Chapter IV Collision of Ships
第四章 船舶の衝突
Article 788Sharing of Liability among Shipowners
第七百八十八条（船舶所有者間の責任の分担）
In the event of an accident caused by a collision of two ships (referred to as a "collision of ships" in the following Article), if there is negligence on the part of the shipowners or mariners of both ships, the court determines the liability of each shipowner to compensate for loss or damage arising from the collision and the amount of compensation in consideration of which ship was more seriously negligent. In such a case, if it is impossible to determine which ship was more seriously negligent, both shipowners are equally liable to compensate for loss or damage and bear the amount of compensation equally.
第七百八十九条（船舶の衝突による損害賠償請求権の消滅時効）
A claim for compensation for loss or damage arising from a tortious act occasioned by a collision of ships (limited to one arising from violation of property rights) is extinguished by prescription if it is not exercised within two years from the time of the tortious act.
船舶の衝突を原因とする不法行為による損害賠償請求権（財産権が侵害されたことによるものに限る。）は、不法行為の時から二年間行使しないときは、時効によって消滅する。
Article 790Constructive Collision
第七百九十条（準衝突）
The provisions of the preceding two Articles apply mutatis mutandis to an accident in which a ship has come extremely close to another ship due to an act relating to the former ship's navigation or handling or an act in violation of laws and regulations concerning ships, and has damaged the latter ship or people or objects on the latter ship.
Article 791Application Mutatis Mutandis to Collisions with Non-Seagoing Vessels
第七百九十一条（非航海船との衝突等への準用）
The provisions of the preceding three Articles apply mutatis mutandis to an accident between a ship and a non-seagoing vessel.
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)
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
collision of ships
「船舶の衝突」
A collision between one ship and another.
Short name set inArticle 788, paragraph (1)· applies only in this provision and in Article 789
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.