Article 756Application Mutatis Mutandis of Provisions on Contracts for Carriage of Goods in General Ships
第七百五十六条（個品運送契約に関する規定の準用等）
The provisions of Articles 738 through 742 (excluding Article 739, paragraph (2)), Article 744, Article 746 and Article 747 apply mutatis mutandis to a voyage charter contract. In this case, the phrase "the following amounts" in Article 741, paragraph (1) is deemed to be replaced with "the following amounts and demurrage", the phrase "the preceding Article" in Article 744 is deemed to be replaced with "Article 753, paragraph (1) or the preceding Article as applied mutatis mutandis pursuant to Article 755", and the phrase "this Section" in Article 747 is deemed to be replaced with "the following Section".
第七百三十八条から第七百四十二条まで（第七百三十九条第二項を除く。）、第七百四十四条、第七百四十六条及び第七百四十七条の規定は、航海傭船契約について準用する。この場合において、第七百四十一条第一項中「金額」とあるのは「金額及び滞船料」と、第七百四十四条中「前条」とあるのは「第七百五十三条第一項又は第七百五十五条において準用する前条」と、第七百四十七条中「この節」とあるのは「次節」と読み替えるものとする。
A carrier may not assert against the holder of a bill of lading any special agreement under which a carrier is subject to a release from or reduction in the liability to compensate for loss or damage under the provisions of Article 739, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph.
運送人は、前項において準用する第七百三十九条第一項の規定による運送人の損害賠償の責任を免除し、又は軽減する特約をもって船荷証券の所持人に対抗することができない。
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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
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
assert against
対抗
To be able to rely on a right, or on a fact about it, against someone who is not a party to it. Acquiring, losing or changing a right in rem (物権) in land or a building cannot be asserted against third parties until it is registered (登記) (Civil Code, Article 177), and a registered lease of land or a building can be asserted against a person who acquires a right in rem in it, such as a buyer, and against other third parties (Article 605). The Act on Land and Building Leases lets a tenant do without registering the lease itself: a right to use land for a building (借地権) can be asserted against third parties once the tenant owns a registered building on the land (Article 10, paragraph (1)), and a building lease takes effect against anyone who later acquires a right in rem in the building, such as a new owner, once the building has been handed over (Article 31). Some rules protect only a third party who did not know: a rescission for fraud cannot be asserted against a third party who did not know of the fraud and was not careless in not knowing (善意でかつ過失がない) (Civil Code, Article 96, paragraph (3)).
Written by AI using Civil Code, Arts. 96, 177, 605 and Act on Land and Building Leases, Arts. 10, 31 as a reference.
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.