Even something that cannot be given an estimated monetary value may be the subject of a claim.

If the subject of a claim is the delivery of a specific thing, the obligor must retain the thing with the due care of a prudent manager, which is determined in light of the contract or other sources of claims and the common sense trading practices, until the delivery.

①If the subject matter of a claim is designated only with reference to a type and its quality cannot be determined in light of the nature of the juridical act or intention of the parties, the obligor must deliver a thing of medium quality.

②In the case referred to in the preceding paragraph, if the obligor has completed the acts necessary to deliver the thing, or has designated the thing the obligor is to deliver with the consent of the obligee, that thing thenceforth constitutes the subject matter of the claim.

①If the subject matter of a claim is money, the obligor, at the obligor's own choice, may make the payment in currency of any kind; provided, however, that this does not apply to if the delivery of a specific kind of currency is the subject of the claim.

②If the specific kind of currency that is the subject matter of the claim has lost its mandatory circulating power at the time of the payment, the obligor must make payment in other currency.

③The provisions of the preceding two paragraphs apply mutatis mutandis if the delivery of the currency of a foreign state is the subject of the claim.

If the amount of the claim is designated in the currency of a foreign state, the obligor may make the payment in Japanese currency converted with the foreign exchange rate at the place of the performance.

①Unless the parties manifest a particular intention with respect to a claim which bears interest, the rate of the interest is the statutory interest rate on the time when the interest first accrues.

②The statutory interest rate is 3% per annum.

③Notwithstanding the provisions of the preceding paragraph, pursuant to the provisions of Ministry of Justice Order, the statutory interest rate is to change pursuant to the provisions of the following paragraph for each term consisting of three years.

④The statutory interest rate for each term is the rate calculated by adding or deducting the rate equivalent to the difference between the benchmark rate for the most recent term during which there was a change in the statutory interest rate pursuant to the provisions of this paragraph (referred to as the "most recent term of change" in this paragraph below) and the benchmark rate for the current term (if the decimal portion is a figure with less than 1%, it is to be rounded down ), to or from the statutory interest rate for the most recent term of change.

⑤The term "benchmark rate" prescribed in the preceding paragraph means the rate announced by the Minister of Justice as the rate calculated by dividing, by 60, the sum of the average interest rate for short-term loans for each month (meaning the average of the interest rates for loans (limited to loans for a term of less than one year) extended by banks in each month) during the period from January of the year six years before the year which contains the first day of each term to December of the year two years before the year which contains the first date of each term (if the decimal portion is a figure with less than 0.1%, it is to be rounded down), pursuant to the provisions of Ministry of Justice Order.

If the payment of interest corresponding to one year or more is delayed, and if the obligor does not pay that interest notwithstanding the demand by the obligee, the obligee may incorporate that interest into the principal.

If the subject of the claim is to be determined by a choice being made from among more than one performance, the right to choose belongs to the obligor.

①The right to choose under the preceding Article is exercised by manifesting the intention to the counterparty.

②The manifestation of intention referred to in the preceding paragraph may not be withdrawn without the consent of the counterparty.

If a claim is due and, notwithstanding a demand by the counterparty specifying a reasonable period of time, the party that holds the right to choose does not exercise the right within that period of time, the right to choose is transferred to the counterparty.

①If a third party makes the choice, that choice is made by manifesting intention to either the obligee or the obligor.

②In the case prescribed in the preceding paragraph, if the third party is unable to make the choice or has no intention to make the choice, the right to choose is transferred to the obligor.

If a performance included in the subject of a claim is impossible, and the impossibility is by negligence of the party that has the right to choose, the claim exists to the extent of the remaining performances.

The choice becomes effective retroactively on the time of the accrual of the claim; provided, however, that this may not prejudice the rights of a third party.

①If a fixed due date is assigned to the performance of an obligation, the obligor is liable for delay from the time that due date arrives.

②If an uncertain due date is assigned to the performance of an obligation, the obligor is liable for delay from the time when the obligor receives the request for performance after the due date arrives or the time when the obligor becomes aware of the arrival of that due date, whichever comes earlier.

③If no time limit is assigned to the performance of an obligation, the obligor is liable for delay from the time the obligor receives the request for performance.

①If the performance of an obligation is impossible in light of the contract or other sources of claims and common sense trading practices in the transaction, the obligee may not request the performance of the obligation.

②The impossibility of the performance of an obligation based on a contract on the time of the formation of the contract does not preclude claiming compensation for damage that arises from the impossibility of the obligation pursuant to the provisions of Article 415.

①If the obligee refuses, or is unable, to accept the tender of the performance of an obligation, and the subject of the obligation is the delivery of a specific thing, it is sufficient for the obligor to retain the thing by exercising care identical to that the obligor exercises for the obligor's own property, during the period from the time of the tender of the performance until the delivery of the thing.

②If the obligee's refusal or inability to accept the performance of an obligation results in increasing the expenses for the performance, the amount of increase is borne by the obligee.

①If the performance of an obligation becomes impossible due to grounds not attributable to either party during a period in which the obligor is liable for delay in performance of the obligation, the impossibility of performance is deemed to be due to grounds attributable to the obligor.

②If the obligee refuses or is unable to accept the performance of an obligation, and the performance of the obligation becomes impossible due to grounds not attributable to either party after the obligor's tender of the performance, the impossibility of performance is deemed to be due to grounds attributable to the obligee.

①If an obligor voluntarily fails to perform an obligation, the obligee may request the court to enforce the obligor to perform through methods such as direct enforcement, enforcement by substitution, or indirect enforcement, in accordance with the provisions of the Civil Enforcement Act and other laws and regulations concerning the procedure for enforcement; provided, however, that this does not apply if the nature of the obligation does not permit the enforcement.

②The provisions of the preceding paragraph do not preclude claiming damages.

①If an obligor fails to perform consistent with the main purport of the obligation or the performance of an obligation is impossible, the obligee may claim compensation for damage arising from the failure; provided, however, that this does not apply if the failure to perform the obligation is due to grounds not attributable to the obligor in light of the contract or other sources of obligation and common sense trading practices.

②If the obligee is entitled to claim for damages pursuant to the provisions of the preceding paragraph, and any of the following cases applies, the obligee may claim for damages in lieu of the performance of the obligation:

①The purpose of the claim for damages for failure to perform an obligation is to have the obligor to pay the compensation for damage which would ordinarily arise from the failure.

②The obligee may also claim the compensation for damage which has arisen from any special circumstances if the party did foresee, or should have foreseen, the circumstances.

Unless a particular intention is manifested, the amount of the damages is determined with reference to monetary value.

①In the case of determining the amount of damages in relation to profits to be acquired in the future and deducting an amount equivalent to interest that is to accrue until the time of acquiring the profits, the deduction is made by applying the statutory interest rate applicable on the time when the claim for damages arises.

②The preceding paragraph also applies in the case of determining the amount of damages to cover expenses to be incurred in the future and deducting an amount equivalent to interest that is to accrue until the time of incurring the expenses.

If the obligee is negligent regarding the failure to perform the obligation or the occurrence or spreading of a damage caused by that failure, the court determines the liability for damages and the amount of this by taking these elements into consideration.

①The amount of damages for failure to perform an obligation to deliver money is determined with reference to the statutory interest rate on the time when the obligor first assumes the responsibility for the delay; provided, however, that if the agreed-upon interest rate exceeds the statutory interest rate, the agreed-upon interest rate prevails.

②The obligee is not required to prove damages with respect to the damages referred to in the preceding paragraph.

③The obligor may not raise the defense of force majeure with respect to the damages referred to in paragraph (1).

①The parties may agree on the amount of liquidated damages with respect to the failure to perform the obligation.

②The agreement on liquidated damages do not preclude the request for performance or the exercise of the cancellation right.

③A penalty is presumed to constitute liquidated damages.

The provisions of the preceding Article apply mutatis mutandis if the parties agree in advance to appropriate anything other than money as compensation for damage.

If an obligee receives the full value of a thing or right which is the subject of the claim as damages, the obligor subrogates the obligee to that thing or right by operation of law.

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.

①An 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.

②The 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.

③The obligee may not exercise the subrogor's right if the obligee's claim is not enforceable by judicial enforcement.

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.

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.

If the obligee files an action concerning the exercise of the subrogor's right, the obligee must give a notice of suit to the obligor without delay.

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.

①An 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.

②The provisions of the preceding paragraph do not apply to an act with a subject other than property rights.

③The 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).

④The obligee may not make demand for revocation of fraudulent act if the obligee's claim is not enforceable by judicial enforcement.

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:

①The 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:

②If 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:

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.

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:

①In 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.

②In 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.

①In 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:

②If the obligee files an action concerning demand for revocation of fraudulent act, the obligee must give notice of suit to the obligor without delay.

①If 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.

②The 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.

①If 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.

②The 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.

A final and binding judgment upholding demand for revocation of fraudulent act is effective against the obligor and all obligees.

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.

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:

No action for demand for revocation of fraudulent act may be filed if two years have passed from the time when the obligee came to know that the obligor committed the act knowing that it would be prejudicial to the obligee. The same applies if 10 years have passed from the time of the act.

If there are more than one obligee or obligor, unless a particular intention is manifested, each obligee or each obligor has rights or obligations in equal ratios.

The provisions of the following Subsection (Joint and Several Claims) (excluding the provisions of Articles 433 and 435) apply mutatis mutandis if the subject of a claim is indivisible by nature and the claim is held by two or more obligees.

Even if there is a novation or release between one of the obligees of an indivisible claim and the obligor, other obligees may request the obligor to perform the obligation in whole. In such a case, the benefit which should have been allocated to that one obligee if that obligee did not lose the relevant right must be reimbursed to the obligor.

The provisions of Subsection 4 (Joint and Several Obligation) (excluding the provisions of Article 440) apply mutatis mutandis if the subject of an obligation is indivisible by nature and there are multiple obligors.

If an indivisible claim becomes a divisible claim, each obligee may request the performance only of the share of the claim to which each obligee is entitled, and if an indivisible obligation becomes a divisible obligation, each obligor is liable only for the share of the obligation for which each obligor is liable.

If the subject of a claim is divisible by nature, and two or more persons hold the claim jointly and severally based on the provisions of laws and regulations or the manifestation of intention of the parties, each obligee may request the performance in whole or in part for the benefit of all obligees, and the obligor may perform for each obligee for the benefit of all obligees.

If there is a novation or release between one of the joint and several obligees and the obligor, the other obligees may not request performance of the part concerning the benefit which should have been allocated to that one obligee if the obligee did not lose the relevant right.

If the obligor has a claim against one of the joint and several obligees, and the obligor invokes a set-off, the set-off becomes effective against other joint and several obligees as well.

If there is a merger between one of the joint and several obligees and the obligor, the obligor is deemed to have performed the obligation.

Except in cases prescribed in Article 432 through the preceding Article, any act of one of the joint and several obligees or any circumstances which have arisen with respect to one of the joint and several obligees do not become effective in relation to other joint and several obligees; provided, however, that if one of the other joint and several obligees and the obligor manifest a particular intention, their intention prevails with respect to the effect in relation to the remaining other joint and several obligees.

If the subject of an obligation is indivisible by nature, and two or more persons bear the obligation jointly and severally based on the provisions of laws and regulations or the manifestation of intention of the parties, the obligee may request one of the joint and several obligors, or all of the joint and several obligors, simultaneously or successively, to perform the obligation, in whole or in part.

Even if there are grounds for the invalidity or rescission of a juridical act with respect to one of the joint and several obligors, the validity of the obligation of other joint and several obligor is not impaired.

If novation takes place between one of the joint and several obligors and the obligee, the claim is extinguished for the benefit of all joint and several obligors.

①If one of the joint and several obligors has a claim against the obligee and invokes a set-off, the claim is extinguished for the benefit of all joint and several obligors.

②Until the joint and several obligor that has the claim referred to in the preceding paragraph invokes a set-off, other joint and several obligors may refuse to perform the obligation to the obligee only to the extent of that joint and several obligor's share of the obligation.

If there is a merger between one of the joint and several obligors and the obligee, the joint and several obligor is deemed to have performed the obligation.

Except in cases prescribed in Articles 438, Article 439, paragraph (1), and the preceding Article, any circumstances which have arisen with respect to one of the joint and several obligors is not effective in relation to other joint and several obligors; provided, however, that if the obligee and one of the other joint and several obligors manifest a different intention, their intention prevails with respect to the effect in relation to the remaining other joint and several obligees.

①If one of the joint and several obligors performs the obligation or otherwise obtain a common discharge in exchange for that obligor's own property, the joint and several obligor has the right to reimbursement from other joint and several obligors for the amounts in proportion to their respective shares of the obligation of the amount of the property expended by the joint and several obligor in order to obtain the discharge (if the amount of property exceeds the amount after the common discharge, the amount thus discharged), regardless of whether the amount discharged exceeds the amount of the joint and several obligor's own share.

②The reimbursement under the provisions of the preceding paragraph includes the compensation of the statutory interest which accrues on or after the day of the performance of the obligation or other discharge, and the compensation for unavoidable expenses and other loss or damage.

①If one of the joint and several obligors performs the obligation or otherwise obtains a common discharge in exchange for that obligor's own property, while knowing the existence of other joint and several obligors but without giving notice of the common discharge to the other joint and several obligors, another joint and several obligor has a defense that may be duly asserted against the obligee, the other joint and several obligor may duly assert that defense against the joint and several obligor that obtained the discharge to the extent of the other obligor's share of the obligation. In such a case, if the other joint and several obligor duly asserts a set-off as defense against the joint and several obligor that obtained the discharge, the joint and several obligor may request the obligee to perform the obligation which should have been extinguished due to set-off.

②If one of the joint and several obligors that has performed the obligation or otherwise obtained a common discharge in exchange for that obligor's own property, while knowing the existence of other joint and several obligors, fails to give notice of the acquisition of the discharge to the other joint and several obligors, and as a result, another joint and several obligor performs the obligation or performs another act in good faith to obtain discharge in exchange for that obligor's own property, the other joint and several obligor may deem that the act performed to obtain the discharge is valid.

①If one of the joint and several obligors does not have the sufficient financial resources to make the reimbursement, the portion that is unable to be reimbursed is borne by the joint and several obligor that demands the reimbursement and the other joint and several obligors that have the financial resources, in proportion to their respective shares of the obligation.

②In the case prescribed in the preceding paragraph, if neither the joint and several obligor that demands the reimbursement nor the other obligors that have the financial resources have shares of the obligation, the portion that is unable to be reimbursed is borne equally among the joint and several obligor that demands the reimbursement and the other obligors that have the financial resources.

③Notwithstanding the provisions of the preceding two paragraphs, if the joint and several obligor that demands the reimbursement is unable to receive the reimbursement due to negligence, that joint and several obligor may not request other joint and several obligors to bear their respective shares of the obligation.

Even if one of the joint and several obligors is released from the obligation or the prescription period expires for one of the joint and several obligors, other joint and several obligors may exercise the right to reimbursement referred to in Article 442, paragraph (1) against that one joint and several obligor.

①A guarantor has the responsibility to perform the obligation of the principal obligor when the latter fails to perform that obligation.

②No guarantee contract becomes effective unless it is made in writing.

③If a guarantee contract is concluded by electronic or magnetic record which records its terms, the guarantee contract is deemed to be made in writing, and the provisions of the preceding paragraph apply.

①The guarantee obligation includes interest, penalty and damages in connection with the principal obligation, and all other charges secondary to that obligation.

②A guarantor may stipulate the amount of penalty or damages with regard to the guarantor's own guarantee obligation only.

①If the burden of a guarantor is more onerous than the principal obligation as to either its subject or terms, it is reduced to the extent of the principal obligation.

②Even if the subject or terms of the principal obligation are made more onerous after the conclusion of a guarantee contract, the burden of the guarantor remains unchanged.

If a guarantor that guarantees an obligation which may be revocable due to the principal obligor's limited capacity to act, is aware, at the time of entering into a guarantee contract, of the cause for its revocability, that guarantor is presumed to have assumed an independent obligation of the same subject in the event of non-performance by the principal obligor or revocation of the obligation.

①If an obligor has the obligation to provide a guarantor, that guarantor must:

②If the guarantor ceases to meet the requirements stated in item (ii) of the preceding paragraph, the obligee may demand that some other person meeting the requirements stated in any item of the same paragraph be substituted for that guarantor.

③The provisions of the preceding two paragraphs do not apply if the obligee has designated the guarantor.

If an obligor is unable to provide a guarantor meeting the requirements stated in any item of paragraph (1) of the preceding Article, the obligor may provide other security in lieu of the guarantor.

If an obligee has requested performance of an obligation from the guarantor, the guarantor may request the obligee to demand performance of the principal obligor first; provided, however, that this does not apply if the principal obligor is subject to an order commencing bankruptcy proceeding or if the principal obligor's whereabouts are unknown.

Even after the obligee has made a demand to the principal obligor in accordance with the provisions of the preceding Article, the obligee must first execute on the property of the principal obligor if the guarantor proves that the principal obligor has the financial resources to pay the obligation and that the execution can be easily performed.

If a guarantor has assumed an obligation jointly and severally with the principal obligor, the guarantor does not have the rights set forth in the preceding two Articles.

If after the guarantor makes a request or gives proof pursuant to the provisions of Article 452 or Article 453, the obligee fails to demand or to levy execution and becomes unable to obtain full performance from the principal obligor as a result of that, the guarantor is released from the obligation to the extent that the obligee would have received payment if the obligee had immediately demanded or levied execution.

If there are multiple guarantors, the provisions of Article 427 apply even if their obligations arise from individual acts.

①The postponement of expiration of prescription period and the renewal of prescription period due to grounds such as a request for performance in relation to the principal obligor are also effective in relation to the guarantor.

②A guarantor may assert against the obligee a defense that can be raised by the principal obligor.

③If the principal obligor has a right to set-off, right to revoke or right to cancel against the obligee, the guarantor may refuse to perform the obligation to the obligee to the extent that the principal obligor should have been released from the obligation by exercising these rights.

The provisions of Article 438, Article 439, paragraph (1), Article 440, and Article 441 apply mutatis mutandis to circumstances which arise with regard to the guarantor that bears the obligation jointly and severally with the principal obligor.

If a guarantor gives guarantee as requested by the principal obligor, the obligee, upon request of the guarantor, must provide, without delay, the guarantor with information concerning whether or not there has been a default in terms of the principal of the principal obligation or any interest, penalty or damages in connection with the principal obligation or any other charges secondary to the obligation, as well as the remaining amount of these items and the amount of those already due.

①If the principal obligor has the benefit of time forfeits the benefit, the obligee must notify the guarantor to that effect within two months from the time when the obligee comes to know the principal obligor's forfeiture of the benefit.

②If the obligee fails to notify the guarantor referred to in the preceding paragraph within the period referred to that paragraph, the obligee may not request the guarantor to perform the guarantee obligation for any delay damages that have accrued after the principal obligor is accelerated and becomes immediately due until the obligee notifies the guarantor pursuant to the provisions of that paragraph (excluding those that should have accrued even if the principal obligor maintains the benefit of time).

③The provisions of the preceding two paragraphs do not apply if the guarantor is a corporation.

①If a guarantor gives guarantee as requested by the principal obligor, and performs the obligation on behalf of the principal obligor or performs any other act that causes the obligation to be extinguished in exchange for the guarantor's own property (referred to as an "act for extinguishment of obligation" below), the guarantor has a right to reimbursement from the principal obligor for the amount of property expended for that act (if the amount of property exceeds the amount of the principal obligation extinguished by the act for extinguishment of obligation, the amount thus extinguished).

②The provisions of Article 442, paragraph (2) apply mutatis mutandis to the cases stated in the preceding paragraph.

①If a guarantor gives guarantee as requested by the principal obligor and performs an act for extinguishment of obligation before the due date of the principal obligation, the guarantor has the right to reimbursement from the principal obligor to the extent that the principal obligor was enriched at the time of the act. In such a case, if the principal obligor alleges to have had grounds for set-off before the day of the act for extinguishment of obligation, the guarantor may request the obligee to perform the obligation which should have been extinguished due to the set-off.

②Reimbursement under the provisions of the preceding paragraph includes the statutory interest which accrues on and after the due date of the principal obligation and compensation for damage including expenses which could not have been avoided even if an act for extinguishment of obligation were performed on or after the due date.

③The right to reimbursement referred to in paragraph (1) may not be exercised before the due date of the principal obligation.

If a guarantor has given a guarantee as requested by the principal obligor, the guarantor may exercise in advance the right to reimbursement against the principal obligor if:

①If a principal obligor reimburses a guarantor pursuant to the provisions of the preceding Article, the principal obligor may demand the guarantor to provide security or to obtain an exemption for the principal obligor until the obligee receives the full satisfaction of the entire obligation.

②In the case prescribed in the preceding paragraph, the principal obligor may be released from the obligation for reimbursement by making a deposit with an official depository, by providing security, or by procuring the discharge of the liabilities of the guarantor.

①The provisions of Article 459-2, paragraph (1) apply mutatis mutandis if a person, that has given guarantee without the request of the principal obligor, performs an act for extinguishment of obligation.

②A person that has become a guarantor against the intention of the principal obligor has the right to reimbursement only to the extent currently enriched. In this case, if the principal obligor asserts to have grounds for set-off against the obligee before the day of the demand for reimbursement, the guarantor may demand that the obligee perform the obligation which would have been extinguished by that set-off.

③The provisions of Article 459-2, paragraph (3) apply mutatis mutandis to the exercise of the right to reimbursement if the guarantor referred to in the preceding two paragraphs performs an act for extinguishment of obligation before the due date of the principal obligation.

①If a guarantor gives guarantee as requested by the principal obligor and performs an act for extinguishment of obligation without giving prior notice to the principal obligor, the principal obligor may assert against the guarantor any defense that could have been asserted against the obligee. In such a case, if the principal obligor asserts a set-off against the guarantor, the guarantor may request the obligee to perform the obligation which should have been extinguished due to the set-off.

②If a guarantor gives guarantee as requested by the principal obligor and performs an act for extinguishment of obligation in good faith because of the principal obligor's failure to notify the guarantor of the principal obligor's performance of an act for extinguishment of obligation, the guarantor may deem that the guarantor's own act for extinguishment of obligation is valid.

③If the principal obligor performs an act for extinguishment of obligation after the guarantor has performed an act for extinguishment of obligation, the principal obligor may deem that the guarantor's own act for extinguishment of obligation is valid, not only if the guarantor has given guarantee against the intention of the principal obligor but also if the principal obligor has performed an act for extinguishment of obligation in good faith because of the guarantor's failure to notify the principal obligor of the guarantor's performance of act for extinguishment of obligation.

A person that has become a guarantor for one of the joint and several obligors or for one of the indivisible obligors has the right to reimbursement from the other obligors only to the extent of that person's share of the obligation.

①If there are multiple guarantors, and one guarantor has paid the entire amount of the obligation or any amount exceeding that guarantor's share because the principal obligation is indivisible, or because there is a special provisions to the effect that each guarantor should pay the entire amount, the provisions of Articles 442 through 444 apply mutatis mutandis.

②Except in the cases prescribed in the preceding paragraph, if one of the guarantors that are not jointly and severally liable has paid the entire amount or any amount exceeding that guarantor's share, the provisions of Article 462 apply mutatis mutandis.

①A guarantor to a guarantee contract under which the principal obligation is one or more unidentified obligations within a certain specified scope (referred to as a "contract for revolving guarantee" below) and the guarantor is not a corporation (referred to as a "contract for revolving guarantee by an individual" below) is liable to perform the obligation in terms of the amounts of the principal of the principal obligation, any interest, penalty and damages in connection with the principal obligation, and all the other charges secondary to the obligation, as well as the amount of any penalty or damages which is agreed-upon on with regard to the guarantee obligation, up to a certain maximum amount which pertains to all of these amounts.

②A contract for revolving guarantee by an individual does not become effective unless it provides for the maximum amount prescribed in the preceding paragraph.

③The provisions of Article 446, paragraphs (2) and (3) apply mutatis mutandis to the provisions concerning a maximum amount prescribed in paragraph (1) in a contract for revolving guarantee by an individual.

①If a contract for revolving guarantee by an individual under which the scope of the principal obligation includes an obligation to be borne as a result of loans or receiving a discount of a negotiable instrument (referred to as a "loan obligation"; and this contract is referred to as a "contract for revolving guarantee by an individual for loans" below) provides for the date on which the principal of the principal obligation should be fixed (referred to as the "principal fixed date" below), and it also provides that the principal fixed date is to fall on or after the day on which five years have passed after the day of the conclusion of the contract for the revolving guarantee by an individual for loans, the provisions concerning the principal fixed date do not become effective.

②If a contract for revolving guarantee by an individual for loans does not provide for a principal fixed date (or if the provisions concerning the principal fixed date do not become effective pursuant to the provisions of the preceding paragraph), the principal fixed date is to fall on the day on which three years have passed from the day of the conclusion of the contract for revolving guarantee by an individual for loans.

③If a change of the principal fixed date provided for in a contract for revolving guarantee by an individual for loans is to be effected, and the principal fixed date as changed falls on a day later than the day on which five years have passed after the day of the change, that change of the principal fixed date does not become effective; provided, however, that this does not apply if the change of the principal fixed date is effected within two months immediately preceding the principal fixed date, and the principal fixed date as changed falls on a day within five years from the original principal fixed date.

④The provisions of Article 446, paragraphs (2) and (3) apply mutatis mutandis to the provisions concerning a principal fixed date in a contract for revolving guarantee by an individual for loans and its change (excluding provisions to the effect that the principal fixed date is to fall on a day within three years from the day of the conclusion of that contract for revolving guarantee by an individual for loans, and any change which is intended to change the principal fixed date to a day preceding the original principal fixed date).

①The principal of the principal obligation under a contract for revolving guarantee by an individual is fixed in the following cases; provided, however, that in the case stated in item (i), it is fixed only if the procedure for judicial enforcement or enforcement procedure of a security right is commenced:

②Beyond the case prescribed in the preceding paragraph, the principal of the principal obligation under a contract for revolving guarantee by an individual for loans is fixed in the following cases; provided, however, that in the case stated in item (i), it is fixed only if the procedure for judicial enforcement or enforcement procedure of a security right is commenced:

①If a contract for revolving guarantee under which the guarantor is a corporation does not provide for the maximum amount prescribed in Article 465-2, paragraph (1), a guarantee contract under which the principal obligation is an obligation arising from the right to reimbursement held by the guarantor of the contract for revolving guarantee against the principal obligor does not become effective.

②If a contract for revolving guarantee under which the guarantor is a corporation and the scope of the principal obligation includes a loan obligation does not provide for the principal fixed date, or its provisions concerning the principal fixed date or any change of it would not become effective should the provisions of Article 465-3, paragraph (1) or paragraph (3) be applied, a guarantee contract under which the principal obligation is an obligation arising from the right to reimbursement held by the guarantor of the revolving guarantee contract against the principal obligor does not become effective. The same applies to a contract for revolving guarantee under which the scope of the principal obligation includes an obligation arising from the right to reimbursement.

③The provisions of the preceding two paragraphs do not apply if the guarantor of a guarantee contract under which the principal obligation is an obligation arising from the right to reimbursement or of a contract for revolving guarantee under which the scope of the principal obligation includes an obligation arising from the right to reimbursement is a corporation.

①A guarantee contract under which the principal obligation is a loan obligation assumed for business or a contract for a revolving guarantee under which the scope of the principal obligation includes a loan obligation assumed for business does not become effective unless the person intending to become a guarantor manifests, before the conclusion of the contract, the intention to perform the guarantee obligation by means of a notarial instrument prepared within one month before the day of conclusion of the contract.

②The notarial instrument referred to in the preceding paragraph must be prepared in compliance with the following formalities:

③The provisions of the preceding two paragraphs do not apply if the person intending to become a guarantor is a corporation.

①If a person intending to become a guarantor of a guarantee contract or a contract for a revolving guarantee referred to in paragraph (1) of the preceding Article is unable to speak, the person must make a statement in front of the notary of the particulars specified in paragraph (2), item (i), (a) or (b) of that Article for the category of contract stated therein, through an interpreter or by that person's own hand, in lieu of the oral instructions referred to in the same item. In such a case, to apply the provisions of item (ii) of that paragraph, the term "oral instructions" in that item is deemed to be replaced with "statement through an interpreter or by that person's own hand".

②If a person intending to become a guarantor of a guarantee contract or contract for revolving guarantee referred to in paragraph (1) of the preceding Article is unable to hear, the notary may convey the content of the dictation taken as prescribed in paragraph (2), item (ii) of that Article to the person intending to become a guarantor, through an interpreter, in lieu of the reading it aloud referred to in the same item.

③If a notary prepares a notarial instrument in compliance with the formalities prescribed in the preceding two paragraphs, the notary must include a supplementary note to that effect on the instrument.

①The provisions of Article 465-6, paragraphs (1) and (2) and the preceding Article apply mutatis mutandis to a guarantee contract under which the principal obligation is a loan obligation assumed for business or a guarantee contract under which the principal obligation is an obligation relating to the right to reimbursement held by a guarantor against the principal obligor under a revolving guarantee contract under which the scope of the principal obligation includes a loan obligation assumed for business. The same applies to a contract for revolving guarantee under which the scope of the principal obligation includes an obligation relating to that right to reimbursement.

②The provisions of the preceding paragraph do not apply if the person intending to become a guarantor is a corporation.

The provisions of the preceding three Articles do not apply to a guarantee contract under which the person intending to become a guarantor is any of the following persons:

①If the principal obligor requests a person to give guarantee for an obligation to be assumed for business as the principal obligation or give revolving guarantee for an obligation to be assumed for business that is included in the scope of the principal obligation, the principal obligor must provide the person so requested with information concerning the following particulars:

②If, because the principal obligor fails to provide information concerning the particulars stated in the items of the preceding paragraph or provides information that is factually inaccurate, the person requested to guarantee misunderstands these particulars and manifests the intention to offer or accept the offer of a guarantee contract based on the misunderstanding, the guarantor may rescind the guarantee contract if the obligee knew or could have known that the principal obligor failed to provide information concerning these particulars or provided information that was factually inaccurate.

③The provisions of the preceding two paragraphs do not apply if the person that gives guarantee is a corporation.

①A claim may be assigned; provided, however, that this does not apply if its nature does not permit the assignment.

②Even if a party to a claim manifests the intention to prohibit or restrict the assignment of the claim (referred to as the "manifestation of intention to restrict assignment" below), the validity of the assignment of the claim is not impaired.

③In the case prescribed in the preceding paragraph, the obligor may refuse to perform the obligation to a third party such as the assignee that knew or did not know due to gross negligence that the manifestation of intention to restrict assignment was made, and may duly assert against the third party any event that results in extinguishment of the obligation such as payment to the assignor.

④The provisions of the preceding paragraph do not apply if the obligor does not perform the obligation, and the third party prescribed in that paragraph makes a demand to the obligor for the performance to the assignor by specifying a reasonable period of time, but the obligor does not perform the obligation within that period.

①If a claim for payment of money subject to the manifestation of intention to restrict assignment is assigned to a third party, the obligor may deposit the amount of money equivalent to the full amount of the claim with an official depository having jurisdiction over the place of performance of the obligation (including the current domicile of the assignor if the place of performance of the obligation is determined on the basis of the current domicile of the obligee; the same applies in the following Article).

②An obligor that has made a deposit pursuant to the provisions of the preceding paragraph must notify the assignor and the assignee of the deposit without delay.

③Only the assignee is entitled to request the refund of the money deposited pursuant to the provisions of paragraph (1).

In the case prescribed in paragraph (1) of the preceding Article, if an order commencing bankruptcy proceeding is issued with regard to the assignor, the assignee (limited to the one that has acquired the full amount of the claim referred to in that paragraph and that may duly assert the assignment of the claim against a third party such as the obligor) may have the obligor deposit the amount of money equivalent to the full amount of the claim with an official depository having jurisdiction over the place of performance of the obligation even if the assignee knew or did not know due to gross negligence that the manifestation of intention to restrict assignment was made. In such a case, the provisions of paragraphs (2) and (3) of that Article apply mutatis mutandis.

①The provisions of Article 466, paragraph (3) do not apply to an attaching obligee that has conducted enforcement against a claim that is subject to the manifestation of intention to restrict assignment.

②Notwithstanding the provisions of the preceding paragraph, if a third party such as the assignee knew or did not know due to gross negligence that the manifestation of intention to restrict assignment was made, and the obligee of the assignee or other third party conducted enforcement against the claim referred to in that paragraph, the obligor may refuse to perform the obligation and duly assert against an attaching obligee any event that results in extinguishing the obligation such as payment to the assignor.

①Notwithstanding the provisions of Article 466, paragraph (2), the manifestation of intention to restrict assignment which is made by a party with regard to a claim for deposits in a deposit account or a claim for savings in a saving account (referred to as a "claim for deposits" below) may be duly asserted against a third party such as the assignee that knew or did not know due to gross negligence that the manifestation of intention to restrict assignment was made.

②The provisions of the preceding paragraph do not apply to an attaching obligee that has conducted enforcement against a claim for deposits that is subject to the manifestation of intention to restrict assignment.

①The assignment of a claim does not require the claim to have already arisen by the time of the manifestation of intention to assign it.

②If a claim is assigned, and the claim is yet to arise by the time of the manifestation of intention to assign it, the assignee by operation of law acquires the claim when it arises.

③In the case prescribed in the preceding paragraph, if the assignor makes the manifestation of intention to restrict assignment by the time when the assignor gives notice under the provisions of the following Article or the obligor gives consent under the provisions of that Article (referred to as the "time when the requirements for perfection are satisfied" below), a third party such as the assignee is deemed to have known this, and the provisions of Article 466, paragraph (3) (or paragraph (1) of the preceding Article if the claim subject to the manifestation of intention to restrict assignment is a claim for deposits) apply thereto.

①The assignment of a claim (including the assignment of a claim that is yet to arise) may not be duly asserted against the applicable obligor or any other third party, unless the assignor gives notice of this to the obligor or the obligor has consented to the same.

②Notice or consent referred to in the preceding paragraph may not be duly asserted against a third party other than the obligor unless the notice or the consent is made using an instrument bearing a certified date.

①An obligor may duly assert against the assignee any event that has taken place with regard to the assignor by the time when the requirements for perfection are satisfied.

②For the purpose of the application of the provisions of the preceding paragraph in the case referred to in Article 466, paragraph (4), the phrase at the time when the requirements for perfection are satisfied" in that paragraph is deemed to be replaced with "at the time when a reasonable period of time referred to in Article 466, paragraph (4) has passed"; and to apply the provisions of that paragraph in the case referred to in Article 466-3, the phrase "at the time when the requirements for perfection are satisfied" in that paragraph is deemed to be replaced with "at the time when the obligor receives a request from the assignee referred to in Article 466-3 to make a deposit with an official depository pursuant to the provisions of that Article".

①An obligor may duly assert against the assignee a set-off based on a claim against the assignor that the obligor acquired before the time when the requirements for perfection are satisfied.

②The preceding paragraph also applies to a claim against the assignor that the obligor acquires after the time when the requirements for perfection are satisfied if the claim is any of the following; provided, however, that this does not apply if the obligor acquires a claim of another person after the time when the requirements for perfection are satisfied:

③To apply the provisions of the preceding two paragraphs in the case referred to in Article 466, paragraph (4), the phrase "at the time when the requirements for perfection are satisfied" in these provisions is deemed to be replaced with "at the time when a reasonable period of time referred to in Article 466, paragraph (4) has passed"; and to apply these provisions in the case referred to in Article 466-3, the phrase "at the time when the requirements for perfection are satisfied" in these provisions is deemed to be replaced with "at the time when the obligor receives a request from the assignee referred to in Article 466-3 to make a deposit with an official depository pursuant to the provisions of that Article".

①An additional obligor resulting from the cumulative assumption of an obligation assumes, jointly and severally with the initial obligor, an obligation of the same content as the obligation assumed by the initial obligor to the obligee.

②The cumulative assumption of an obligation may be effected by a contract between the obligee and the person that becomes the additional obligor.

③The cumulative assumption of an obligation may also be effected by a contract between the initial obligor and the person that becomes the additional obligor. In such a case, the cumulative assumption of an obligation becomes effective when the obligee gives consent to the person that becomes the additional obligor.

④The cumulative assumption of an obligation to be effected pursuant to the provisions of the preceding paragraph is governed by the provisions concerning a third party beneficiary contract.

①An additional obligor may duly assert against the obligee any defense that could have been asserted by the initial obligor at the time when the cumulative assumption of an obligation became effective, with regard to the obligation that the additional obligor has assumed through the cumulative assumption of an obligation.

②If the initial obligor has a right to revoke or right to cancel against the obligee, the additional obligor may refuse to perform the obligation to the obligee to the extent that the initial obligor should have been released from the obligation by exercising either of these rights.

①A 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, and the initial obligor is released from their own obligation.

②The discharging assumption of an obligation may be effected by a contract between the obligee and the person that becomes the replacing obligor. In such a case, the discharging assumption of the obligation becomes effective when the obligee notifies the initial obligor of the conclusion of that contract.

③The discharging assumption of an obligation may also be effected if the initial obligor and the person that becomes the replacing obligor conclude a contract and the obligee gives consent to the person that becomes the replacing obligor.

①A new obligor may duly assert against the obligee any defense that could have been asserted by the initial obligor at the time when the discharging assumption of an obligation became effective, with regard to the obligation that the replacing obligor has assumed through the assumption of obligation releasing the obligor.

②If the old obligor has a right to revoke or right to cancel against the obligee, the new obligor may refuse to perform the obligation to the obligee to the extent that the initial obligor could have been released from the obligation by exercising either of these rights should the assumption of obligation releasing the obligor not be effected.

A new obligor resulting from the discharging assumption of an obligation does not acquire a right to reimbursement from the obligor.

①An 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.

②The 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.

③The 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).

④In 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.

⑤If 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.

If the obligor performs an obligation to the obligee, the claim is extinguished.

①A third party may also perform an obligation.

②A third party that has no legitimate interest in performing an obligation may not perform the obligation against the intention of the obligor; provided, however, that this does not apply if the obligee did not know that the performance is against the intention of the obligor.

③The third party prescribed in the preceding paragraph may not perform the obligation against the intention of the obligee; provided, however, that this does not apply if the third party performs the obligation as requested by the obligor, and the obligee knew this.

④The provisions of the preceding three paragraphs do not apply if the nature of an obligation does not permit the performance by a third party or if a party manifests the intention to prohibit or restrict the performance by a third party.

If a person effecting performance has delivered a thing owned by another person in performance of the obligation, the person so effecting performance may not recover that thing without effecting valid performance de novo.

In a case referred to in the preceding Article, if an obligee in good faith consumes or assigns things received in performance of an obligation, that performance is valid. In such a case, if the obligee has received a claim for compensation from a third party, the obligee is not precluded from seeking reimbursement from the person performing the obligation.

Performance made by making payment into the obligee's account for deposits or savings becomes effective when the obligee acquires a right to demand the refund of the amount paid, against the obligor of the claim to be paid from deposits or savings.

Performance made to a person that does not constitute a person authorized to accept the performance (meaning the obligee or a third party authorized to accept performance based on the provisions of laws and regulations or the manifestation of intention of the parties; the same applies below) but that appears to be the person authorized to accept the performance in light of common sense trading practices is effective only if the person effecting performance was acting in good faith and without negligence.

Except as provided in the preceding Article, any performance made to a person other than the person with right to performance is effective only to the extent that the obligee is enriched as its result.

①If a third party obligor of a claim that has been seized performs the obligation to that third party's own obligee, the attaching obligee is entitled to request the third party obligor to perform the obligation de novo to the extent of the damage sustained by the attaching obligee.

②The provisions of the preceding paragraph do not preclude the relevant third party obligor from exercising the right to reimbursement from the obligee.

If a person that has right to perform an obligation (referred to as a "performer" below) concludes a contract with the obligee to the effect that the person is to have the obligation extinguished by making, in lieu of the payment or delivery to be performed by the obligor, another type of payment or delivery, and the performer makes that other type of payment or delivery, the payment or delivery thus made has the same effect as that of the performance of the obligation.

If the subject of a claim is the delivery of a specific thing, and the quality of the thing may not be determined on the time when the delivery is due in light of the cause from which the claim has arisen such as a contract and common sense trading practices, the person that performs the obligation must deliver the thing on an "as-is" basis on the time when the delivery is due.

①Unless a particular intention is manifested with respect to the place where the performance should take place, the delivery of a specific thing must be effected at the place where that thing was located when the relevant claim accrued, and the discharge of any other obligation must be effected at the current domicile of the obligee.

②If the trading hours are specified by laws and regulations or customs, performance may be made or demanded only within the trading hours.

Unless a particular intention is manifested with respect to the expenses of performance, those expenses are borne by the obligor; provided, however, that if the obligee caused the expenses of performance to increase by relocating its domicile or taking any other act, the amount of increase due to this is borne by the obligee.

①A person performing an obligation may, in exchange for the performance, request the person accepting the performance to issue a receipt.

②A person performing an obligation may request the person accepting performance to provide an electronic or magnetic record on which the content of a receipt referred to in the preceding paragraph has been recorded, in lieu of issuing that receipt; provided, however, that this does not apply if it would impose an undue burden on the person accepting performance.

If there is an instrument evidencing a claim and the person performing the obligation has made full performance, that person may demand the return of the instrument.

①If an obligor bears to a single obligee two or more obligations which require the same kind of payment or delivery, and the payment or delivery provided in performance of the obligations is not sufficient to extinguish all of these obligations (excluding the case prescribed in paragraph (1) of the following Article), the person that performs the obligation may, at the time of the payment or delivery, designate a particular obligation to which that performance should be appropriated before any others.

②If the person performing an obligation does not make the designation under the provisions of the preceding paragraph, the person receiving the performance may, at the time of that receipt, designate a particular obligation to which the performance should be appropriated before any others; provided, however, that this does not apply if the person performing the obligation immediately raises an objection to that appropriation.

③The designation of the appropriation of the performance under the preceding two paragraphs is effected through a manifestation of intention to the counterparty.

④Neither the person that makes the performance nor the person that accepts the performance makes designation under the provisions of paragraph (1) or paragraph (2), the performance is appropriated pursuant to the provisions of the following items:

①If the obligor is liable to pay interest and expenses in addition to principal with respect to one or more obligations (if the obligor bears two or more obligations, limited to when the obligor bears these obligations requiring the same kind of payment or delivery to the same obligee), and the person that performs the obligations makes payment or delivery which is not sufficient to extinguish the obligation in its entirety must be appropriated first to expenses, and then to interest and principal, in this order.

②The provisions of the preceding Article apply mutatis mutandis in the case referred to in the preceding paragraph in which the person makes payment or delivery which is not sufficient to extinguish any of expenses, interest or principal in whole.

Notwithstanding the provisions of the preceding two Articles, if the person that makes performance and the person that accepts performance agree on the order of appropriation of performance, the performance is appropriated according to the agreed-upon order.

If more than one performance should be tendered to discharge a single obligation, if the person that must perform tenders any performance which is not sufficient to extinguish the obligation in its entirety, the provisions of the preceding three Articles apply mutatis mutandis.

Upon tendering the performance, the obligor is relieved from any and all responsibilities which may arise from the non-performance of the obligation.

The tender of the performance must be made actually consistent with the main purport of the obligation; provided, however, that if the obligee refuses to accept that performance in advance or if any act is required on the part of the obligee with respect to the performance of the obligation, it is sufficient for the obligor to request its acceptance by giving a notice that the tender of the performance has been prepared.

①In the following cases, a performer may deposit the subject matter of the performance with an official depository for the benefit of the obligee. In such a case, the claim is extinguished when the performer makes the deposit:

②The preceding paragraph also applies if the performer is unable to ascertain the obligee; provided, however, that this does not apply if the performer is negligent in this respect.

①The deposit under the provisions of the preceding Article must be made with the official depository having jurisdiction over the place where the relevant obligation is performed.

②If there is no specific provision in laws and regulations with respect to the official depository, the court, at the request of the performer, must designate the depository and appoint a custodian of the thing to be deposited.

③A person that has effected a deposit pursuant to the provisions of the preceding Article must notify the obligee of the deposit without delay.

①As long as the obligee does not accept the deposit, or the judgment which pronounces that the deposit is effective does not become final and binding, the performer may recover the deposited things. In that case, it is deemed that no deposit has been effected.

②The provisions of the preceding paragraph do not apply in cases any pledge or mortgage has been extinguished due to the deposit.

In the following cases, the performer may, with the permission of the court, sell the thing that is the subject matter of performance at public auction and deposit the proceeds of the sales with an official depository: