Supplementary Provisions, Article 16Transitional Measures on Statutory Liens on a Ship
第十六条（船舶先取特権に関する経過措置）
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.
施行日前に船舶（製造中の船舶を含む。）、その属具及び受領していない運送賃に関し国税徴収法（昭和三十四年法律第百四十七号）第二条第十二号に規定する強制換価手続、再生手続、更生手続又は特別清算手続が開始された場合における旧商法第八百四十二条の先取特権又は第二条の規定による改正前の国際海上物品運送法第十九条第一項の先取特権の効力及び順位については、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)
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.