A person holding a claim as set forth in one of the following has a statutory lien on the ship and its equipment:
次に掲げる債権を有する者は、船舶及びその属具について先取特権を有する。
a claim to compensation for loss or damage due to harm to an individual's life or person that has arisen in direct connection with the operation of the ship;
船舶の運航に直接関連して生じた人の生命又は身体の侵害による損害賠償請求権
a claim for the salvage charges or a claim based on the sharing of a general average to be borne by the ship;
救助料に係る債権又は船舶の負担に属する共同海損の分担に基づく債権
a claim that can be collected pursuant to the National Tax Collection Act (Act No. 147 of 1959) or using procedures for collecting national taxes and that arises in connection with the ship's entry into a port or use of a port or in connection with other operation of the ship; or a claim for pilotage charges or towage charges;
国税徴収法（昭和三十四年法律第百四十七号）若しくは国税徴収の例によって徴収することのできる請求権であって船舶の入港、港湾の利用その他船舶の航海に関して生じたもの又は水先料若しくは引き船料に係る債権
a claim for costs necessary for continuing a voyage; and
航海を継続するために必要な費用に係る債権
a claim held by the master or a mariner arising from an employment contract.
雇用契約によって生じた船長その他の船員の債権
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)
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.
statutory lien
先取特権
A right the law itself gives certain creditors to be paid out of the debtor's property ahead of other creditors (Civil Code, Article 303). Some reach all of the debtor's property, such as a claim arising from employment (Article 306, item (ii)); others reach particular property only, such as a landlord's claim for rent and other debts under a lease of land or a building, which reaches, for land, the movables furnished to it or to a building used with it, the movables used on it and the crops or other fruits of it the tenant holds, and for a building, the movables the tenant has furnished it with (Articles 311 to 313). The Act on Land and Building Leases gives a landowner one over the tenant's building on the land for the last two years' rent that has fallen due (Article 12, paragraph (1)), which keeps its effect by the registration of the superficies or the land lease (Article 12, paragraph (2)).
Written by AI using Civil Code, Arts. 303, 306, 311, 312, 313 and Act on Land and Building Leases, Art. 12 as a reference.