Instruct: Given a legal statement, retrieve articles that support the statement.
Query: 
A holder of a right of retention may not accept priority performance from the subject matter, but may accept priority performance from fruits that derived from the subject matter.


Article 297
(1) A holder of a right of retention may collect fruits derived from the thing retained, and appropriate the same to the satisfaction of that holder's own claim before other obligees.
(2) The fruits referred to in the preceding paragraph must be appropriated first to the payment of interest on the claim, and any remainder must be appropriated to the satisfaction of the principal..


Article 298
(1) The holder of a right of retention must possess the thing retained with the due care of a prudent manager.
(2) The holder of the right of retention may not use, lease or provide as a security the thing retained unless that holder obtains the consent of the obligor;provided, however, that this does not apply to uses necessary for the preservation of that thing.
(3) If the holder of a right of retention violates the provisions of the preceding two paragraphs, the obligor may demand that the right of retention be terminated.
Article 350
The provisions of Articles 296 through 300 and those of Article 304
apply mutatis mutandis to pledges..


Article 372
The provisions of Article 296, Article 304
and Article 351
apply mutatis mutandis to mortgages.
Article 296
A holder of a right of retention may exercise that holder's rights against the whole of the thing retained until the relevant claim is satisfied in its entirety..


Article 296
A holder of a right of retention may exercise that holder's rights against the whole of the thing retained until the relevant claim is satisfied in its entirety.
Article 301
An obligor may demand that a right of retention be terminated by providing a reasonable security.
Article 350
The provisions of Articles 296 through 300 and those of Article 304
apply mutatis mutandis to pledges..


Article 299
(1) If the holder of a right of retention incurs necessary expenses with respect to the thing retained, that holder may have the owner reimburse the same.
(2) If the holder of a right of retention incurs beneficial expenses with respect to the thing retained, to the extent that there is currently an increase in value as a result of the same, that holder may have the expenses incurred or the increase in value reimbursed at the owner's choice;provided, however, that the court may, at the request of the owner, grant a reasonable period of time for the reimbursement of the same..


Article 494
(1) In 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:
(i) the performer tenders the performance, and the obligee refuses to accept it; or
(ii) the obligee is unable to accept the performance.
(2) The 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.
Article 474
(1) A third party may also perform an obligation.
(2) A third party that has no legitimate interest in performing an obligation may not perform the obligation against the will of the obligor;provided, however, that this does not apply if the obligee did not know that the performance is against the will of the obligor.
(3) The third party prescribed in the preceding paragraph may not perform the obligation against the will 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.
(4) The 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..


Article 350
The provisions of Articles 296 through 300 and those of Article 304
apply mutatis mutandis to pledges.
Article 297
(1) A holder of a right of retention may collect fruits derived from the thing retained, and appropriate the same to the satisfaction of that holder's own claim before other obligees.
(2) The fruits referred to in the preceding paragraph must be appropriated first to the payment of interest on the claim, and any remainder must be appropriated to the satisfaction of the principal..


Article 636
If the contractor delivers to the party ordering work of a content the subject matter of work that does not conform to the terms of the contract with respect to the kind or quality (in the case of the subject matter of work that is not required to be delivered, if the subject matter of work does not conform to the terms of the contract with respect to the kind or quality when the work is finished), the party ordering work may not demand cure of the non-conformity of performance, demand a reduction of the remuneration, claim compensation for loss or damage, or cancel the contract, on the grounds of the non-conformity caused by the nature of the materials that the party ordering work has provided or any instructions that the relevant party has given;provided, however, that this does not apply if the contractor knew that the materials or instructions were inappropriate but did not notify the ordering party of this..


Article 452
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..


Article 545
(1) If one of the parties exercises the right to cancel, each party assumes an obligation to restore the other party to that other party's original state;provided, however, that this may not prejudice the rights of a third party.
(2) In the case referred to in the main clause of the preceding paragraph, if any monies are to be refunded, interest must accrue from the time of the receipt of those monies.
(3) In the case referred to in the main clause of paragraph (1), if a thing other than money is to be returned, fruits that have accrued on or after the time of the receipt of the thing must also be returned.
(4) The exercise of the right to cancel does not preclude claims for compensation for loss or damage..


Article 362
(1) A pledge may have a property right for its subject matter.
(2) Beyond what is provided for in this Section, the provisions of the preceding three Sections (General Provisions, Pledges on Movables and Pledges of Immovables) apply mutatis mutandis to pledges referred to in the preceding paragraph, provided that it is not inconsistent with the nature of the same..


Article 295
(1) If a possessor of a thing belonging to another person has a claim that has arisen in relation to that thing, that possessor may retain that thing until that claim is satisfied;provided, however, that this does not apply if the relevant claim has not yet fallen due.
(2) The provisions of the preceding paragraph do not apply if possession commenced by means of a tortious act..


Article 406
If the subject matter 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..


Article 362
(1) A pledge may have a property right for its subject matter.
(2) Beyond what is provided for in this Section, the provisions of the preceding three Sections (General Provisions, Pledges on Movables and Pledges of Immovables) apply mutatis mutandis to pledges referred to in the preceding paragraph, provided that it is not inconsistent with the nature of the same..


Article 121-2 (1) A person that has received payment or delivery as the performance of an obligation based on a void act has an obligation to restore the other party to the original state.
(2) Notwithstanding the provisions of the preceding paragraph, if a person that receives payment or delivery as the performance of an obligation based on a void gratuitous act did not know that the act was void at the time of receiving the payment or delivery (or if the person did not know that the act was voidable at the time of receiving the payment or delivery in the case of an act which is deemed void ab initio pursuant to the provisions of the preceding Article after the receipt of the payment or delivery), has an obligation to return to the extent currently enriched by the act.


Article 545
(1) If one of the parties exercises the right to cancel, each party assumes an obligation to restore the other party to that other party's original state;provided, however, that this may not prejudice the rights of a third party.
(2) In the case referred to in the main clause of the preceding paragraph, if any monies are to be refunded, interest must accrue from the time of the receipt of those monies.
(3) In the case referred to in the main clause of paragraph (1), if a thing other than money is to be returned, fruits that have accrued on or after the time of the receipt of the thing must also be returned.
(4) The exercise of the right to cancel does not preclude claims for compensation for loss or damage..


Article 489
(1) If 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.
(2) The 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..


Article 496
(1) As 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 thingy. In such case, it is deemed that no deposit has been effected.
(2) The provisions of the preceding paragraph do not apply in cases any pledge or mortgage has been extinguished due to the deposit..


Article 177
Acquisitions of, losses of and changes in real rights on immovables may not be duly asserted against any third parties, unless the same are registered pursuant to the applicable provisions of the Real Property Registration Act (Act No. 123 of 2004) and other laws regarding registration.
Article 361
Beyond what is provided for in this Section, the provisions of the next Chapter (Mortgages) apply mutatis mutandis to pledges of immovables, provided that it is not inconsistent with the nature of the same.
Article 373
If more than one mortgage is created with respect to the same immovables, the order of priority of those mortgages follows the chronological order of their registration.
Article 339
Statutory liens registered in accordance with the provisions of the preceding two Articles may be exercised prior to mortgages.
Article 337
In order to preserve the effectiveness of statutory liens for preservation of immovables, registration must be carried out immediately after the completion of the act of preservation.
Article 338
(1) In order to preserve the effectiveness of statutory liens for construction work for immovables, the budgeted expenses of the construction work must be registered prior to the commencement of the same.In this case, if the expenses of the construction work exceed the budgeted amount, a statutory lien does not exist with respect to the amount in excess of the same.
(2) The amount of increase in value of immovables that resulted from construction work must be evaluated by an appraiser appointed by the court at the time of the participation in the distribution..


Article 466
(1) A claim may be assigned;provided, however, that this does not apply if its nature does not permit the assignment.
(2) Even if a party to a claim manifests the intention to prohibit or restrict the assignment of the claim (hereinafter referred to as the "manifestation of intention to restrict assignment"), the validity of the assignment of the claim is not impaired.
(3) In 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 such third party any event that results in extinguishment of the obligation such as payment to the assignor.
(4) The 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..


Article 300
The exercise of a right of retention does not preclude the running of extinctive prescription of claims..


Article 498
(1) If the property that is the subject matter of performance or the proceeds referred to in the preceding Article are deposited, the obligee may demand the return of the deposited thing.
(2) If the obligor is to effect performance in exchange for payment or delivery by the obligee, the obligee may not receive deposited thing without making that payment or delivery..


Article 182
(1) The transfer of possessory rights is effected by the delivery of the thing possessed.
(2) If a transferee or the agent of a transferee is actually holding the thing under possession, the transfer of possessory rights may be effected by the parties' manifestations of intention alone..


Article 493
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 the acceptance thereof by giving a notice that the tender of the performance has been prepared.
Article 492
Upon tendering the performance, the obligor is relieved from any and all responsibilities which may arise from the non-performance of the obligation..


Article 369
(1) A mortgagee has the right to have the mortgagee's claim satisfied prior to other obligees out of the immovables that the obligor or a third party provided to secure the obligation without transferring possession.
(2) Superficies and farming rights may be the subject matter of a mortgage.In this case, the provisions of this Chapter apply mutatis mutandis..
