Supplementary Provisions, Article 4Transitional Measures for Freight Transportation
第四条（物品運送に関する経過措置）
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.
carrier
「運送人」
A person whose business is undertaking land, marine or air transportation.
Defined inArticle 569, paragraph (1), item (i)· applies throughout the law
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)
pre-amendment freight transportation contractmachine translation
「旧物品運送契約」
A freight transportation contract concluded before Act No. 29 of 2018, which amended the Commercial Code, came into effect; the former rules continue to apply to it and to the carrier's liability in tort for the goods.
Short name set inSupplementary Provisions, Article 4, 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.