A carrier is liable to compensate for loss or damage arising as a result of loss of, damage to, or delay in the arrival of goods which is caused by the following things having been done insufficiently as of the time of the ship's departure; provided, however, that this does not apply if the carrier proves that it did not neglect to exercise due care in doing those things as of that time:
運送人は、発航の当時次に掲げる事項を欠いたことにより生じた運送品の滅失、損傷又は延着について、損害賠償の責任を負う。ただし、運送人がその当時当該事項について注意を怠らなかったことを証明したときは、この限りでない。
making the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their receipt, carriage and preservation.
船倉、冷蔵室その他運送品を積み込む場所を運送品の受入れ、運送及び保存に適する状態に置くこと。
Any special agreement that makes the carrier subject to a release from or reduction in the liability to compensate for loss or damage under the provisions of the preceding paragraph is void.
Read this with the articles around it
carrier
「運送人」
A person whose business is undertaking land, marine or air transportation.
Defined inArticle 569, paragraph (1), item (i)· applies throughout the law
ship
「船舶」
In the part on maritime commerce (except Article 747), a ship used for navigation for the purpose of commercial transactions (商行為), other than rowboats and other boats driven only or mainly by oars.
Defined inArticle 684, paragraph (1)
damages
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.
void
無効
Having no legal effect from the start. A void act does not take effect even if the parties later confirm it; confirming it knowing it is void counts as making a new act (Civil Code, Article 119). An act against public order or good morals is void (Article 90). Some Acts that protect one side make void a term that takes that protection away: a term of a land lease that is worse for the tenant than the Act on Land and Building Leases' rules on how long the lease lasts and how it is renewed (Article 9), a clause of a consumer contract that frees a business from all liability for damage its failure to perform causes the consumer (Consumer Contract Act, Article 8, paragraph (1), item (i)), or the part of a labor contract that falls short of the Labor Standards Act's standards, which the Act's standard replaces (Labor Standards Act, Article 13).
Written by AI using Civil Code, Arts. 90, 119, Act on Land and Building Leases, Art. 9, Consumer Contract Act, Art. 8 and Labor Standards Act, Art. 13 as a reference.