Article 753Cancellation of Full Charter Contract by Charterer Before Departure of Ship
第七百五十三条（全部航海傭船契約の傭船者による発航前の解除）
Before the departure of a ship, a charterer under a full charter contract (meaning a voyage charter contract that covers the whole of a ship; hereinafter the same applies in this Section) may cancel the full charter contract by paying the full amount of freight charges and demurrage; provided, however, that if the amount of damage caused to a carrier due to the cancellation of a full charter contract falls below the full amount of freight charges and demurrage, it is sufficient for the charterer to compensate for the damage.
If a charterer cancels the full charter contract pursuant to the provisions of the preceding paragraph after goods have been loaded onto the ship in whole or in part, the charterer bears the costs of loading and discharging the goods.
If a charterer under a full charter contract fails to load goods onto the ship during the period for loading, the carrier may deem that the charterer has cancelled the full charter contract.
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)
voyage charter contract
「航海傭船契約」
A contract of carriage whose object is all or part of a ship.
Defined inArticle 748, paragraph (1)· applies only in this section
full charter contract
「全部航海傭船契約」
A voyage charter contract (航海傭船契約) for the whole of a ship.
Defined inArticle 753, 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.