If a licensed installment seller falls under one of the following items, a person that has concluded a contract for prepaid installment sales with that licensed installment seller but has not been delivered the goods under that contract may cancel the contract:
it fails to take preservative measures for advances received for the base amount as of the base date, on or before the day on which fifty days have passed since the day following the relevant base date;
基準日の翌日から起算して五十日を経過する日までの間に当該基準日に係る基準額について前受金保全措置を講じなかつたとき。
it becomes subject to an order under Article 20, paragraph (1);
第二十条第一項の規定による命令を受けたとき。
its license is rescinded pursuant to the provisions of paragraph (1) or paragraph (2) of Article 23;
its license loses validity pursuant to the provisions of Article 25;
第二十五条の規定により許可が効力を失つたとき。
a motion to commence bankruptcy proceedings, rehabilitation proceedings, or reorganization proceedings is filed; or
破産手続開始、再生手続開始又は更生手続開始の申立てがあつたとき。
it suspends payments.
支払を停止したとき。
Any special provisions of a contract that run counter to the preceding paragraph are void.
前項の規定に反する特約は、無効とする。
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prepaid installment sales
「前払式割賦販売」
An installment sale (割賦販売) under Article 2, paragraph (1), item (i) in which the seller receives all or part of the price of designated goods (指定商品) in two or more payments before delivering them — a business that needs a license from the Minister of Economy, Trade and Industry.
Short name set inArticle 11, paragraph (1)
licensed installment seller
「許可割賦販売業者」
A person licensed by the Minister of Economy, Trade and Industry under Article 11 to carry on prepaid installment sales (前払式割賦販売) as a business.
Short name set inArticle 15, paragraph (1), item (viii), (c)
base amount
「基準額」
Half the advance payments (前受金) a licensed installment seller (許可割賦販売業者) has received by a base date (基準日) under the contracts for prepaid installment sales (前払式割賦販売) then in force, less its business security deposit (営業保証金) on that date — the amount the measures to protect advance payments must be able to cover.
Short name set inArticle 18-3, paragraph (2)
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.
void
無効
Having no legal effect from the start. A void act does not take effect even if the parties later confirm it; confirming it knowing it is void counts as making a new act (Civil Code, Article 119). An act against public order or good morals is void (Article 90). Some Acts that protect one side make void a term that takes that protection away: a term of a land lease that is worse for the tenant than the Act on Land and Building Leases' rules on how long the lease lasts and how it is renewed (Article 9), a clause of a consumer contract that frees a business from all liability for damage its failure to perform causes the consumer (Consumer Contract Act, Article 8, paragraph (1), item (i)), or the part of a labor contract that falls short of the Labor Standards Act's standards, which the Act's standard replaces (Labor Standards Act, Article 13).
Written by AI using Civil Code, Arts. 90, 119, Act on Land and Building Leases, Art. 9, Consumer Contract Act, Art. 8 and Labor Standards Act, Art. 13 as a reference.