Supplementary Provisions, Article 19Transitional Measures Accompanying the Partial Amendment of the Commercial Code
第十九条(商法の一部改正に伴う経過措置)
With regard to a statutory lien on a claim arising from an employment relationship under Article 295, paragraph (1) of the Commercial Code prior to the amendment by the provisions of the preceding Article (hereinafter referred to as the "Former Commercial Code") that arose before the Effective Date, the provisions then in force continue to govern.
施行日前に生じた前条の規定による改正前の商法(以下「旧商法」という。)第二百九十五条第一項の雇用関係に基づいて生じた債権に係る先取特権については、なお従前の例による。
With regard to the mortgage redemption under the provisions of Article 378 of the former Civil Code as applied mutatis mutandis in Article 848, paragraph (3) of the Former Commercial Code and the auction for increased value prescribed in Article 384 of the former Civil Code as applied mutatis mutandis in that paragraph, concerning the ship that is the subject matter of that mortgage, in the case where the written notice under Article 383 of the former Civil Code as applied mutatis mutandis in Article 848, paragraph (3) of the Former Commercial Code reached all of the obligees prescribed in Article 383 of the former Civil Code before the Effective Date, the provisions then in force continue to govern, notwithstanding the provisions of the Civil Code after the amendment by the provisions of Article 1, the Civil Enforcement Act after the amendment by the provisions of Article 3, and the Commercial Code after the amendment by the provisions of the preceding Article.
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)
Former Commercial Codemachine translation
「旧商法」
This Act as it stood before Act No. 134 of 2003 amended it.
Short name set inSupplementary Provisions, Article 19, paragraph (1)
statutory lien
先取特権
A right the law itself gives certain creditors to be paid out of the debtor's property ahead of other creditors (Civil Code, Article 303). Some reach all of the debtor's property, such as a claim arising from employment (Article 306, item (ii)); others reach particular property only, such as a landlord's claim for rent and other debts under a lease of land or a building, which reaches, for land, the movables furnished to it or to a building used with it, the movables used on it and the crops or other fruits of it the tenant holds, and for a building, the movables the tenant has furnished it with (Articles 311 to 313). The Act on Land and Building Leases gives a landowner one over the tenant's building on the land for the last two years' rent that has fallen due (Article 12, paragraph (1)), which keeps its effect by the registration of the superficies or the land lease (Article 12, paragraph (2)).
Written by AI using Civil Code, Arts. 303, 306, 311, 312, 313 and Act on Land and Building Leases, Art. 12 as a reference.