Instruct: Given a legal statement, retrieve articles that support it.
Query: 
If a holder of a right of retention has consent of the obligor, or if a pledgee has consent of the pledgor, then they each may lease any collateral.


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 612
(1) A lessee may not assign the lease or sublease a leased thing without obtaining the approval of the lessor.
(2) If the lessee allows any third party to make use of or take the profits of a leased thing in violation of the provisions of the preceding paragraph, the lessor may cancel the contract..


Article 181
Possessory rights may be acquired through an agent.
Article 658
(1) A bailee may not use the bailed thing without obtaining the consent of the bailor.
(2) The bailee may not have a third party keep the bailed thing in custody unless the bailee obtains the consent of the bailor or there is a compelling reason to do so.
(3) A sub-bailee has the same rights and obligations as those of the bailee in relation to the bailor within the scope of authority thereof..


Article 349
The pledgor may not, either by the acts establishing pledges or by contracts made prior to the due dates for the obligations, allow the pledgee to acquire ownership of the thing pledged as satisfaction of the obligations, nor promise to allow the pledgee to dispose of it in any manner other than is prescribed by law..


Article 658
(1) A bailee may not use the bailed thing without obtaining the consent of the bailor.
(2) The bailee may not have a third party keep the bailed thing in custody unless the bailee obtains the consent of the bailor or there is a compelling reason to do so.
(3) A sub-bailee has the same rights and obligations as those of the bailee in relation to the bailor within the scope of authority thereof..


Article 601
A lease becomes effective if one of the parties promises to make a certain thing available for the other party to use and make profit, and the other party promises to pay rent for the leased thing and return the delivered thing when the contract is terminated..


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 422-2 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 thereby.


Article 443 (1) If 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 can 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.


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 595
(1) The borrower bears the ordinarily necessary expenses of borrowed thing.
(2) The provisions of Article 583, paragraph (2) apply mutatis mutandis to costs other than the ordinarily necessary expenses referred to in the preceding paragraph.
Article 608
(1) If a lessee has defrayed necessary expenses with respect to the leased thing which ought to be borne by the lessor, the lessee may immediately demand the reimbursement of the same from the lessor.
(2) If the lessee has incurred beneficial expenses with respect to the leased thing, the lessor must reimburse those expenses on termination of the lease in compliance with the provisions of Article 196, paragraph (2);provided, however, that the court may, at the lessor's request, grant a reasonable period of time for the reimbursement of the same..


Article 594
(1) A borrower must make use of and take the profits of the thing in compliance with the method of use specified by the contract or by the nature of the thing which is the subject matter of the contract.
(2) A borrower may not allow third parties to make use of or take the profits of the thing without obtaining the approval of the lender.
(3) If a borrower has made use of or taken the profits of the thing in violation of the provisions of the preceding two paragraphs, the lender may cancel the contract..


Article 618
Even if the parties specify the term of a lease, the provisions of the preceding Article apply mutatis mutandis if one party reserves, or both parties reserve, the right to terminate during that period.
Article 617
(1) If the parties do not specify the term of a lease, either party may give a notice of termination at any time. In such cases, a lease as set forth in one of the following items terminates when the term prescribed in that item has passed after the day of the notice of termination:
(i) leases of land: one year;
(ii) leases of buildings: three months; and
(iii) leases of movables and party room: one day.
(2) With respect to leases of land with harvest seasons, the notice of termination must be given after the end of that season and before the next start of cultivation..


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 304
(1) A statutory lien may also be exercised against things including monies that the obligor is to receive as a result of the sale, lease or loss of, or damage to, the subject matter of the statutory lien;provided, however, that the holder of the statutory lien must attach the same before the payment or delivery of the monies or other thing.
(2) The provisions of the preceding paragraph also apply to the consideration for real rights created by the obligor on the subject matter of the statutory lien..


Article 594
(1) A borrower must make use of and take the profits of the thing in compliance with the method of use specified by the contract or by the nature of the thing which is the subject matter of the contract.
(2) A borrower may not allow third parties to make use of or take the profits of the thing without obtaining the approval of the lender.
(3) If a borrower has made use of or taken the profits of the thing in violation of the provisions of the preceding two paragraphs, the lender may cancel the contract.
Article 616
The provisions of Article 594, paragraph (1) apply mutatis mutandis to leases..


Article 591
(1) If the parties do not define the time for return of borrowed things, the lender may demand their return, specifying a reasonable period of time.
(2) The borrower may return the borrowed thing at any time, irrespective of whether the parties have defined the time of return of the thing.
(3) If the parties defined the time of return of the borrowed thing, and the lender sustains any damage because the borrower returns the thing prior to the time of return, the lender may claim compensation therefor from the borrower..


Article 336
General statutory liens may be duly asserted against obligees without special security, even if the liens are not registered with respect to the relevant immovables;provided, however, that this does not apply to registered third parties..


Article 378
If a third party that purchases the ownership or superficies of a mortgaged immovables pays the price of the same to a mortgagee at the request of the same mortgagee, that mortgage is terminated for the benefit of that third party..


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 613
(1) If a lessee lawfully subleases a leased thing, the sublessee is liable to perform an obligation based on the sublease directly to the lessor, to the extent of the scope of the lessee's obligation based on the lease between the lessor and the lessee. In such a case, advance payment of rent may not be duly asserted against the lessor.
(2) The provisions of the preceding paragraph do not preclude the lessor from exercising rights against the lessee.
(3) If the lessee lawfully subleases a leased thing, the lessor may not duly assert against the sublessee the cancellation by agreement of the lease with the lessee;provided, however, that this does not apply if, at the time of the cancellation, the lessor has a right to cancel due to non-performance on the part of the lessee..


Article 304
(1) A statutory lien may also be exercised against things including monies that the obligor is to receive as a result of the sale, lease or loss of, or damage to, the subject matter of the statutory lien;provided, however, that the holder of the statutory lien must attach the same before the payment or delivery of the monies or other thing.
(2) The provisions of the preceding paragraph also apply to the consideration for real rights created by the obligor on the subject matter of the statutory lien.
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 518
(1) To the extent of the amount of the obligation prior to the novation, the obligee (in the case of a novation by substitution of obligee, the obligee prior to the novation) may transfer the pledge or mortgage created as the security of that obligation to the obligation in effect after the novation;provided, however, that if any third party created that security, the consent of the third party must be obtained.
(2) The transfer of the pledge or mortgage referred to in the preceding paragraph must be effected by manifesting the intention to the other party to the novation (in the case of a novation by substitution of obligee, the obligor) in advance or upon the transfer..


Article 587
A loan for consumption becomes effective when a first party receives money or any other thing from a second party, having promised to return a thing of the same type, quality, and quantity..


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 605-2 (1) If a lease is perfected in accordance with the laws and regulations including the preceding Article, and Articles 10 and 31 of the Act on Land and Building Leases (Act No. 90 of 1991), and the relevant immovables are assigned, the status of the lessor of the immovables is transferred to its assignee.
(2) Notwithstanding the provisions of the preceding paragraph, if the assignor and the assignee of immovables agree that the assignor reserves the status of lessor and that the assignee leases the immovables to the assignor, the status of lessor is not transferred to the assignee. In such a case, if a lease between the assignor and the assignee or any successor thereof is terminated, the status of lessor that the assignor has reserved is transferred to the assignee or any successor thereof.
(3) The status of lessor under the provisions of paragraph (1) or the second sentence of the preceding paragraph may not be duly asserted against the lessee unless the transfer of ownership for the immovables under lease is registered.
(4) If the status of lessor is transferred to the assignee or any successor thereof pursuant to the provisions of paragraph (1) or the second sentence of paragraph (2), the assignee or any successor thereof succeeds to the obligation to reimburse expenses under the provisions of Article 608 and the obligation to refund the security deposit prescribed in Article 622-2, paragraph (1) under the provisions of that paragraph.
