Article 35-3-19Affirmative Defense Against an Individual Credit Purchase Intermediary
第三十五条の三の十九（個別信用購入あつせん業者に対する抗弁）
If a purchaser or service recipient receives a demand to pay the amount to be paid as referred to in Article 35-3-8, item (iii) pursuant to a contract for sales involving the intermediation of individual credit purchases or a contract for services involving the intermediation of individual credit purchases, the purchaser or service recipient may assert an affirmative defense against the individual credit purchase intermediary demanding the payment, based on grounds that have arisen against the seller affiliated with the intermediation of individual credit purchases or the service provider affiliated with the intermediation of individual credit purchases under that contract.
購入者又は役務の提供を受ける者は、個別信用購入あつせん関係販売契約又は個別信用購入あつせん関係役務提供契約に係る第三十五条の三の八第三号の支払分の支払の請求を受けたときは、当該契約に係る個別信用購入あつせん関係販売業者又は個別信用購入あつせん関係役務提供事業者に対して生じている事由をもつて、当該支払の請求をする個別信用購入あつせん業者に対抗することができる。
Any special provisions of a contract that run counter to the provisions of the preceding paragraph and that are disadvantageous to the purchaser or service recipient are void.
前項の規定に反する特約であつて購入者又は役務の提供を受ける者に不利なものは、無効とする。
If a purchaser or service recipient that asserts an affirmative defense against an individual credit purchase intermediary under the provisions of paragraph (1), is requested by the individual credit purchase intermediary to submit a document stating the details of the grounds referred to in that paragraph in connection with that assertion, the purchaser or service recipient must endeavor to submit that document.
第一項の規定による対抗をする購入者又は役務の提供を受ける者は、その対抗を受けた個別信用購入あつせん業者からその対抗に係る同項の事由の内容を記載した書面の提出を求められたときは、その書面を提出するよう努めなければならない。
The provisions of the preceding three paragraphs do not apply to the payment of an amount to be paid as referred to in paragraph (1) that represents a payment toward the total amount payable which is less than the amount specified by Cabinet Order.
Read this with the articles around it
individual credit purchase intermediarymachine translation
「個別信用購入あつせん業者」
A person whose business is the intermediation of individual credit purchases (個別信用購入あつせん).
Short name set inArticle 35-3-2, paragraph (1)
service provider affiliated with the intermediation of individual credit purchasesmachine translation
「個別信用購入あつせん関係役務提供事業者」
A service provider that has made a contract for the intermediation of individual credit purchases (個別信用購入あつせん) with an individual credit purchase intermediary (個別信用購入あつせん業者).
Short name set inArticle 35-3-2, paragraph (1)
seller affiliated with the intermediation of individual credit purchasesmachine translation
「個別信用購入あつせん関係販売業者」
A seller that has made a contract for the intermediation of individual credit purchases (個別信用購入あつせん) with an individual credit purchase intermediary (個別信用購入あつせん業者).
Short name set inArticle 35-3-2, paragraph (1)
total amount payablemachine translation
「支払総額」
In Section 2 of Chapter III, the total a purchaser or service recipient pays: the price of the goods, rights or services when sold or provided through the intermediation of individual credit purchases (個別信用購入あつせん), plus the fee for that intermediation.
Defined inArticle 35-3-2, paragraph (1), item (ii)· applies only in this section
contract for services involving the intermediation of individual credit purchasesmachine translation
「個別信用購入あつせん関係役務提供契約」
A contract to provide services that are paid for through the intermediation of individual credit purchases (個別信用購入あつせん).
Short name set inArticle 35-3-5, paragraph (1)
contract for sales involving the intermediation of individual credit purchasesmachine translation
「個別信用購入あつせん関係販売契約」
A contract to sell goods or designated rights (指定権利) that are paid for through the intermediation of individual credit purchases (個別信用購入あつせん).
Short name set inArticle 35-3-5, paragraph (1)
assert against
対抗
To be able to rely on a right, or on a fact about it, against someone who is not a party to it. Acquiring, losing or changing a right in rem (物権) in land or a building cannot be asserted against third parties until it is registered (登記) (Civil Code, Article 177), and a registered lease of land or a building can be asserted against a person who acquires a right in rem in it, such as a buyer, and against other third parties (Article 605). The Act on Land and Building Leases lets a tenant do without registering the lease itself: a right to use land for a building (借地権) can be asserted against third parties once the tenant owns a registered building on the land (Article 10, paragraph (1)), and a building lease takes effect against anyone who later acquires a right in rem in the building, such as a new owner, once the building has been handed over (Article 31). Some rules protect only a third party who did not know: a rescission for fraud cannot be asserted against a third party who did not know of the fraud and was not careless in not knowing (善意でかつ過失がない) (Civil Code, Article 96, paragraph (3)).
Written by AI using Civil Code, Arts. 96, 177, 605 and Act on Land and Building Leases, Arts. 10, 31 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.