Article 722Method to Compensate for Damage, Deduction of Interim Interest, and Comparative Negligence
第七百二十二条(損害賠償の方法、中間利息の控除及び過失相殺)
The provisions of Articles 417 and 417-2 apply mutatis mutandis to compensation for damages caused by tort.
If a victim is negligent, the court may determine the amount of damages by taking that into consideration.
被害者に過失があったときは、裁判所は、これを考慮して、損害賠償の額を定めることができる。
(Method to Pay for Damage)
Unless a particular intention is manifested, the amount of the damages is determined with reference to monetary value.
損害賠償は、別段の意思表示がないときは、金銭をもってその額を定める。
Open this provision(Deduction of Interim Interest)
In 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…
将来において取得すべき利益についての損害賠償の額を定める場合において、その利益を取得すべき時までの利息相当額を控除するときは、その損害賠償の請求権が生じた時点における法定利率により、これをする。
Open this provisiondamages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.