Even when the law applicable to the formation and effect of a contract (excluding a labor contract: hereinafter referred to as a "Consumer Contract" in this Article) between a consumer (meaning an individual, excluding an individual who becomes a party to a contract as a business or for a business; hereinafter the same applies in this Article) and a business operator (meaning a juridical person and any other association or foundation and an individual who becomes a party to a contract as a business or for a business; hereinafter the same applies in this Article) as a result of a choice or a change of law under Article 7 or Article 9 is a law other than the law of the consumer's habitual residence, if the consumer has manifested their intention to the business operator that a specific mandatory provisions from within the law of the consumer's habitual residence should be applied, the mandatory provisions also apply to the matters stipulated by the mandatory provisions with regard to the formation and effect of the Consumer Contract.
消費者（個人（事業として又は事業のために契約の当事者となる場合におけるものを除く。）をいう。以下この条において同じ。）と事業者（法人その他の社団又は財団及び事業として又は事業のために契約の当事者となる場合における個人をいう。以下この条において同じ。）との間で締結される契約（労働契約を除く。以下この条において「消費者契約」という。）の成立及び効力について第七条又は第九条の規定による選択又は変更により適用すべき法が消費者の常居所地法以外の法である場合であっても、消費者がその常居所地法中の特定の強行規定を適用すべき旨の意思を事業者に対し表示したときは、当該消費者契約の成立及び効力に関しその強行規定の定める事項については、その強行規定をも適用する。
Notwithstanding Article 8, in the absence of a choice of law under Article 7 with regard to the formation and effect of a Consumer Contract, the formation and effect of the Consumer Contract are governed by the law of the consumer's habitual residence.
Even where a law other than the law of a consumer's habitual residence is chosen under Article 7 with regard to the formation of a Consumer Contract, if the consumer has manifested their intention to the business operator that a specific mandatory provisions from within the law of the consumer's habitual residence should be applied to the formalities for the Consumer Contract, the mandatory provisions exclusively apply to the matters stipulated by the mandatory provisions with regard to the formalities for the Consumer Contract, notwithstanding paragraphs (1), (2) and (4) of the preceding Article.
Where the law of a consumer's habitual residence is chosen under Article 7 with regard to the formation of a Consumer Contract, if the consumer has manifested their intention to the business operator that the formalities for the Consumer Contract should be governed exclusively by the law of the consumer's habitual residence, the formalities for the Consumer Contract are governed exclusively by the law of the consumer's habitual residence, notwithstanding paragraphs (2) and (4) of the preceding Article.
In the absence of a choice of law under Article 7 with regard to the formation of a Consumer Contract, notwithstanding paragraphs (1), (2) and (4) of the preceding Article, the formalities for the Consumer Contract are governed by the law of the consumer's habitual residence.
The preceding paragraphs of this Article do not apply in any of the following cases:
前各項の規定は、次のいずれかに該当する場合には、適用しない。
where a business operator's place of business that is connected with a Consumer Contract is located in a place governed by a different law from the law of a consumer's habitual residence, and the consumer proceeds to a place governed by the same law as the law of the place of business and concludes the Consumer Contract there; provided, however, that this does not apply where the consumer has been, in the place of their habitual residence, solicited by the business operator to conclude the Consumer Contract in a place governed by the same law as the law of the place of business;
where a business operator's place of business that is connected with a Consumer Contract is located in a place governed by a different law from the law of a consumer's habitual residence, and the consumer has received or has been supposed to receive the entire performance of the obligation under the Consumer Contract in a place governed by the same law as the law of the place of business; provided, however, that this does not apply where the consumer is, in the place of their habitual residence, solicited by the business operator to receive the entire performance of the obligation in a place governed by the same law as the law of the place of business;
where at the time of conclusion of a Consumer Contract a business operator did not know a consumer's habitual residence, and had adequate grounds for not knowing that; or
where at the time of conclusion of a Consumer Contract a business operator misidentified the counterparty as not being a consumer, and had adequate grounds for making that misidentification.