Section 1 Carriage of Goods In General Ship
第一節 個品運送
第七百三十七条(運送品の船積み等)
Once a carrier receives goods from a shipper based on a contract for the carriage of goods in a general ship (meaning a transportation contract intended for individual packages of goods; hereinafter the same applies in this Section), the carrier must load the goods onto the ship and stow them.
運送人は、個品運送契約(個々の運送品を目的とする運送契約をいう。以下この節において同じ。)に基づいて荷送人から運送品を受け取ったときは、その船積み及び積付けをしなければならない。
If a shipper neglects to deliver goods, the master may cause the ship to depart immediately. In this case, the shipper must pay the full amount of freight charges (if a carrier receives freight charges for other goods in place of those goods, the amount of such freight charges is deducted).
荷送人が運送品の引渡しを怠ったときは、船長は、直ちに発航することができる。この場合において、荷送人は、運送賃の全額(運送人がその運送品に代わる他の運送品について運送賃を得た場合にあっては、当該運送賃の額を控除した額)を支払わなければならない。
Article 738Delivery of Necessary Documents to Master
第七百三十八条(船長に対する必要書類の交付)
A shipper must deliver the documents necessary for transportation to the master within the loading period.
荷送人は、船積期間内に、運送に必要な書類を船長に交付しなければならない。
Article 739Duty of Care for Seaworthiness
第七百三十九条(航海に堪える能力に関する注意義務)
A carrier is liable to compensate for loss or damage arising as a result of loss of, damage to, or delay in the arrival of goods which is caused by the following things having been done insufficiently as of the time of the ship's departure; provided, however, that this does not apply if the carrier proves that it did not neglect to exercise due care in doing those things as of that time:
運送人は、発航の当時次に掲げる事項を欠いたことにより生じた運送品の滅失、損傷又は延着について、損害賠償の責任を負う。ただし、運送人がその当時当該事項について注意を怠らなかったことを証明したときは、この限りでない。
making the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their receipt, carriage and preservation.
船倉、冷蔵室その他運送品を積み込む場所を運送品の受入れ、運送及び保存に適する状態に置くこと。
Any special agreement that makes the carrier subject to a release from or reduction in the liability to compensate for loss or damage under the provisions of the preceding paragraph is void.
Article 740Discharge of Illegal Goods Loaded Onto Ship
第七百四十条(違法な船積品の陸揚げ等)
A carrier, at any time, may discharge goods that have been loaded onto the ship in violation of laws and regulations or not in accordance with a contract for the carriage of goods in a general ship, and may abandon these goods if they are likely to harm the ship or other cargo.
If a carrier has transported cargo provided for in the preceding paragraph, it may claim the maximum amount of freight charges for the same type of goods at the place and time of loading.
The provisions of the preceding two paragraphs do not preclude a carrier or other interested person from claiming compensation against a shipper for loss or damage.
Article 741Consignee's Obligation to Pay Freight Charges
第七百四十一条(荷受人の運送賃支払義務等)
Once a consignee receives goods, the consignee bears the obligation to pay the total sum of the following amounts (hereinafter referred to as the "freight charges and other receivables" in this Section) to the carrier, in accordance with the purport of the contract for the carriage of goods in a general ship or bill of lading:
the amount of freight charges, ancillary costs, and money advanced; and
運送賃、付随の費用及び立替金の額
the amount of salvage charges and the amount of general average contribution payable in proportion to the value of the goods.
運送品の価格に応じて支払うべき救助料の額及び共同海損の分担額
A carrier may retain goods until it receives payment for the freight charges and other receivables.
第七百四十二条(運送品の競売)
Even after a carrier delivers goods to a consignee, the carrier may put the goods up for auction in order to receive payment for the freight charges and other receivables; provided, however, that this does not apply if a third party acquires possession of the goods.
Article 743Cancellation of Contract by Shipper Before Departure of Ship
第七百四十三条(荷送人による発航前の解除)
Before the departure of a ship, a shipper may cancel a contract for the carriage of goods in a general ship by paying the full amount of freight charges; provided, however, that if the amount of damage caused to a carrier due to the cancellation of a contract for the carriage of goods in a general ship falls below the full amount of freight charges, it is sufficient for the shipper to compensate for that damage.
If the goods have been fully or partially loaded onto a ship, the provisions of the preceding paragraph apply only if the shipper obtains consent from all other shippers and the charterer. In this case, the shipper must bear the costs incurred for loading and discharging the goods.
前項の規定は、運送品の全部又は一部の船積みがされた場合には、他の荷送人及び傭船者の全員の同意を得たときに限り、適用する。この場合において、荷送人は、運送品の船積み及び陸揚げに要する費用を負担しなければならない。
第七百四十四条
Even if a shipper cancels a contract for the carriage of goods in a general ship pursuant to the provisions of the preceding Article, the shipper is not entitled to be released from the obligation to pay the carrier ancillary costs and money advanced.
Article 745Cancellation of Contract by Shipper After Departure of Ship
第七百四十五条(荷送人による発航後の解除)
After the departure of a ship, a shipper may not cancel a contract for the carriage of goods in a general ship unless the shipper obtains consent from all other shippers and the charterer, and either pays the total sum of the amount of freight charges and other receivables and the amount of damage that will arise from the discharge of goods or provides reasonable security.
Article 746Freight Charges If Cargo Is Used for Voyage
第七百四十六条(積荷を航海の用に供した場合の運送賃)
A carrier may claim the full amount of freight charges even if the master uses cargo for the voyage pursuant to the provisions of Article 712, paragraph (1).
Article 747Application Mutatis Mutandis to Freight Transportation by Non-Seagoing Vessels
第七百四十七条(非航海船による物品運送への準用)
The provisions of this Section apply mutatis mutandis to transportation of goods by ships used exclusively for navigation in water areas other than seas, such as lakes, rivers, ports, and harbors, for the purpose of conducting commercial transactions (excluding a ship's tender or a boat steered solely or mainly using oars or paddles; hereinafter referred to as "non-seagoing vessels" in this Part).
この節の規定は、商行為をする目的で専ら湖川、港湾その他の海以外の水域において航行の用に供する船舶(端舟その他ろかいのみをもって運転し、又は主としてろかいをもって運転する舟を除く。以下この編において「非航海船」という。)によって物品を運送する場合について準用する。
Section 2 Voyage Charter
第二節 航海傭船
第七百四十八条(運送品の船積み)
Once the preparations necessary for loading goods onto a ship have been completed based on a voyage charter contract (meaning a transportation contract that covers the whole or part of a ship; hereinafter the same applies in this Section), the master must issue notice of this to the charterer without delay.
航海傭船契約(船舶の全部又は一部を目的とする運送契約をいう。以下この節において同じ。)に基づいて運送品の船積みのために必要な準備を完了したときは、船長は、遅滞なく、傭船者に対してその旨の通知を発しなければならない。
If the period of loading is specified but the time of its commencement is not specified in a voyage charter contract, that period is counted from the day on which the notice referred to in the preceding paragraph is issued. In this case, the period of loading does not include any period during which the loading of goods is impeded due to force majeure.
Article 749Loading by Third Party
第七百四十九条(第三者による船積み)
If the master is to receive goods from a third party but the identity of the third party cannot be ascertained or the third party does not load goods onto the ship, the master must immediately issue notice of this to the charterer.
船長は、第三者から運送品を受け取るべき場合において、その第三者を確知することができないとき、又はその第三者が運送品の船積みをしないときは、直ちに傭船者に対してその旨の通知を発しなければならない。
In the case referred to in the preceding paragraph, the charterer may load goods onto the ship only within the loading period.
前項の場合において、傭船者は、船積期間内に限り、運送品の船積みをすることができる。
Article 750Request for Departure of Ship by Charterer
第七百五十条(傭船者による発航の請求)
A charterer may lodge a request with the master for the ship to depart even if the charterer has not loaded all of the goods onto the ship.
傭船者は、運送品の全部の船積みをしていないときであっても、船長に対し、発航の請求をすることができる。
If a charterer lodges a request as referred to in the preceding paragraph, the charterer bears the duty to pay the carrier the full amount of freight charges and any costs arising from the fact that not all of the goods are loaded onto the ship, and must provide reasonable security for the payment of these costs if requested to do so by the carrier.
Article 751Master's Right to Depart
第七百五十一条(船長の発航権)
After the loading period has passed, the master may immediately cause the ship to depart even if the charterer has not loaded all of the goods onto the ship. In this case, the provisions of paragraph (2) of the preceding Article apply mutatis mutandis.
船長は、船積期間が経過した後は、傭船者が運送品の全部の船積みをしていないときであっても、直ちに発航することができる。この場合においては、前条第二項の規定を準用する。
第七百五十二条(運送品の陸揚げ)
Once the preparations necessary for discharging goods from a ship have been completed, the master must notify the consignee of this without delay.
運送品の陸揚げのために必要な準備を完了したときは、船長は、遅滞なく、荷受人に対してその旨の通知を発しなければならない。
If a voyage charter contract prescribes a discharge period but does not prescribe the time of its commencement, the discharge period is counted from the time at which the consignee is notified as referred to in the preceding paragraph. In this case, the discharge period does not include any period during which the discharge of goods is impeded due to force majeure.
Article 753Cancellation of Full Charter Contract by Charterer Before Departure of Ship
第七百五十三条(全部航海傭船契約の傭船者による発航前の解除)
Before the departure of a ship, a charterer under a full charter contract (meaning a voyage charter contract that covers the whole of a ship; hereinafter the same applies in this Section) may cancel the full charter contract by paying the full amount of freight charges and demurrage; provided, however, that if the amount of damage caused to a carrier due to the cancellation of a full charter contract falls below the full amount of freight charges and demurrage, it is sufficient for the charterer to compensate for the damage.
If a charterer cancels the full charter contract pursuant to the provisions of the preceding paragraph after goods have been loaded onto the ship in whole or in part, the charterer bears the costs of loading and discharging the goods.
If a charterer under a full charter contract fails to load goods onto the ship during the period for loading, the carrier may deem that the charterer has cancelled the full charter contract.
Article 754Cancellation of Full Charter Contract by Charterer after Departure of Ship
第七百五十四条(全部航海傭船契約の傭船者による発航後の解除)
After the departure of a ship, a charterer under a full charter contract may not cancel the full charter contract unless the charterer pays the total sum prescribed in Article 745 and demurrage or provides reasonable security.
Article 755Application Mutatis Mutandis to Cancellation of Partial Charter Contract
第七百五十五条(一部航海傭船契約の解除への準用)
The provisions of Article 743, Article 745 and Article 753, paragraph (3) apply mutatis mutandis to the cancellation of a voyage charter contract whose subject is a part of a ship. In this case, the phrase "the full amount of freight charges" in Article 743, paragraph (1) is deemed to be replaced with "the full amount of freight charges and demurrage", and the phrase "total sum of the amount of freight charges and other receivables and the amount of damage that will arise from the discharge of goods" in Article 745 is deemed to be replaced with "total sum of the amount of freight charges and other receivables and the amount of damage that will arise from the discharge of goods, and demurrage".
第七百四十三条、第七百四十五条及び第七百五十三条第三項の規定は、船舶の一部を目的とする航海傭船契約の解除について準用する。この場合において、第七百四十三条第一項中「全額」とあるのは「全額及び滞船料」と、第七百四十五条中「合計額」とあるのは「合計額並びに滞船料」と読み替えるものとする。
carrier
「運送人」
A person whose business is undertaking land, marine or air transportation.
Defined inArticle 569, paragraph (1), item (i)· applies throughout the law
ship
「船舶」
In the part on maritime commerce (except Article 747), a ship used for navigation for the purpose of commercial transactions (商行為), other than rowboats and other boats driven only or mainly by oars.
Defined inArticle 684, paragraph (1)
contract for the carriage of goods in a general shipcorrected by this site
「個品運送契約」
A contract of carriage by sea whose object is individual items of goods, under which the carrier must load and stow the goods it receives from the shipper.
Defined inArticle 737, paragraph (1)· applies only in this section
freight charges and other receivables
「運送賃等」
The total a consignee must pay a carrier by sea on receiving the goods: the freight, incidental costs and advances, plus the salvage fee and general average (共同海損) contribution payable according to the goods' value.
Short name set inArticle 741, paragraph (1)· applies only in this section
non-seagoing vessels
「非航海船」
A ship used for commercial transactions (商行為) that navigates only waters other than the sea, such as lakes, rivers and harbours, other than rowboats and other boats driven only or mainly by oars.
Short name set inArticle 747, paragraph (1)· applies only in this part
voyage charter contract
「航海傭船契約」
A contract of carriage whose object is all or part of a ship.
Defined inArticle 748, paragraph (1)· applies only in this section
full charter contract
「全部航海傭船契約」
A voyage charter contract (航海傭船契約) for the whole of a ship.
Defined inArticle 753, paragraph (1)· applies only in this section
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.
damages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.
void
無効
Having no legal effect from the start. A void act does not take effect even if the parties later confirm it; confirming it knowing it is void counts as making a new act (Civil Code, Article 119). An act against public order or good morals is void (Article 90). Some Acts that protect one side make void a term that takes that protection away: a term of a land lease that is worse for the tenant than the Act on Land and Building Leases' rules on how long the lease lasts and how it is renewed (Article 9), a clause of a consumer contract that frees a business from all liability for damage its failure to perform causes the consumer (Consumer Contract Act, Article 8, paragraph (1), item (i)), or the part of a labor contract that falls short of the Labor Standards Act's standards, which the Act's standard replaces (Labor Standards Act, Article 13).
Written by AI using Civil Code, Arts. 90, 119, Act on Land and Building Leases, Art. 9, Consumer Contract Act, Art. 8 and Labor Standards Act, Art. 13 as a reference.