Unless the parties manifest a particular intention with respect to a claim which bears interest, the rate of the interest is the statutory interest rate on the time when the interest first accrues.
利息を生ずべき債権について別段の意思表示がないときは、その利率は、その利息が生じた最初の時点における法定利率による。
The statutory interest rate is 3% per annum.
法定利率は、年三パーセントとする。
Notwithstanding the provisions of the preceding paragraph, pursuant to the provisions of Ministry of Justice Order, the statutory interest rate is to change pursuant to the provisions of the following paragraph for each term consisting of three years.
The statutory interest rate for each term is the rate calculated by adding or deducting the rate equivalent to the difference between the benchmark rate for the most recent term during which there was a change in the statutory interest rate pursuant to the provisions of this paragraph (referred to as the "most recent term of change" in this paragraph below) and the benchmark rate for the current term (if the decimal portion is a figure with less than 1%, it is to be rounded down ), to or from the statutory interest rate for the most recent term of change.
各期における法定利率は、この項の規定により法定利率に変動があった期のうち直近のもの（以下この項において「直近変動期」という。）における基準割合と当期における基準割合との差に相当する割合（その割合に一パーセント未満の端数があるときは、これを切り捨てる。）を直近変動期における法定利率に加算し、又は減算した割合とする。
The term "benchmark rate" prescribed in the preceding paragraph means the rate announced by the Minister of Justice as the rate calculated by dividing, by 60, the sum of the average interest rate for short-term loans for each month (meaning the average of the interest rates for loans (limited to loans for a term of less than one year) extended by banks in each month) during the period from January of the year six years before the year which contains the first day of each term to December of the year two years before the year which contains the first date of each term (if the decimal portion is a figure with less than 0.1%, it is to be rounded down), pursuant to the provisions of Ministry of Justice Order.
前項に規定する「基準割合」とは、法務省令で定めるところにより、各期の初日の属する年の六年前の年の一月から前々年の十二月までの各月における短期貸付けの平均利率（当該各月において銀行が新たに行った貸付け（貸付期間が一年未満のものに限る。）に係る利率の平均をいう。）の合計を六十で除して計算した割合（その割合に〇・一パーセント未満の端数があるときは、これを切り捨てる。）として法務大臣が告示するものをいう。
Read this with the articles around it
(Statutory Interest Rate)
The statutory interest rate is 3% per annum.
法定利率は、年三パーセントとする。
Open this provision(Statutory Interest Rate)
The statutory interest rate for each term is the rate calculated by adding or deducting the rate equivalent to the difference between the benchmark rate for the most recent term during which there…
各期における法定利率は、この項の規定により法定利率に変動があった期のうち直近のもの（以下この項において「直近変動期」という。）における基準割合と当期における基準割合との差に相当する割合（その割合に一パーセント未満の端数があるときは、これを切り捨てる。）を直近変動期における法定利率に加算し、又は減算した割合とする。
Open this provisionmost recent term of change
「直近変動期」
In Article 404, paragraph (4), the most recent of the three-year periods in which the statutory interest rate (法定利率) changed under that paragraph.
Short name set inArticle 404, paragraph (4)· applies only in this paragraph
benchmark rate
「基準割合」
The rate by which the statutory interest rate (法定利率) is adjusted every three-year period: the Minister of Justice (法務大臣) publishes it, as a Ministry of Justice Order (法務省令) provides, as the total of the monthly average short-term lending rates — the average rate on loans of under one year that banks newly made in each month — from January six years before the year in which the period begins to December two years before that year, divided by 60, with any fraction below 0.1% dropped.
Defined inArticle 404, paragraph (5)
manifestation of intention
意思表示
A person's expression of an intention to which the law gives a legal effect, such as an offer to conclude a contract, which shows its terms and forms the contract once the other party accepts it (Civil Code, Article 522, paragraph (1)), the acceptance itself (Article 527), or the notice to the other party by which a party rescinds (取消し) an act or cancels (解除) a contract (Articles 123 and 540, paragraph (1)). One made to another person takes effect when notice of it reaches that person, or when it would normally have reached them if they blocked it without good reason (Article 97, paragraphs (1) and (2)), and does not lose its effect because the person who made it dies, loses mental capacity (意思能力) or comes under legal limits on what they can do alone after sending the notice (Article 97, paragraph (3)); where the person making it cannot find out who the other party is or where they are, it can be made by public notice (Article 98, paragraph (1)). It is not void just because the person making it knew it was not their true intention, unless the other party knew or could have known that (Article 93, paragraph (1)); a false one made in collusion with the other party is void (Article 94, paragraph (1)); and neither voidness can be asserted against a third party who did not know of it (善意) (Articles 93, paragraph (2), and 94, paragraph (2)). One based on a mistake that is material in light of the purpose of the juridical act (法律行為) and accepted views in dealings may be rescinded — one based on a mistaken view of the circumstances behind the act only if it had been shown that the act was based on them, and as a rule not where the mistake came from the gross negligence of the person who made it (Article 95, paragraphs (1) to (3)) — and so may one made under fraud or duress, though one induced by a third party's fraud only if the other party knew of the fraud or could have known of it (Article 96, paragraphs (1) and (2)); a rescission for mistake or fraud cannot be relied on against a third party who did not know and was not careless in not knowing (Article 95, paragraph (4), and Article 96, paragraph (3)). One that an agent makes within the agent's authority, showing that it is made for the principal, takes effect directly for the principal (Article 99, paragraph (1)). The Consumer Contract Act lets a consumer rescind an offer or acceptance of a consumer contract made because the business, when soliciting it, told them something untrue about an important matter and they believed it, among other grounds (Consumer Contract Act, Article 4, paragraph (1), item (i)), and the Act on Specified Commercial Transactions does the same where, in a door-to-door sale, the seller or service provider told them something untrue about such matters as the goods or the price (Article 6, paragraph (1), and Article 9-3, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 93, 94, 95, 96, 97, 98, 99, 123, 522, 527, 540, Consumer Contract Act, Art. 4 and Act on Specified Commercial Transactions, Arts. 6, 9-3 as a reference.