Article 755Application Mutatis Mutandis to Cancellation of Partial Charter Contract
第七百五十五条（一部航海傭船契約の解除への準用）
The provisions of Article 743, Article 745 and Article 753, paragraph (3) apply mutatis mutandis to the cancellation of a voyage charter contract whose subject is a part of a ship. In this case, the phrase "the full amount of freight charges" in Article 743, paragraph (1) is deemed to be replaced with "the full amount of freight charges and demurrage", and the phrase "total sum of the amount of freight charges and other receivables and the amount of damage that will arise from the discharge of goods" in Article 745 is deemed to be replaced with "total sum of the amount of freight charges and other receivables and the amount of damage that will arise from the discharge of goods, and demurrage".
第七百四十三条、第七百四十五条及び第七百五十三条第三項の規定は、船舶の一部を目的とする航海傭船契約の解除について準用する。この場合において、第七百四十三条第一項中「全額」とあるのは「全額及び滞船料」と、第七百四十五条中「合計額」とあるのは「合計額並びに滞船料」と読み替えるものとする。
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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
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.