Article 754Cancellation of Full Charter Contract by Charterer after Departure of Ship
第七百五十四条(全部航海傭船契約の傭船者による発航後の解除)
After the departure of a ship, a charterer under a full charter contract may not cancel the full charter contract unless the charterer pays the total sum prescribed in Article 745 and demurrage or provides reasonable security.
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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.