In the event of an unperformed obligation to pay an installment pursuant to a contract under which designated goods or designated rights are sold or a contract under which designated services are provided in a way that involves an installment sale (or to make the payment, in respect of a contract under which designated goods or designated rights are sold or designated services are provided in a way that involves an installment sale as prescribed in Article 2, paragraph (1), item (ii); the same applies below in this paragraph), the installment seller may not cancel the contract or demand the payment of installments that are not yet due on the grounds of a delay in the payment of an installment, unless it makes a written demand for this to be paid within a reasonable period of not less than twenty days, and the obligation is not performed within that period.
Any special provisions of a contract that run counter to the preceding paragraph are void.
前項の規定に反する特約は、無効とする。
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installment sale
「割賦販売」
Selling designated goods or rights (指定商品, 指定権利), or providing designated services (指定役務), either on terms that the price is received over two months or more in three or more payments (including out of deposits the buyer makes with a bank the seller names), or to a user given a card or similar means (カード等) on terms that the user pays, at set intervals, an amount worked out by a set method from the total bought.
Defined inArticle 2, paragraph (1)· applies throughout the law
designated good
「指定商品」
Goods suited to being sold on standard terms that a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (5)· applies throughout the law
designated service
「指定役務」
Except in Article 2, paragraph (6), Articles 35-3-61 and 35-3-62, and Articles 41 and 41-2, services provided for payment in transactions of people's everyday lives that a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (5)
designated right
「指定権利」
A right to use facilities or to receive services, sold in transactions of people's everyday lives, that a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (5)
installment seller
「割賦販売業者」
A person whose business is installment sales (割賦販売).
Short name set inArticle 3, paragraph (1)
installmentmachine translation
「賦払金」
Each payment of the price due under an installment sale (割賦販売).
Defined inArticle 4, paragraph (1), item (ii)
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.
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.