After the departure of a ship, a shipper may not cancel a contract for the carriage of goods in a general ship unless the shipper obtains consent from all other shippers and the charterer, and either pays the total sum of the amount of freight charges and other receivables and the amount of damage that will arise from the discharge of goods or provides reasonable security.
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contract for the carriage of goods in a general shipcorrected by this site
「個品運送契約」
A contract of carriage by sea whose object is individual items of goods, under which the carrier must load and stow the goods it receives from the shipper.
Defined inArticle 737, paragraph (1)· applies only in this section
freight charges and other receivables
「運送賃等」
The total a consignee must pay a carrier by sea on receiving the goods: the freight, incidental costs and advances, plus the salvage fee and general average (共同海損) contribution payable according to the goods' value.
Short name set inArticle 741, paragraph (1)· applies only in this section
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.