Supplementary Provisions, Article 2Transitional Measures Concerning the Handing Over of an Amount Equivalent to a Cancellation Refund
第二条(解約手当金に相当する額の引渡しに関する経過措置)
The provisions of Article 17 of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as amended by the provisions of Article 1 (hereinafter referred to as the "New SME Retirement Allowance Act") apply to the case where a retirement allowance mutual aid contract (meaning a retirement allowance mutual aid contract prescribed in Article 2, paragraph (3) of the New SME Retirement Allowance Act; the same applies in Article 4 of the Supplementary Provisions) is cancelled pursuant to the provisions of Article 8, paragraph (2), item (ii) of the New SME Retirement Allowance Act on or after the day this Act comes into effect (hereinafter referred to as the "Effective Date"), and the provisions then in force continue to govern the case where, before the Effective Date, a retirement allowance mutual aid contract (meaning a retirement allowance mutual aid contract prescribed in Article 2, paragraph (3) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act before the amendment by the provisions of Article 1 (hereinafter referred to as the "Former SME Retirement Allowance Act" in this Article and Article 6 of the Supplementary Provisions)) is cancelled pursuant to the provisions of Article 8, paragraph (2), item (ii) of the Former SME Retirement Allowance Act.
第一条の規定による改正後の中小企業退職金共済法(以下「新中退法」という。)第十七条の規定は、この法律の施行の日(以下「施行日」という。)以後に新中退法第八条第二項第二号の規定により退職金共済契約(新中退法第二条第三項に規定する退職金共済契約をいう。附則第四条において同じ。)が解除された場合に適用し、施行日前に第一条の規定による改正前の中小企業退職金共済法(以下この条及び附則第六条において「旧中退法」という。)第八条第二項第二号の規定により退職金共済契約(旧中退法第二条第三項に規定する退職金共済契約をいう。)が解除された場合については、なお従前の例による。
New SME Retirement Allowance Actmachine translation
「新中退法」
This Act as amended by Article 1 of Act No. 17 of 2015.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Act No. 17 of 2015, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
Former SME Retirement Allowance Actmachine translation
「旧中退法」
This Act as it stood before Article 1 of Act No. 17 of 2015 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)· applies only in this article and in Supplementary Provisions, Article 6
retirement allowance mutual aid contractmachine translation
「退職金共済契約」
In Articles 2 and 4 of the supplementary provisions (附則) of Act No. 17 of 2015, a retirement allowance mutual aid contract as defined in Article 2, paragraph (3) of the Small and Medium Sized Enterprise Retirement Allowance Cooperative Act as Act No. 17 of 2015 amended it.
Defined inSupplementary Provisions, Article 2, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 4
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.