Chapter II Merchants
第二章 商人
第四条（定義）
The term "merchant" as used in this Code means a person in the business of conducting commercial transactions in its own name.
この法律において「商人」とは、自己の名をもって商行為をすることを業とする者をいう。
A person in the business of selling goods at a store or other similar facility or a person engaged in the mining business is deemed to be a merchant even if that person is not in the business of conducting commercial transactions.
店舗その他これに類似する設備によって物品を販売することを業とする者又は鉱業を営む者は、商行為を行うことを業としない者であっても、これを商人とみなす。
Article 5Commercial Registration of Minors
第五条（未成年者登記）
If a minor carries out a business referred to in the preceding Article, this must be registered.
未成年者が前条の営業を行うときは、その登記をしなければならない。
Changes on a date not yet set (Act No. 46 of 2026)
If a guardian carries out a business referred to in Article 4 on behalf of a ward, this must be registered.
後見人が被後見人のために第四条の営業を行うときは、その登記をしなければならない。
Changes on a date not yet set (Act No. 46 of 2026)
A limitation on a guardian's authority of representation may not be asserted against a third party in good faith.
後見人の代理権に加えた制限は、善意の第三者に対抗することができない。
Article 7Small-Scale Merchants
第七条（小商人）
The provisions of Article 5, the preceding Article, the following Chapter, Article 11, paragraph (2), Article 15, paragraph (2), the first sentence of Article 17, paragraph (2), Chapter V, and Article 22 do not apply to a small-scale merchant (meaning a merchant with an asset value as provided by the Ministry of Justice Order that does not exceed the amount prescribed by the Ministry of Justice Order, for assets that the merchant uses for its business).
merchant
「商人」
A person who, in their own name, carries on commercial transactions (商行為) as a business.
Defined inArticle 4, paragraph (1)· applies throughout the law
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.
registration
登記
Entry in a public register kept by a registry office (登記所) — a Legal Affairs Bureau or one of its branch offices — so that the matter is made public (Real Property Registration Act, Articles 1 and 6, paragraph (1)). Rights in land and buildings, such as ownership, a superficies (地上権), a statutory lien (先取特権), a mortgage and a right of lease (賃借権), can be registered under that Act (Article 3), and matters the Commercial Code, the Companies Act and other Acts require to be registered are registered under the Commercial Registration Act (Article 1). Registration also lets a right be asserted against third parties: acquiring, losing or changing a right in rem (物権) in land or a building, such as ownership, cannot be asserted against third parties until it is registered (Civil Code, Article 177), and a matter the Companies Act requires to be registered cannot be asserted against a third party who does not know of it until it has been registered, nor, even after that, against one who had a justifiable reason for not knowing of the registration (Companies Act, Article 908, paragraph (1)).
Written by AI using Real Property Registration Act, Arts. 1, 3, 6, Commercial Registration Act, Art. 1, Civil Code, Art. 177 and Companies Act, Art. 908 as a reference.