Supplementary Provisions, Article 11Transitional Measures on the Master of a Ship
第十一条（船長に関する経過措置）
With 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.
船長の施行日前の行為に基づく旧商法第七百五条に規定する損害賠償の責任については、なお従前の例による。
With 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.
With 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.
既発航船舶に係る旧商法第七百二十条第二項に規定する航海に関する計算については、その航海に限り、なお従前の例による。
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)
the Effective Datemachine translation
「施行日」
The date Act No. 29 of 2018, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
Former Commercial Codemachine translation
「旧商法」
In the supplementary provisions (附則) of Act No. 29 of 2018, the Commercial Code as it stood before Article 1 of that Act amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
ship that has already departedmachine translation
「既発航船舶」
A ship that set sail before Act No. 29 of 2018, which amended the Commercial Code, came into effect; for that voyage, the former rules on matters such as the master's agency continue to apply.
Short name set inSupplementary Provisions, Article 11, paragraph (2)
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.