Supplementary Provisions, Article 15Transitional Measures Accompanying the Partial Amendment of the Act on Mutual Relief System for the Prevention of Bankruptcies of Small and Medium-sized Enterprises
第十五条(中小企業倒産防止共済法の一部改正に伴う経過措置)
With regard to the lending of mutual aid benefits relating to a situation that arose before the Item (ii) Effective Date and that is equivalent to the situation prescribed in Article 2, paragraph (2), item (iii) of the Act on Mutual Relief System for the Prevention of Bankruptcies of Small and Medium-sized Enterprises as amended by the provisions of Article 5, the provisions then in force continue to govern.
第二号施行日前に生じた第五条の規定による改正後の中小企業倒産防止共済法第二条第二項第三号に規定する事態に相当する事態に係る共済金の貸付けについては、なお従前の例による。
With regard to the cancellation of a mutual aid contract concluded in accordance with the provisions of the Act on Mutual Relief System for the Prevention of Bankruptcies of Small and Medium-sized Enterprises prior to amendment by the provisions of Article 5 (hereinafter in this paragraph referred to as the "Former Act on Mutual Relief System for the Prevention of Bankruptcies of Small and Medium-sized Enterprises") (such contract being hereinafter in this paragraph referred to as a "former mutual aid contract"), where, before the Item (ii) Effective Date, premiums were not paid for the specified number of months or more prescribed in Article 7, paragraph (2), item (i) of the Former Act on Mutual Relief System for the Prevention of Bankruptcies of Small and Medium-sized Enterprises, the provisions then in force continue to govern.
第五条の規定による改正前の中小企業倒産防止共済法(以下この項において「旧共済法」という。)の定めるところにより締結された共済契約(以下この項において「旧共済契約」という。)であって、第二号施行日前に旧共済法第七条第二項第一号に規定する一定の月分以上について掛金の納付を怠った場合における旧共済契約の解除については、なお従前の例による。
mutual aid contractmachine translation
「共済契約」
A contract under which a small and medium-sized enterprise (中小企業者) promises to pay premiums (掛金) to the Organization for Small and Medium Enterprises and Regional Innovation, JAPAN (独立行政法人中小企業基盤整備機構), and the Organization promises that, if a business operator it trades with goes bankrupt (倒産), it will lend it a mutual aid benefit (共済金) as the Act on Mutual Relief System for the Prevention of Bankruptcies of Small and Medium-sized Enterprises provides.
Defined inArticle 2, paragraph (2)· applies throughout the law
former mutual aid contractmachine translation
「旧共済契約」
In Article 15, paragraph (2) of the supplementary provisions (附則) of Act No. 26 of 2018, a mutual aid contract (共済契約) concluded under the Act on Mutual Relief System for the Prevention of Bankruptcies of Small and Medium-sized Enterprises as it stood before Article 5 of that Act amended it.
Short name set inSupplementary Provisions, Article 15, paragraph (2)· applies only in this paragraph
Former Act on Mutual Relief System for the Prevention of Bankruptcies of Small and Medium-sized Enterprisesmachine translation
「旧共済法」
This Act as it stood before Article 5 of Act No. 26 of 2018 amended it.
Short name set inSupplementary Provisions, Article 15, paragraph (2)· applies only in this paragraph
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.