effected by manifesting the intention to the replacing obligor in advance or upon the transfer.
前項の規定による担保権の移転は、あらかじめ又は同時に引受人に対してする意思表示によってしなければならない。
Open this provision(Transfer of Security Resulting from Discharging Assumption of an Obligation)
The provisions of the preceding two paragraphs apply mutatis mutandis if there is a person that gave guarantee for the obligation from which the initial obligor is released pursuant to the provisions…
前二項の規定は、第四百七十二条第一項の規定により債務者が免れる債務の保証をした者があるときについて準用する。
Open this provision(Transfer of Security Resulting from Discharging Assumption of an Obligation)
In the case referred to in the preceding paragraph, the consent referred to in paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph does not become effective unless it is…
前項の場合において、同項において準用する第一項の承諾は、書面でしなければ、その効力を生じない。
Open this provision(Requirements for and Effect of Discharging Assumption of an Obligation)
A new obligor resulting from the discharging assumption of an obligation assumes an obligation of the same content as the obligation of the initial obligor to the obligee…
免責的債務引受の引受人は債務者が債権者に対して負担する債務と同一の内容の債務を負担し、債務者は自己の債務を免れる。
Open this provisionelectronic or magnetic record
「電磁的記録」
A record made in electronic, magnetic or any other form people cannot perceive directly, for use in computer processing.
Defined inArticle 151, paragraph (4)
manifestation of intention
意思表示
A person's expression of an intention to which the law gives a legal effect, such as an offer to conclude a contract, which shows its terms and forms the contract once the other party accepts it (Civil Code, Article 522, paragraph (1)), the acceptance itself (Article 527), or the notice to the other party by which a party rescinds (取消し) an act or cancels (解除) a contract (Articles 123 and 540, paragraph (1)). One made to another person takes effect when notice of it reaches that person, or when it would normally have reached them if they blocked it without good reason (Article 97, paragraphs (1) and (2)), and does not lose its effect because the person who made it dies, loses mental capacity (意思能力) or comes under legal limits on what they can do alone after sending the notice (Article 97, paragraph (3)); where the person making it cannot find out who the other party is or where they are, it can be made by public notice (Article 98, paragraph (1)). It is not void just because the person making it knew it was not their true intention, unless the other party knew or could have known that (Article 93, paragraph (1)); a false one made in collusion with the other party is void (Article 94, paragraph (1)); and neither voidness can be asserted against a third party who did not know of it (善意) (Articles 93, paragraph (2), and 94, paragraph (2)). One based on a mistake that is material in light of the purpose of the juridical act (法律行為) and accepted views in dealings may be rescinded — one based on a mistaken view of the circumstances behind the act only if it had been shown that the act was based on them, and as a rule not where the mistake came from the gross negligence of the person who made it (Article 95, paragraphs (1) to (3)) — and so may one made under fraud or duress, though one induced by a third party's fraud only if the other party knew of the fraud or could have known of it (Article 96, paragraphs (1) and (2)); a rescission for mistake or fraud cannot be relied on against a third party who did not know and was not careless in not knowing (Article 95, paragraph (4), and Article 96, paragraph (3)). One that an agent makes within the agent's authority, showing that it is made for the principal, takes effect directly for the principal (Article 99, paragraph (1)). The Consumer Contract Act lets a consumer rescind an offer or acceptance of a consumer contract made because the business, when soliciting it, told them something untrue about an important matter and they believed it, among other grounds (Consumer Contract Act, Article 4, paragraph (1), item (i)), and the Act on Specified Commercial Transactions does the same where, in a door-to-door sale, the seller or service provider told them something untrue about such matters as the goods or the price (Article 6, paragraph (1), and Article 9-3, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 93, 94, 95, 96, 97, 98, 99, 123, 522, 527, 540, Consumer Contract Act, Art. 4 and Act on Specified Commercial Transactions, Arts. 6, 9-3 as a reference.