Supplementary Provisions

This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding one year from the date of promulgation; provided, however, that the provisions of Articles 50 and 52 of the Supplementary Provisions come into effect as of the date of promulgation.

The provisions of the Commercial Code after the amendment under the provisions of Article 1 (hereinafter referred to as the "Amended Commercial Code") also apply to matters that arose before the date on which this Act comes into effect (hereinafter referred to as the "Effective Date"), except as otherwise specially provided for in these Supplementary Provisions; provided, however, that this does not preclude the effect arising under the provisions of the Commercial Code before the amendment under the provisions of that Article (hereinafter referred to as the "Former Commercial Code").

With regard to a freight forwarding contract concluded before the Effective Date (hereinafter referred to as a "pre-amendment freight forwarding contract") and liability for damages arising from a tort committed by a freight forwarder and its employees with regard to goods pertaining to a pre-amendment freight forwarding contract, the provisions then in force continue to govern.

With regard to a freight transportation contract concluded before the Effective Date (hereinafter referred to as a "pre-amendment freight transportation contract") and liability for damages arising from a tort committed by a carrier and its employees with regard to goods pertaining to a pre-amendment freight transportation contract, the provisions then in force continue to govern.

With regard to a passenger transportation contract concluded before the Effective Date (hereinafter in this Article referred to as a "pre-amendment passenger transportation contract") and liability for damages arising from a tort committed by a carrier and its employees with regard to baggage pertaining to a pre-amendment passenger transportation contract (including personal belongings, in the case of those not delivered by the passenger), the provisions then in force continue to govern; provided, however, that this does not apply to the carrier's liability for damages relating to damage to the life or person of a passenger that arose on or after the Effective Date based on a pre-amendment passenger transportation contract.

With regard to a bailment contract concluded before the Effective Date (hereinafter referred to as a "pre-amendment bailment contract"), the provisions then in force continue to govern.

With regard to a case relating to a petition for seizure of a ship or for execution of a provisional seizure of a ship filed before the Effective Date, notwithstanding the provisions of Article 689 of the Amended Commercial Code, the provisions then in force continue to govern.

①With regard to the distribution of profits and losses prescribed in Article 697 of the Former Commercial Code for a co-owned ship that set sail before the Effective Date, the provisions then in force continue to govern for that voyage only.

②With regard to the accounts relating to the use of a ship prescribed in the preceding paragraph, the provisions then in force continue to govern for that voyage only, notwithstanding the provisions of Article 699, paragraph (2) of the Amended Commercial Code.

The provisions of Article 702 of the Amended Commercial Code do not apply to a contract for the lease of a ship concluded before the Effective Date.

The provisions of Articles 704 through 707 of the Amended Commercial Code do not apply to a time charter contract concluded before the Effective Date.

①With regard to liability for damages prescribed in Article 705 of the Former Commercial Code that is based on an act of a master of a ship before the Effective Date, the provisions then in force continue to govern.

②With regard to agency by the master concerning a ship that departed before the Effective Date (hereinafter referred to as a "ship that has already departed"), the provisions then in force continue to govern for that voyage only.

③With regard to the accounts relating to the voyage prescribed in Article 720, paragraph (2) of the Former Commercial Code concerning a ship that has already departed, the provisions then in force continue to govern for that voyage only.

①With regard to an accident relating to a collision of ships between a ship and another ship that occurred before the Effective Date, the provisions then in force continue to govern, notwithstanding the provisions of Articles 788 and 789 of the Amended Commercial Code.

②The provisions of Articles 790 and 791 of the Amended Commercial Code do not apply to an accident that occurred before the Effective Date.

①With regard to the salvage in the case where a ship that has already departed, or cargo or other goods in a ship that has already departed, encounters a marine accident, the provisions then in force continue to govern for that voyage only.

②The provisions of Article 807 of the Amended Commercial Code do not apply to non-seagoing vessels that departed before the Effective Date, until they complete their navigation.

①With regard to general average concerning a ship that has already departed, the provisions then in force continue to govern for that voyage only.

②With regard to the expenses prescribed in Article 799 of the Former Commercial Code concerning a ship that has already departed, the provisions then in force continue to govern for that voyage only.

With regard to a marine insurance policy concluded before the Effective Date, the provisions then in force continue to govern.

With regard to the effect and priority of a statutory lien under Article 842 of the Former Commercial Code or a statutory lien under Article 19, paragraph (1) of the Act on Carriage of Goods by Sea prior to the amendment by the provisions of Article 2, in the case where a compulsory liquidation procedure prescribed in Article 2, item (xii) of the National Tax Collection Act (Act No. 147 of 1959), rehabilitation proceedings, reorganization proceedings or special liquidation proceedings were commenced before the Effective Date with regard to a ship (including a ship under construction), its appurtenances and freight charges not yet received, the provisions then in force continue to govern.

With regard to the application of penal provisions to acts committed before the Effective Date and to acts committed on or after the Effective Date in the cases where the provisions then in force continue to govern pursuant to the provisions of these Supplementary Provisions, the provisions then in force continue to govern.

Beyond what is provided for in these Supplementary Provisions, transitional measures necessary in connection with the enforcement of this Act are specified by Cabinet Order.