The term "ship" as used in this Part (excluding Article 747) means a ship that is used in a voyage at sea for the purpose of conducting a commercial transaction (excluding a ship's tender or a boat steered solely or mainly using oars or paddles).
第六百八十五条
(従物の推定等)Presumption of Accessories
第一項
船舶の属具目録に記載した物は、その従物と推定する。
The objects entered in a ship's inventory of equipment are presumed to be accessories of the ship.
第二項
属具目録の書式は、国土交通省令で定める。
The form of a ship's inventory of equipment is specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
A shipowner must register their ship and obtain a certificate of the vessel's nationality pursuant to the provisions of the Ship Act (Act No. 46 of 1899).
第二項
前項の規定は、総トン数二十トン未満の船舶については、適用しない。
The provisions of the preceding paragraph do not apply to a ship with a gross tonnage of less than 20 tons.
第六百八十七条
(船舶所有権の移転の対抗要件)Requirements for Perfection of Transfer of Ownership of Ship
The transfer of ownership of a ship may not be asserted against a third party unless it is registered and entered in the certificate of the vessel's nationality.
第六百八十八条
(航海中の船舶を譲渡した場合の損益の帰属)Attribution of Profit and Loss in Case of Transfer of Ship at Sea
第一項
航海中の船舶を譲渡したときは、その航海によって生ずる損益は、譲受人に帰属する。
If a ship is transferred while it is at sea, profits and losses arising from the voyage are attributed to the transferee.
第六百八十九条
(航海中の船舶に対する差押え等の制限)Restriction on Seizure of Ships at Sea
It is not permissible to carry out a seizure or provisional seizure (other than a provisional seizure by means of registration) of a ship that is at sea (excluding a ship that is at anchor).
A shipowner is liable to compensate for loss or damage that the mariners of the ship, including the master, cause to others intentionally or negligently in the course of performing their duties.
第六百九十一条
(社員の持分の売渡しの請求)Demanding That Members Sell Their Shares
If a ship owned by a membership company would lose Japanese nationality due to the transfer of the share of a member in charge of executing its business, another member in charge of executing its business may demand that the member in question sell that share to the other member at a reasonable price.
The particulars of the use of a ship are determined among the part owners of the ship by majority, in accordance with the value of the part owners' shares.
第六百九十三条
第一項
船舶共有者は、その持分の価格に応じ、船舶の利用に関する費用を負担しなければならない。
The part owners of a ship must bear the costs for the use of the ship in proportion to the value of their shares.
第六百九十四条
(船舶共有者の持分買取請求)Requesting to Be Bought Out of One's Share as Part Owner of Ship
When the part owners of a ship make a decision on the following matters, a part owner objecting to the decision may demand that the other part owners buy out the objecting part owner's share at a reasonable price:
一
新たな航海(船舶共有者の間で予定されていなかったものに限る。)をすること。
to embark on a new voyage (limited to one that has not been planned among the part owners of the ship); or
A part owner of a ship seeking to make a demand under the provisions of the preceding paragraph must issue notice of this to the other part owners or the ship's manager within three days from the date of the decision referred to in that paragraph (in the case of a part owner who has not participated in the decision-making process, the day after the day on which the part owner is notified of the decision).
第六百九十五条
(船舶共有者の第三者に対する責任)Liability of Part Owners of Ship to Third Parties
第一項
船舶共有者は、その持分の価格に応じ、船舶の利用について生じた債務を弁済する責任を負う。
The part owners of a ship are liable to perform the obligations arising from the use of the ship in proportion to the value of their shares.
Even if the part owners of a ship have a partnership agreement, each part owner (excluding one that is the ship's manager) may transfer that part owner's share in whole or in part to another person without the consent of the other part owners.
The part owner of a ship that is the ship's manager may not transfer all or part of their share to another person without obtaining consent from all other part owners.
第六百九十七条
(船舶管理人)Ship's Manager
第一項
船舶共有者は、船舶管理人を選任しなければならない。
The part owners of a ship must appoint a ship's manager.
第二項
船舶共有者でない者を船舶管理人とするには、船舶共有者の全員の同意がなければならない。
All of the part owners of a ship must consent in order to appoint a person that is not a part owner as the ship's manager.
The appointment of a ship's manager must be registered. The same applies to the extinguishment of the ship's manager's authority to represent the part owners.
第四項
第九条の規定は、前項の規定による登記について準用する。
The provisions of Article 9 apply mutatis mutandis to the registration under the provisions of the preceding paragraph.
第六百九十八条
(船舶管理人の代理権)Ship's Manager's Authority to Act as Agent
A ship's manager has the authority to perform any and all acts in and out of court on behalf of the part owners of the ship in connection with the use of the ship, except for those set forth in the following:
一
船舶を賃貸し、又はこれについて抵当権を設定すること。
leasing the ship or mortgaging the ship;
二
船舶を保険に付すること。
buying insurance for the ship;
三
新たな航海(船舶共有者の間で予定されていなかったものに限る。)をすること。
embarking on a new voyage (limited to one that has not been planned among the part owners of the ship);
四
船舶の大修繕をすること。
making a major repair to the ship; and
五
借財をすること。
borrowing money.
第二項
船舶管理人の代理権に加えた制限は、善意の第三者に対抗することができない。
A limitation on the ship's manager's authority to act as agent may not be asserted against a third party in good faith.
第六百九十九条
(船舶管理人の義務)Obligations of Ship's Manager
第一項
船舶管理人は、その職務に関する帳簿を備え、船舶の利用に関する一切の事項を記載しなければならない。
A ship's manager must keep books concerning their duties and enter in them all information concerning the use of the ship.
The ship's manager must settle the accounts concerning the use of the ship for each specified period and request approval from the part owners of the ship.
第七百条
(船舶共有者の持分の売渡しの請求等)Demanding That Part Owners of Ship Sell Their Shares
If a ship would lose Japanese nationality due to the transfer of the share of a part owner of the ship or due to a part owner's loss of Japanese nationality, another part owner may demand that the part owner in question sell their share to the other part owner at a reasonable price or put the share up for auction.
第三節 船舶賃貸借
第七百一条
(船舶賃貸借の対抗力)Validity of Ship Leasing Against Third Parties
A lessee of a ship that uses that ship in a voyage at sea for the purpose of conducting commercial transactions bears the obligation to make the repairs needed to enable the use of the ship if the ship incurs any damage after the lessee receives it; provided, however, that this does not apply if the cause of the damage is attributable to the lessor.
第七百三条
(船舶の賃借人の権利義務等)Rights and Obligations of Ship's Lessee
A lessee of a ship prescribed in the preceding Article has the same rights and obligations as the shipowner toward third parties as it concerns particulars related to the use of the ship.
In the case referred to in the preceding paragraph, any statutory lien arising from the use of the ship is also valid against the shipowner; provided, however, that this does not apply if the holder of the statutory lien knows that the manner in which the ship is used by the ship's lessee is in violation of the contract with the shipowner.
A time charter contract becomes effective by virtue of one party promising to man and equip a ship and to allow the other party to use the ship for a specified period, and the other party promising to pay the hire.
A time charterer may give instructions to the master concerning decisions on the ship's route and on other such necessary particulars related to the use of the ship; provided, however, that this does not apply to pre-departure inspections and other such particulars relevant to the safety of the voyage.
第七百六条
(費用の負担)Bearing of Costs
第一項
船舶の燃料、水先料、入港料その他船舶の利用に関する通常の費用は、定期傭船者の負担とする。
Fuel costs, pilotage charges, harbor charges, and any other ordinary costs incurred in connection with the use of a ship are borne by the time charterer.
第七百七条
(運送及び船舶賃貸借に関する規定の準用)Application Mutatis Mutandis of Provisions on Transportation and Ship Leasing
The provisions of Article 572, Article 739, paragraph (1), and Article 740, paragraphs (1) and (3) apply mutatis mutandis when goods are transported by a ship under a time charter contract, and the provisions of Article 703, paragraph (2) apply mutatis mutandis to a statutory lien arising from the use of a ship by a time charterer. In this case, the phrase "as of the time of the ship's departure" in Article 739, paragraph (1) is deemed to be replaced with "as of the time of the ship's departure for each voyage".