Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Act comes into effect on December 1, 1995; provided, however, that the provisions set forth in the following items come into effect on the dates specified in those items:
この法律は、平成七年十二月一日から施行する。ただし、次の各号に掲げる規定は、当該各号に定める日から施行する。
The provisions amending Articles 102, 104 and 105, and the provisions of Article 19 of the Supplementary Provisions: the date on which 20 days have elapsed counting from the date of promulgation;
第百二条、第百四条及び第百五条の改正規定並びに附則第十九条の規定 公布の日から起算して二十日を経過した日
The provisions amending Article 21-4 and Appended Table 2 through Appended Table 4, and the provisions of Articles 3 through 10, Article 11, paragraphs (2) through (4), Article 13, Article 14 and Article 17 of the Supplementary Provisions: April 1, 1996.
第二十一条の四及び別表第二から別表第四までの改正規定並びに附則第三条から第十条まで、第十一条第二項から第四項まで、第十三条、第十四条及び第十七条の規定 平成八年四月一日
Supplementary Provisions, Article 2Transitional Measures Concerning Monthly Premiums
第二条(掛金月額に関する経過措置)
With respect to a retirement allowance mutual aid contract for which the monthly premium for the month containing the date on which this Act comes into effect (hereinafter referred to as the "Effective Date") must be increased to 5,000 yen or more pursuant to Article 4, paragraph (2) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as amended (hereinafter referred to as the "New Act"), notwithstanding the provisions of that paragraph, the monthly premium may be 4,000 yen until the day on which two years have elapsed counting from the Effective Date; provided, however, that this does not apply on or after the day on which the monthly premium is increased to an amount of 5,000 yen or more pursuant to Article 9 of the New Act.
With respect to a retirement allowance mutual aid contract under the preceding paragraph for which the Minister of Labour certifies that it is extremely difficult to increase the monthly premium to 5,000 yen or more after the expiry of the period prescribed in the main clause of that paragraph (hereinafter referred to as a "certified contract" in this Article), notwithstanding Article 4, paragraph (2) of the New Act, the monthly premium may be 4,000 yen even after the expiry of that period, until the date specified by Order of the Ministry of Labour. In this case, the proviso to the preceding paragraph applies mutatis mutandis.
Matters necessary for the certification under the preceding paragraph are specified by Order of the Ministry of Labour.
前項の規定による認定に関し必要な事項は、労働省令で定める。
With respect to a retirement allowance mutual aid contract under paragraph (1) whose monthly premium is 4,000 yen at the expiry of the period prescribed in the main clause of that paragraph (excluding a certified contract), the monthly premium is deemed to have been increased to 5,000 yen at the time of the expiry of that period.
With respect to a certified contract whose monthly premium is 4,000 yen at the expiry of the period up to the date specified by Order of the Ministry of Labour prescribed in paragraph (2), the monthly premium is deemed to have been increased to 5,000 yen at the time of the expiry of that period.
With respect to a retirement allowance mutual aid contract relating to a covered employee who is a mariner to whom the Mariners Act (Act No. 100 of 1947) applies, the phrase "Minister of Labour" in paragraph (2) is deemed to be replaced with "Minister of Transport", the phrase "Order of the Ministry of Labour" in that paragraph with "Order of the Ministry of Transport", and the phrase "Order of the Ministry of Labour" in paragraph (3) and the preceding paragraph with "Order of the Ministry of Transport".
Supplementary Provisions, Article 3Transitional Measures concerning Past Service Premiums
第三条(過去勤務掛金に関する経過措置)
The provisions of Article 21-3, paragraph (1) of the New Act apply to past service premiums relating to covered employees under retirement allowance mutual aid contracts that took effect on or after the date specified in Article 1, item (ii) of the Supplementary Provisions (hereinafter referred to as the "Partial Effective Date"), and the provisions then in force continue to govern past service premiums relating to covered employees under retirement allowance mutual aid contracts that took effect before the Partial Effective Date.
Supplementary Provisions, Article 4Transitional Measures Concerning Retirement Allowances, etc.
第四条(退職金等に関する経過措置)
In this Article through Article 14 of the Supplementary Provisions, the meanings of the terms set forth in the following items are as specified in those items.
この条から附則第十四条までにおいて、次の各号に掲げる用語の意義は、当該各号に定めるところによる。
Former Act contract: a retirement allowance mutual aid contract that took effect before April 1, 1991;
旧法契約 平成三年四月一日前に効力を生じた退職金共済契約をいう。
1990 Act contract: a retirement allowance mutual aid contract that took effect on or after April 1, 1991 and before the Partial Effective Date;
二年法契約 平成三年四月一日以後一部施行日前に効力を生じた退職金共済契約をいう。
Number of months of paid premiums per bracket: the number of months for which premiums relating to each bracket (hereinafter referred to as a "bracket of the monthly premium") have been paid, for each such bracket, where the monthly premium is successively divided into brackets of 100 yen;
区分掛金納付月数 掛金月額を百円ごとに順次区分した場合における各区分(以下「掛金月額の区分」という。)ごとの当該区分に係る掛金の納付があった月数をいう。
Number of months of paid premiums per bracket before the Partial Effective Date: the number of months of paid premiums per bracket relating to the period before the Partial Effective Date;
Former highest monthly premium: the highest amount of the monthly premium for each covered employee relating to the period before April 1991 under a former Act contract;
Converted number of months: for each bracket of the monthly premium, where the number of months of paid premiums per bracket before the Partial Effective Date is 43 months or more (36 months or more, in the case of a former Act contract), the number of months obtained, on the assumption that the covered employee's retirement took place on the day preceding the Partial Effective Date, by subtracting that number of months of paid premiums per bracket before the Partial Effective Date from the number of months corresponding to the amount that is closest to the amount calculated by the previous calculation method, as provided by Cabinet Order, in accordance with the number of months of paid premiums per bracket before the Partial Effective Date, within a range not falling below that calculated amount, among the amounts equal to one-tenth of the amounts specified in the lower column of Appended Table 2 of the New Act; provided, however, that where the number of months equivalent to the converted number of months corresponding to that number of months of paid premiums per bracket before the Partial Effective Date is less than the largest of the numbers of months equivalent to the converted number of months corresponding to a number of months of paid premiums per bracket before the Partial Effective Date that is smaller than that number of months of paid premiums per bracket before the Partial Effective Date in the same bracket of the monthly premium, it is that largest number of months;
換算月数 掛金月額の区分ごとに、一部施行日前区分掛金納付月数が四十三月以上(旧法契約にあっては、三十六月以上)の場合において、被共済者が一部施行日の前日に退職したものとみなして、新法別表第二の下欄に定める金額の十分の一の金額のうち、一部施行日前区分掛金納付月数に応じ、政令で定めるところにより従前の算定方法により算定した額を下回らない範囲内で当該算定した額に最も近い金額に応じた月数から、当該一部施行日前区分掛金納付月数を減じて得た月数をいう。ただし、当該一部施行日前区分掛金納付月数に対応する換算月数に相当する月数が、同一の掛金月額の区分における当該一部施行日前区分掛金納付月数より小さい一部施行日前区分掛金納付月数に対応する換算月数に相当する月数のうち最大のものを下回るときは、当該最大の月数とする。
Converted number of months for the cancellation refund: the number of months calculated in accordance with the provisions of the preceding item, with the phrase "on the assumption that the covered employee's retirement took place on the day preceding the Partial Effective Date" in that item deemed to be replaced with "on the assumption that the retirement allowance mutual aid contract relating to the covered employee was cancelled on the day preceding the Partial Effective Date";
Calculation month: the calculation month prescribed in Article 10, paragraph (2), item (iii), (b) of the New Act.
計算月 新法第十条第二項第三号ロに規定する計算月をいう。
Supplementary Provisions, Article 5
第五条
The provisions of Article 10, paragraph (2) and Article 21-4, paragraphs (1) and (2) (excluding item (i)) of the New Act apply to the amount of a retirement allowance in the case where a covered employee under a retirement allowance mutual aid contract that took effect on or after the Partial Effective Date retires (excluding the case where Article 14 of the Supplementary Provisions applies), and the amount of a retirement allowance in the case where a covered employee under a retirement allowance mutual aid contract that took effect before the Partial Effective Date retires is as provided in the following Article through Article 10 of the Supplementary Provisions.
Supplementary Provisions, Article 6
第六条
The provisions then in force continue to govern the amount of a retirement allowance relating to a covered employee who retired before the Partial Effective Date.
Supplementary Provisions, Article 7
第七条
The amount of a retirement allowance in the case where a covered employee, among covered employees under retirement allowance mutual aid contracts that took effect before the Partial Effective Date, for whom a past service premium has never been paid (hereinafter referred to as an "Article 7 covered employee" in this Article and Articles 10 and 13 of the Supplementary Provisions) retires on or after the Partial Effective Date is the amount specified in each of the following items according to the category of the number of months of paid premiums set out in that item.
23 months or less: the amount obtained by adding together, for each bracket of the monthly premium, the amounts equal to one-tenth of the amounts specified in the lower column of Appended Table 1 of the New Act in accordance with the number of months of paid premiums per bracket (in the case where the retirement is due to death, the amount obtained by adding together the amounts obtained by multiplying 100 yen by the number of months of paid premiums per bracket);
24 months or more and 42 months or less: the amount obtained by adding together, for each bracket of the monthly premium, the amounts obtained by multiplying 100 yen by the number of months of paid premiums per bracket (in the case of an Article 7 covered employee under a former Act contract, in a bracket of the monthly premium in which the number of months of paid premiums per bracket before the Partial Effective Date is 36 months or more, the amount equal to one-tenth of the amount specified in the lower column of Appended Table 2 of the New Act in accordance with the number of months obtained by adding the converted number of months corresponding to that number of months of paid premiums per bracket before the Partial Effective Date to the number of months of paid premiums per bracket, and where that amount exceeds the amount calculated by the previous calculation method, as provided by Cabinet Order, that calculated amount);
43 months or more: the amount obtained by adding together the amounts specified in (a) and (b):
四十三月以上 次のイ及びロに定める額を合算して得た額
The amount obtained by adding together, for each bracket of the monthly premium, the amounts specified in (1) or (2) below according to the category of the number of months of paid premiums per bracket before the Partial Effective Date set out in (1) or (2):
Where the number of months of paid premiums per bracket before the Partial Effective Date is 42 months or less (35 months or less, in the case of a former Act contract): the amount equal to one-tenth of the amount specified in the lower column of Appended Table 2 of the New Act in accordance with the number of months of paid premiums per bracket;
一部施行日前区分掛金納付月数が四十二月以下(旧法契約にあっては、三十五月以下) 区分掛金納付月数に応じ新法別表第二の下欄に定める金額の十分の一の金額
Where the number of months of paid premiums per bracket before the Partial Effective Date is 43 months or more (36 months or more, in the case of a former Act contract): the amount equal to one-tenth of the amount specified in the lower column of Appended Table 2 of the New Act in accordance with the number of months obtained by adding the converted number of months corresponding to that number of months of paid premiums per bracket before the Partial Effective Date to the number of months of paid premiums per bracket; provided, however, that where that amount exceeds the amount calculated by the previous calculation method, as provided by Cabinet Order, that calculated amount;
一部施行日前区分掛金納付月数が四十三月以上(旧法契約にあっては、三十六月以上) 区分掛金納付月数に当該一部施行日前区分掛金納付月数に対応する換算月数を加えた月数に応じ新法別表第二の下欄に定める金額の十分の一の金額。ただし、その額が政令で定めるところにより従前の算定方法により算定した額を超えるときは、当該算定した額とする。
In the case of an Article 7 covered employee under a former Act contract for whom no premium in an amount exceeding the former highest monthly premium has been paid as a premium relating to the period before April 1996, the amount specified in (1) below, and in the case of any other Article 7 covered employee, the amount obtained by adding the amount specified in (2) to the amount specified in (1) below:
平成八年四月前の期間に係る掛金として旧最高掛金月額を超える額の掛金の納付がなかった旧法契約の第七条被共済者にあっては、次の(1)に定める額とし、それ以外の第七条被共済者にあっては、次の(1)に定める額に(2)に定める額を加算した額
The amount obtained by adding together the amounts obtained by multiplying the total of the amounts specified in (a), (1) or (2) in accordance with the number of months of paid premiums per bracket relating to the premium for each month from the month containing the day on which the retirement allowance mutual aid contract took effect through the calculation month (limited to a calculation month on or after April 1996) (referred to as the "specified hypothetical retirement allowance amount" in Article 11 of the Supplementary Provisions) by the payment rate for the fiscal year to which that calculation month belongs, as determined pursuant to the provisions of Article 11 of the Supplementary Provisions, in each case (where the amount has a fraction of less than one yen, it is rounded up to one yen);
The amount obtained by adding together the amounts obtained by multiplying the total of the amounts equal to one-tenth of the amounts specified in the lower column of Appended Table 2 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act before amendment (hereinafter referred to as the "Former Act") in accordance with the number of months of paid premiums per bracket relating to the premium for each month from the month containing the day on which the retirement allowance mutual aid contract took effect through the calculation month (limited to a calculation month from April 1992 through March 1996) (in the case of an Article 7 covered employee under a former Act contract, the premium for each month for the part of the premium exceeding the former highest monthly premium) by the payment rate for the fiscal year to which that calculation month belongs, as determined pursuant to the provisions of Article 10, paragraph (3) of the Former Act, in each case (where the amount has a fraction of less than one yen, it is rounded up to one yen).
Supplementary Provisions, Article 8
第八条
The amount of a retirement allowance in the case where a covered employee, among covered employees under retirement allowance mutual aid contracts that took effect before the Partial Effective Date, for whom a past service premium has been paid (excluding a covered employee falling under the provisions of the following Article; hereinafter referred to as an "Article 8 covered employee" in the preceding Article as applied with terms replaced pursuant to this Article and in Article 13 of the Supplementary Provisions) retires on or after the Partial Effective Date is the greater of the following amounts.
The amount obtained when, on the assumption that the retirement allowance mutual aid contract took effect on the day corresponding to the day on which it actually took effect, in the year going back by the number of years of the past service period from the year containing that day, and that the premiums for each month from the month containing that corresponding day through the month preceding the month containing the day on which the retirement allowance mutual aid contract actually took effect were paid at a monthly premium in an amount equivalent to the past service monthly amount, the provisions of the preceding Article (excluding item (i)) are applied with the phrase "Article 7 covered employee" in the preceding Article deemed to be replaced with "Article 8 covered employee";
The amount obtained by adding the total amount of past service premiums paid (where the number of months for which past service premiums were paid is 48 months or 60 months, the amount obtained by multiplying the amount of the past service premium by 49.6 or 68, respectively) to the amount obtained when, on the assumption that no past service premium has been paid, the provisions of the preceding Article are applied with the phrase "Article 7 covered employee" in the preceding Article deemed to be replaced with "Article 8 covered employee".
retirementmachine translation
「退職」
The ending of an employee's employment relationship with their employer (事業主).
Defined inArticle 2, paragraph (2)· applies throughout the law
retirement allowance mutual aid contractmachine translation
「退職金共済契約」
A contract under which an employer (事業主) promises to pay premiums (掛金) to the Organization for Workers' Retirement Allowance Mutual Aid (独立行政法人勤労者退職金共済機構) and the Organization promises to pay a retirement allowance (退職金), as this Act provides, when the employer's employees leave; a specified-industry retirement allowance mutual aid contract (特定業種退職金共済契約) is not one.
Defined inArticle 2, paragraph (3)· applies throughout the law
covered employeemachine translation
「被共済者」
A person to whom the Organization (機構) must pay a retirement allowance (退職金) when they leave their employment, under a retirement allowance mutual aid contract (退職金共済契約) or a specified-industry retirement allowance mutual aid contract (特定業種退職金共済契約).
Defined inArticle 2, paragraph (7)· applies throughout the law
number of months of paid premiumsmachine translation
「掛金納付月数」
The number of months for which premiums (掛金) have been paid for a covered employee (被共済者); no retirement allowance (退職金) is paid if it is under 12.
Short name set inArticle 10, paragraph (1)
fiscal yearmachine translation
「年度」
The fiscal year, from 1 April to 31 March of the following year.
Defined inArticle 10, paragraph (2), item (iii), (b)
past service periodmachine translation
「過去勤務期間」
The period an employee has been continuously employed by the employer from being hired up to the day before the retirement allowance mutual aid contract (退職金共済契約) takes effect, less the periods an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) sets during which they were one of those Article 3, paragraph (3) lists, such as a fixed-term or seasonal worker, with any part of a year dropped; the employer may ask for up to 120 months of it to be added to the months of paid premiums.
Defined inArticle 27, paragraph (1)
past service monthly amountmachine translation
「過去勤務通算月額」
The monthly premium (掛金月額) for the past service period (過去勤務期間) that an employer fixes when asking under Article 27, paragraph (1) for that period to be counted, on which the retirement allowance (退職金) under Article 29, paragraph (1), item (i) is based.
Short name set inArticle 27, paragraph (3)
the New Actmachine translation
「新法」
This Act as amended by Act No. 63 of 1995.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Act No. 63 of 1995, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
certified contractmachine translation
「認定契約」
In Article 2 of the supplementary provisions (附則) of Act No. 63 of 1995, a retirement allowance mutual aid contract (退職金共済契約) that had to raise its monthly premium (掛金月額) to 5,000 yen or more when that Act came into effect, and that the Minister of Labour (労働大臣) has certified would find it extremely hard to do so after the two years in which it could stay at 4,000 yen; it may keep paying 4,000 yen until a day an Order of the Ministry of Labour (労働省令) sets.
Short name set inSupplementary Provisions, Article 2, paragraph (2)· applies only in this article
Partial Effective Datemachine translation
「一部施行日」
In the supplementary provisions (附則) of Act No. 63 of 1995, 1 April 1996, the date set in Article 1, item (ii) of those supplementary provisions on which the provisions it lists — among them the amendments to Article 21-4 and Appended Tables 2 to 4 — come into effect.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
former Act contractmachine translation
「旧法契約」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 63 of 1995 and of Act No. 46 of 1998, a retirement allowance mutual aid contract (退職金共済契約) that took effect before 1 April 1991.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (i)· applies only in this article
1990 Act contractmachine translation
「二年法契約」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 63 of 1995 and of Act No. 46 of 1998, a retirement allowance mutual aid contract (退職金共済契約) that took effect on or after 1 April 1991 and before 1 April 1996.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (ii)· applies only in this article
number of months of paid premiums per bracketmachine translation
「区分掛金納付月数」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 63 of 1995 and of Act No. 46 of 1998, the number of months for which premiums were paid in each of the successive 100-yen brackets into which a monthly premium (掛金月額) is divided, counted bracket by bracket.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (iii)· applies only in this article
bracket of the monthly premiummachine translation
「掛金月額の区分」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 63 of 1995, each of the successive 100-yen brackets into which a monthly premium (掛金月額) is divided.
Short name set inSupplementary Provisions, Article 4, paragraph (1), item (iii)
number of months of paid premiums per bracket before the partial effective datemachine translation
「一部施行日前区分掛金納付月数」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 63 of 1995, the number of months of paid premiums per bracket (区分掛金納付月数) that fall in the period before 1 April 1996, the partial effective date (一部施行日).
Defined inSupplementary Provisions, Article 4, paragraph (1), item (iv)· applies only in this article
former highest monthly premiummachine translation
「旧最高掛金月額」
In the supplementary provisions (附則) of Act No. 39 of 1990, of Act No. 63 of 1995 and of Act No. 46 of 1998, the highest monthly premium (掛金月額) of a covered employee (被共済者) in the period before April 1991 under a retirement allowance mutual aid contract (退職金共済契約) that took effect before 1 April 1991, when Act No. 39 of 1990 came into effect.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (v)· applies only in this article
converted number of monthsmachine translation
「換算月数」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 63 of 1995, an extra number of months credited, in each bracket of the monthly premium (掛金月額の区分) with at least 43 months of paid premiums before 1 April 1996 (at least 36 for a contract that took effect before 1 April 1991), so that the amount under Appended Table 2 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as Act No. 63 of 1995 amended it is not below what the earlier method gives for an employee taken to have retired on 31 March 1996; it is never smaller than the largest figure for fewer paid months in the same bracket.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (vi)· applies only in this article
converted number of months for the cancellation refundmachine translation
「解約手当金換算月数」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 63 of 1995, the converted number of months (換算月数) worked out the same way but on the assumption that the employee's retirement allowance mutual aid contract (退職金共済契約) was terminated, rather than the employee retiring, on 31 March 1996; it is used for the cancellation refund (解約手当金).
Defined inSupplementary Provisions, Article 4, paragraph (1), item (vii)· applies only in this article
calculation monthmachine translation
「計算月」
In Articles 4 to 14 of the supplementary provisions (附則) of Act No. 63 of 1995, a calculation month as provided in Article 10, paragraph (2), item (iii), (b) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as Act No. 63 of 1995 amended it.
Defined inSupplementary Provisions, Article 4, paragraph (1), item (viii)· applies only in this article
Article 7 covered employeemachine translation
「第七条被共済者」
In Articles 7, 10 and 13 of the supplementary provisions (附則) of Act No. 63 of 1995, a covered employee (被共済者) under a retirement allowance mutual aid contract (退職金共済契約) that took effect before 1 April 1996 for whom no past service premium (過去勤務掛金) has ever been paid; Article 7 sets their retirement allowance (退職金) if they leave on or after that date.
Short name set inSupplementary Provisions, Article 7, paragraph (1)· applies only in this article and in Supplementary Provisions, Articles 10 and 13
specified hypothetical retirement allowance amountmachine translation
「特定仮定退職金額」
In Articles 7 and 11 of the supplementary provisions (附則) of Act No. 63 of 1995, the sum of the amounts under Article 7, item (iii), (a)(1) or (2) of those supplementary provisions for the months of paid premiums per bracket (区分掛金納付月数) from the month the retirement allowance mutual aid contract (退職金共済契約) took effect up to a calculation month (計算月) in or after April 1996; multiplied by that year's payment rate (支給率), it gives part of the extra amount added to the retirement allowance (退職金).
Short name set inSupplementary Provisions, Article 7, paragraph (1), item (iii), (b), (1)· applies only in this provision and in Supplementary Provisions, Article 11
the Former Actmachine translation
「旧法」
This Act as it stood before Act No. 63 of 1995 amended it.
Short name set inSupplementary Provisions, Article 7, paragraph (1), item (iii), (b), (2)
Article 8 covered employeemachine translation
「第八条被共済者」
In Articles 8 and 13 of the supplementary provisions (附則) of Act No. 63 of 1995, a covered employee (被共済者) under a retirement allowance mutual aid contract (退職金共済契約) that took effect before 1 April 1996 for whom past service premiums (過去勤務掛金) have been paid, other than an Article 9 covered employee (第九条被共済者); Article 8 sets their retirement allowance (退職金) if they leave on or after that date, as the larger of two amounts.
Short name set inSupplementary Provisions, Article 8, paragraph (1)· applies only in this article
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.