The provisions of the preceding Article apply mutatis mutandis if a consignee refuses to receive or is unable to receive goods. In this case, the phrase "if the carrier demands that" in paragraph (2) of that Article is deemed to be replaced with "if the carrier demands that the consignee receive goods within a reasonable period of time, and after the expiration of that period "; and the term "shipper" in paragraph (5) of that Article is deemed to be replaced with "shipper and consignee".
A carrier ceases to be liable for damage or partial loss of goods if the consignee receives the goods without raising any objection; provided, however, that this does not apply if the goods have incurred damage or a partial loss that cannot be immediately discovered, and the consignee notifies the carrier of this within two weeks from the date of delivery.
The provisions of the preceding paragraph do not apply if the carrier, at the time of delivering the goods, knows of the damage or partial loss they have incurred.
If a carrier entrusts a third party with transportation, and a consignee issues notice to the carrier as referred to in the proviso to paragraph (1) within the period referred to in the proviso to that paragraph, the period referred to in the proviso to that paragraph concerning a third party's liability to the carrier is deemed to have been extended to the final day in the two-week period that begins on the day on which the carrier received the notice.
A carrier ceases to be liable for loss, damage, or delay if no claim is filed with the courts within one year from the day on which the goods are delivered (or, in the event of a total loss of goods, the day on which the goods should have been delivered).
第二項
前項の期間は、運送品の滅失等による損害が発生した後に限り、合意により、延長することができる。
The period referred to in the preceding paragraph may be extended by agreement only after damage has arisen as a result of the loss, damage, or delay.
If a carrier entrusts a third party with transportation, and the carrier provides compensation for loss or damage or has had a claim filed against it with the courts within the period referred to in paragraph (1), the period referred to in that paragraph concerning a third party's liability to the carrier is deemed to have been extended to the final day in the three-month period that begins on the day on which the carrier provided the compensation or had the claim filed against it.
第五百八十六条
(運送人の債権の消滅時効)Extinctive Prescription for Claims of Carrier
A claim held by a carrier against a shipper or consignee is extinguished by prescription if the carrier does not exercise it during the one-year period that begins once the carrier has the right to exercise it.
The provisions of Articles 576, 577, 584, and 585 apply mutatis mutandis to the liability of a carrier toward a shipper or consignee to compensate for damage in tort arising as a result of loss, damage, or delay; provided, however, that this does not apply to a carrier's liability to a consignee if the carrier undertakes transportation from the shipper even though the consignee had previously refused to have the goods transported through entrustment by the shipper.
第五百八十八条
(運送人の被用者の不法行為責任)Tort Liability of Carrier's Employees
If, pursuant to the provisions of the preceding Article, a carrier is subject to a release from or reduction in the liability to compensate for loss or damage arising as a result of loss, damage, or delay, the carrier's employees are also subject to a release from or reduction in their liability to a shipper or consignee to compensate for damage in tort arising as a result of that loss, damage, or delay, to the extent of the carrier's release from or reduction in liability.
第二項
前項の規定は、運送人の被用者の故意又は重大な過失によって運送品の滅失等が生じたときは、適用しない。
The provisions of the preceding paragraph do not apply if the loss, damage, or delay arises at the intention of the carrier's employee or due to the gross negligence of the carrier's employee.
A passenger transportation contract becomes effective by virtue of a carrier promising to transport a passenger, and the other party promising to pay transportation charges for that outcome.
A carrier is liable to compensate for loss or damage a passenger incurs due to transportation; provided, however, that this does not apply if the carrier proves that it did not neglect to exercise due care in transporting the passenger.
Any special agreement that makes the carrier subject to a release from or reduction in the liability to compensate for loss or damage to the life or person of a passenger (excluding the liability to compensate for loss or damage mainly arising from a delay in transportation) is void.
第二項
前項の規定は、次に掲げる場合には、適用しない。
The provisions of the preceding paragraph do not apply in the following cases:
一
大規模な火災、震災その他の災害が発生し、又は発生するおそれがある場合において運送を行うとき。
if a carrier transports a passenger in the event or likely event of a large-scale fire, earthquake, or other such disaster; or
if a carrier transports a passenger whose life or person is likely to be placed in material danger due to the vibrations normally occasioned by transportation or other such circumstances.
第五百九十二条
(引渡しを受けた手荷物に関する運送人の責任等)Carrier Liability for Baggage Handed Over to It
A carrier has the same liability as a carrier that is under a freight transportation contract with regard to the baggage that passengers have handed over to the carrier, even if the carrier does not claim any special freight charges for it.
A carrier's employee has the same liability as the employee of a carrier that is under a freight transportation contract, as it concerns the baggage provided for in the preceding paragraph.
If a passenger does not seek to have the baggage prescribed in paragraph (1) handed over within one week from the day on which the baggage arrives at the destination, a carrier may deposit the baggage with an official depository or may put it up for auction after issuing a notice for the passenger to seek to have it handed over within a reasonable period of time. In this case, once the carrier deposits the baggage with an official depository or puts it up for auction, the carrier must notify the passenger of this without delay.
If the price of baggage is likely to decline for reasons such as damage, the carrier may put it up for auction without issuing the notice referred to in the preceding paragraph.
If a carrier puts baggage up for auction pursuant to the provisions of the preceding two paragraphs, the carrier must deposit the proceeds from the auction; provided, however, that this does not preclude the carrier from allocating all or part of the proceeds to cover the freight charges.
第六項
旅客の住所又は居所が知れないときは、第三項の催告及び通知は、することを要しない。
If a passenger's domicile or residence is unknown, the carrier is not required to issue the notice or notify the passenger as referred to in paragraph (3).
第五百九十三条
(引渡しを受けていない手荷物に関する運送人の責任等)Carrier Liability for Baggage Not Handed Over to It
A carrier is not liable to compensate for loss or damage arising as a result of loss or damage to the baggage that a passenger has not handed over to the carrier (including a passenger's personal belongings), unless the carrier has intentionally or negligently caused the loss or damage.
The provisions of Article 576, paragraphs (1) and (3), Article 584, paragraph (1), Article 585, paragraphs (1) and (2), Article 587 (limited to the parts concerning the application mutatis mutandis of the provisions of Article 576, paragraphs (1) and (3), Article 584, paragraph (1), and Article 585, paragraphs (1) and (2)), and Article 588 apply mutatis mutandis if a carrier is liable to compensate for loss or damage that arises as a result of loss or damage to baggage as prescribed in the preceding paragraph. In this case: in Article 576, paragraph (1), the phrase "the goods are to be delivered" is deemed to be replaced with "the transportation is to be completed"; in Article 584, paragraph (1), the phrase "the consignee receives the goods without raising any objection" is deemed to be replaced with "the passenger has not raised any objection by the time of completion of transportation", and the phrase "the consignee notifies the carrier of this within two weeks from the date of delivery " is deemed to be replaced with "the passenger notifies the carrier of this within two weeks from the date of completion of transportation"; and in Article 585, paragraph (1), the phrase "the day on which the goods are delivered (or, in the event of a total loss of goods, the day on which the goods should have been delivered)" is deemed to be replaced with "the day of completion of transportation".
第五百九十四条
(運送人の債権の消滅時効)Extinctive Prescription of Carriers' Claims
第一項
第五百八十六条の規定は、旅客運送について準用する。
The provisions of Article 586 apply mutatis mutandis to passenger transportation.