第三十五条の三の十二（通常必要とされる分量を著しく超える商品の販売契約等に係る個別信用購入あつせん関係受領契約の申込みの撤回等）
In a case stated in the items of Article 35-3-10, paragraph (1), the person specified in that item (referred to below as the "offeror, etc." in this Article) may withdraw the offer for a contract providing the receipt of monies subject to the intermediation of individual credit purchases which is connected with a contract for sales involving the intermediation of individual credit purchases or a contract for services involving the intermediation of individual credit purchases as stated in that item which constitutes a contract as stated in the items of Article 9-2, paragraph (1) or in the items of Article 24-2, paragraph (1),of the Act on Specified Commercial Transactions (referred to below as a "specified contract" in this Article), or may cancel a contract providing the receipt of monies subject to the intermediation of individual credit purchases that is connected with a specified contract (referred to below as the "offer, etc." being "withdrawn" in this Article, when the offeror, etc. withdraws such an offer or cancels such a contract); provided, however, that this does not apply if there are special circumstances that make it necessary for the offeror, etc. to conclude that specified contract.
第三十五条の三の十第一項各号に掲げる場合において、当該各号に定める者（以下この条において「申込者等」という。）は、当該各号の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であつて特定商取引に関する法律第九条の二第一項各号又は第二十四条の二第一項各号に掲げる契約に該当するもの（以下この条において「特定契約」という。）に係る個別信用購入あつせん関係受領契約の申込みの撤回又は特定契約に係る個別信用購入あつせん関係受領契約の解除（以下この条において「申込みの撤回等」という。）を行うことができる。ただし、申込者等に当該特定契約の締結を必要とする特別の事情があつたときは、この限りでない。
The right under the provisions of the preceding paragraph must be exercised within one year from the conclusion of the contract providing the receipt of monies subject to the intermediation of individual credit purchases.
前項の規定による権利は、当該個別信用購入あつせん関係受領契約の締結の時から一年以内に行使しなければならない。
If an offer, etc. is withdrawn, it is not permissible for the individual credit purchase intermediary to claim damages or to demand the payment of a penalty for breach of contract in connection with the offer, etc. being withdrawn.
申込みの撤回等があつた場合においては、個別信用購入あつせん業者は、当該申込みの撤回等に伴う損害賠償又は違約金の支払を請求することができない。
In the event that an offer, etc. is withdrawn, even if the individual credit purchase intermediary has already delivered an amount of money that corresponds to the full or partial cost of goods or rights or consideration for services to the seller affiliated with the intermediation of individual credit purchases or the service provider affiliated with the intermediation of individual credit purchases, it is not permissible for it to demand that the offeror, etc. pay the amount of money that corresponds to the full or partial cost of goods or rights or consideration for services which it has delivered to the seller affiliated with the intermediation of individual credit purchases or the service provider affiliated with the intermediation of individual credit purchases, nor is it permissible for the intermediary to demand that the offeror, etc. pay an amount of money that corresponds to the profit that it would have earned through the intermediation of the individual credit purchases; provided, however, that this does not apply if the offer for the specified contract is withdrawn or the specified contract is cancelled pursuant to the provisions of Article 9, paragraph (1), Article 9-2, paragraph (1), Article 24, paragraph (1), or Article 24-2, paragraph (1) of the Act on Specified Commercial Transactions, before the offer, etc. is withdrawn.
個別信用購入あつせん業者は、申込みの撤回等があつた場合には、既に商品若しくは権利の代金又は役務の対価の全部又は一部に相当する金額の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への交付をしたときにおいても、申込者等に対し、当該個別信用購入あつせん関係販売業者又は当該個別信用購入あつせん関係役務提供事業者に対して交付をした当該商品若しくは権利の代金又は役務の対価の全部又は一部に相当する金額その他当該個別信用購入あつせんにより得られた利益に相当する金銭の支払を請求することができない。ただし、申込みの撤回等があつた時前に特定商取引に関する法律第九条第一項、第九条の二第一項、第二十四条第一項又は第二十四条の二第一項の規定により当該特定契約の申込みが撤回され、又は当該特定契約が解除された場合は、この限りでない。
If an offer, etc. is withdrawn, and the seller affiliated with the intermediation of individual credit purchases or the service provider affiliated with the intermediation of individual credit purchases has already received an amount of money that corresponds to the full or partial cost of goods or rights or consideration for services from the individual credit purchase intermediary, it must return the amount of money that corresponds to the full or partial cost of goods or rights or consideration for services which it has received to the individual credit purchase intermediary; provided, however, that this does not apply if the offer for the specified contract is withdrawn or the specified contract is cancelled pursuant to the provisions of Article 9, paragraph (1) , Article 9-2, paragraph (1), Article 24, paragraph (1), or Article 24-2, paragraph (1) of the Act on Specified Commercial Transactions, before the offer, etc. is withdrawn.
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は、申込みの撤回等があつた場合において、個別信用購入あつせん業者から既に商品若しくは権利の代金又は役務の対価の全部又は一部に相当する金額の交付を受けたときは、当該個別信用購入あつせん業者に対し、当該交付を受けた商品若しくは権利の代金又は役務の対価の全部又は一部に相当する金額を返還しなければならない。ただし、申込みの撤回等があつた時前に特定商取引に関する法律第九条第一項、第九条の二第一項、第二十四条第一項又は第二十四条の二第一項の規定により当該特定契約の申込みが撤回され、又は当該特定契約が解除された場合は、この限りでない。
If an offer, etc. is withdrawn, and the individual credit purchase intermediary has already received money under the contract providing the receipt of monies subject to the intermediation of individual credit purchases from the offeror, etc., it must return the money to the offeror, etc. immediately.
個別信用購入あつせん業者は、申込みの撤回等があつた場合において、申込者等から当該個別信用購入あつせん関係受領契約に関連して金銭を受領しているときは、当該申込者等に対し、速やかに、これを返還しなければならない。
Concerning application of the provisions of Article 9, paragraph (6) of the Act on Specified Commercial Transactions (including as applied mutatis mutandis pursuant to Article 9-2, paragraph (3) of that Act) and Article 24, paragraph (6) of the Act on Specified Commercial Transactions (including as applied mutatis mutandis pursuant to Article 24-2, paragraph (3) of that Act) if the offer for a specified contract is withdrawn or a specified contract is cancelled pursuant to the provisions of Article 9, paragraph (1), Article 9-2, paragraph (1), Article 24, paragraph (1), or Article 24-2, paragraph (1) of that Act after an offer, etc. is withdrawn, the term "money" in Article 9, paragraph (6) and Article 24, paragraph (6) of that Act is deemed to be replaced with "money (excluding the money delivered by an individual credit purchase intermediary prescribed in Article 35-3-2, paragraph (1) of the Installment Sales Act)".
申込みの撤回等があつた時以後、特定商取引に関する法律第九条第一項、第九条の二第一項、第二十四条第一項又は第二十四条の二第一項の規定により当該特定契約の申込みが撤回され又は当該特定契約が解除された場合においては、同法第九条第六項（同法第九条の二第三項において準用する場合を含む。）及び第二十四条第六項（同法第二十四条の二第三項において準用する場合を含む。）の規定の適用については、同法第九条第六項及び第二十四条第六項中「金銭」とあるのは、「金銭（割賦販売法第三十五条の三の二第一項に規定する個別信用購入あつせん業者から交付されたものを除く。）」とする。
Any special provisions of a contract that run counter to the provisions of one of paragraphs (1) through (4) or paragraph (6) and that are disadvantageous to the offeror, etc., are void.
第一項から第四項まで及び第六項の規定に反する特約であつて申込者等に不利なものは、無効とする。
第三十五条の三の十三（個別信用購入あつせん関係受領契約の申込み又はその承諾の意思表示の取消し）
If the seller affiliated with the intermediation of individual credit purchases or the service provider affiliated with the intermediation of individual credit purchases conveys false information concerning one of the following facts while the purchaser or service recipient is being solicited to conclude a contract providing the receipt of monies subject to the intermediation of individual credit purchases in connection with a contract for sales involving the intermediation of individual credit purchases or a contract for services involving the intermediation of individual credit purchases arising from door-to-door sales, or while the purchaser or service recipient is being solicited to conclude a contract providing the receipt of monies subject to the intermediation of individual credit purchases in connection with a contract for sales involving the intermediation of individual credit purchases or a contract for services involving the intermediation of individual credit purchases arising from telemarketing sales, thereby leading the purchaser or service recipient to mistakenly believe that the false information conveyed is true; or if the seller or service provider willfully fails to disclose a fact connected with a matter stated in one of items (i) through (v) while the purchaser or service recipient is being solicited to conclude the contract, thereby leading the purchaser or service recipient to mistakenly believe that fact not to exist; and if it is with the mistaken belief that the purchaser or service recipient manifests the intention to offer such a contract or to accept an offer for such a contract, the purchaser or service recipient may disaffirm the intention so manifested:
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業者又は個別信用購入あつせん関係役務提供事業者が訪問販売に係る個別信用購入あつせん関係販売契約若しくは個別信用購入あつせん関係役務提供契約に係る個別信用購入あつせん関係受領契約又は電話勧誘販売に係る個別信用購入あつせん関係販売契約若しくは個別信用購入あつせん関係役務提供契約に係る個別信用購入あつせん関係受領契約の締結について勧誘をするに際し、次に掲げる事項につき不実のことを告げる行為をしたことにより当該告げられた内容が事実であるとの誤認をし、又は第一号から第五号までに掲げる事項につき故意に事実を告げない行為をしたことにより当該事実が存在しないとの誤認をし、これらによつて当該契約の申込み又はその承諾の意思表示をしたときは、これを取り消すことができる。
the total amount payable by the purchaser or service recipient;
購入者又は役務の提供を受ける者の支払総額
the amount to be paid on each occasion against the full or partial cost of goods or rights or consideration for services that the intermediation of individual credit purchases is for, and the timing and method of its payment;
個別信用購入あつせんに係る各回ごとの商品若しくは権利の代金又は役務の対価の全部又は一部の支払分の額並びにその支払の時期及び方法
material information that may affect the judgment of the purchaser or service recipient involving the type, performance, or quality of the goods, or the type or details of the rights or services, and the other similar information specified by order of the competent ministry which is referred to in Article 6, paragraph (1), item (i) or Article 21, paragraph (1), item (i) of the Act on Specified Commercial Transactions;
商品の種類及びその性能若しくは品質又は権利若しくは役務の種類及びこれらの内容その他これらに類するものとして特定商取引に関する法律第六条第一項第一号又は第二十一条第一項第一号に規定する主務省令で定める事項のうち、購入者又は役務の提供を受ける者の判断に影響を及ぼすこととなる重要なもの
the timing for the delivery of the goods, the timing for the transfer of the rights, or the timing for the provision of the services;
商品の引渡時期若しくは権利の移転時期又は役務の提供時期
matters about withdrawing the offer for the contract providing the receipt of monies subject to the intermediation of individual credit purchases, the contract for sales involving the intermediation of individual credit purchases, or the contract for services involving the intermediation of individual credit purchases, or about canceling the contract providing the receipt of monies subject to the intermediation of individual credit purchases, the contract for sales involving the intermediation of individual credit purchases, or the contract for services involving the intermediation of individual credit purchases (including matters in respect of the provisions of Article 35-3-10, paragraphs (1) through (3), paragraphs (5) through (7), and paragraphs (9) through (14)); and
個別信用購入あつせん関係受領契約若しくは個別信用購入あつせん関係販売契約若しくは個別信用購入あつせん関係役務提供契約の申込みの撤回又は個別信用購入あつせん関係受領契約若しくは個別信用購入あつせん関係販売契約若しくは個別信用購入あつせん関係役務提供契約の解除に関する事項（第三十五条の三の十第一項から第三項まで、第五項から第七項まで及び第九項から第十四項までの規定に関する事項を含む。）
important matters relevant to the contract providing the receipt of monies subject to the intermediation of individual credit purchases, the contract for sales involving the intermediation of individual credit purchases, or the contract for services involving the intermediation of individual credit purchases which may affect the judgment of the purchaser or service recipient, beyond what is stated in the preceding items.
前各号に掲げるもののほか、当該個別信用購入あつせん関係受領契約又は当該個別信用購入あつせん関係販売契約若しくは当該個別信用購入あつせん関係役務提供契約に関する事項であつて、購入者又は役務の提供を受ける者の判断に影響を及ぼすこととなる重要なもの
If a purchaser or service recipient disaffirms a manifested intention to offer, or to accept an offer for, a contract providing the receipt of monies subject to the intermediation of individual credit purchases in connection with a contract for sales involving the intermediation of individual credit purchases or a contract for services involving the intermediation of individual credit purchases pursuant to the preceding paragraph, and the contract for sales involving the intermediation of the individual credit purchases or the contract for services involving the intermediation of the individual credit purchases is voided ab initio due to its rescission or on other grounds, it is not permitted for the individual credit purchase intermediary to demand that the purchaser or service recipient pay an amount of money that corresponds to the full or partial cost of the goods or designated rights or consideration for services which the intermediary has delivered to the seller affiliated with the intermediation of individual credit purchases or the service provider affiliated with the intermediation of individual credit purchases.
購入者又は役務の提供を受ける者が前項の規定により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個別信用購入あつせん関係受領契約の申込み又はその承諾の意思表示を取り消し、かつ、当該個別信用購入あつせん関係販売契約又は当該個別信用購入あつせん関係役務提供契約が取消しその他の事由により初めから無効である場合には、当該個別信用購入あつせん業者は、当該購入者又は当該役務の提供を受ける者に対し、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交付をした商品若しくは指定権利の代金又は役務の対価の全部又は一部に相当する金額の支払を請求することができない。
In the case referred to in the preceding paragraph, the seller affiliated with the intermediation of individual credit purchases or the service provider affiliated with the intermediation of individual credit purchases must return the amount of money that corresponds to the full or partial cost of goods or designated rights or consideration for services that it has been delivered to the individual credit purchase intermediary.
前項の場合において、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は、個別信用購入あつせん業者に対し、当該交付を受けた商品若しくは指定権利の代金又は役務の対価の全部又は一部に相当する金額を返還しなければならない。
In the case referred to in paragraph (2), if the purchaser or service recipient has paid money to the individual credit purchase intermediary in relation to the contract providing the receipt of monies subject to the intermediation of individual credit purchases, the purchaser or service recipient may demand to be reimbursed that money.
第二項の場合において、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受領契約に関連して個別信用購入あつせん業者に対して金銭を支払つているときは、その返還を請求することができる。
The disaffirmation of a manifested intention to offer, or to accept an offer for, a contract providing the receipt of monies subject to the intermediation of individual credit purchases as under the provisions of paragraph (1) may not be asserted against a third party acting in good faith and without negligence.
第一項の規定による個別信用購入あつせん関係受領契約の申込み又はその承諾の意思表示の取消しは、これをもつて善意でかつ過失がない第三者に対抗することができない。
The provisions of paragraph (1) must not be construed to prevent the application of the provisions of Article 96 of the Civil Code (Act No. 89 of 1896) to a manifested intention to offer, or to accept an offer for, a contract providing the receipt of monies subject to the intermediation of individual credit purchases as prescribed in that paragraph.
第一項の規定は、同項に規定する個別信用購入あつせん関係受領契約の申込み又はその承諾の意思表示に対する民法（明治二十九年法律第八十九号）第九十六条の規定の適用を妨げるものと解してはならない。
The right to disaffirm under the provisions of paragraph (1) is extinguished by prescription if not exercised within a year from the time when it becomes possible to ratify the contract. The same applies if five years have passed since the conclusion of the contract providing the receipt of monies subject to the intermediation of individual credit purchases.
第一項の規定による取消権は、追認をすることができる時から一年間行わないときは、時効によつて消滅する。当該個別信用購入あつせん関係受領契約の締結の時から五年を経過したときも、同様とする。
intermediation of individual credit purchase
「個別信用購入あつせん」
Without using a card or similar means (カード等), paying a particular seller or service provider all or part of the price of goods, designated rights (指定権利) or services it sells or provides to a purchaser, and collecting that amount from the purchaser by set dates — except where it is all collected by a set date within two months of the purchase contract.
Defined inArticle 2, paragraph (4)· applies throughout the law
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)
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 providing the receipt of monies subject to the intermediation of individual credit purchasesmachine translation
「個別信用購入あつせん関係受領契約」
A contract under which an individual credit purchase intermediary (個別信用購入あつせん業者) is to receive from the purchaser or service recipient an amount equal to the price of goods or designated rights (指定権利) bought, or services received, through the intermediation of individual credit purchases — the purchaser's credit contract with the intermediary.
Short name set inArticle 35-3-3, paragraph (1)
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)
door-to-door sales
「訪問販売」
A sale of goods (商品) or specified rights (特定権利), or provision of services, by a seller or service provider under a contract offered or made away from its business office or similar place (営業所等), or made at such a place with a specified customer (特定顧客) who was stopped elsewhere and brought there or drawn in by another method a Cabinet Order (政令) specifies.
Short name set inArticle 35-3-5, paragraph (1), item (i)
telemarketing sales
「電話勧誘販売」
A sale of goods (商品) or specified rights (特定権利), or provision of services, in which a seller or service provider solicits the customer during a phone call it made, or had the customer make by a method a Cabinet Order (政令) specifies, and then receives the offer or makes the contract by post or similar means (郵便等).
Short name set inArticle 35-3-5, paragraph (1), item (ii)
specified contractmachine translation
「特定契約」
In Article 35-3-12, a sales or service contract involving the intermediation of individual credit purchases, made in a case listed in Article 35-3-10, paragraph (1), that is one of the contracts listed in Article 9-2, paragraph (1) or Article 24-2, paragraph (1) of the Act on Specified Commercial Transactions.
Short name set inArticle 35-3-12, paragraph (1)· applies only in this article
withdrawal of the offer, etc.
「申込みの撤回等」
Withdrawing an offer to enter into, or cancelling, a contract providing the receipt of monies subject to the intermediation of individual credit purchases (個別信用購入あつせん関係受領契約) — the credit contract tied to the sale or service contract the provision concerns.
Short name set inArticle 35-3-12, paragraph (1)· applies only in this article
offeror, etc.
「申込者等」
In Article 35-3-12, the person who made an offer for, or the other party to, a sales or service contract involving the intermediation of individual credit purchases in a case Article 35-3-10, paragraph (1) lists, who may withdraw the offer for, or cancel, the credit contract tied to it where that sales or service contract is a specified contract (特定契約).
Short name set inArticle 35-3-12, paragraph (1)· applies only in this article
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.
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.
manifestation of intention
意思表示
A person's expression of an intention to which the law gives a legal effect, such as an offer to conclude a contract, which shows its terms and forms the contract once the other party accepts it (Civil Code, Article 522, paragraph (1)), the acceptance itself (Article 527), or the notice to the other party by which a party rescinds (取消し) an act or cancels (解除) a contract (Articles 123 and 540, paragraph (1)). One made to another person takes effect when notice of it reaches that person, or when it would normally have reached them if they blocked it without good reason (Article 97, paragraphs (1) and (2)), and does not lose its effect because the person who made it dies, loses mental capacity (意思能力) or comes under legal limits on what they can do alone after sending the notice (Article 97, paragraph (3)); where the person making it cannot find out who the other party is or where they are, it can be made by public notice (Article 98, paragraph (1)). It is not void just because the person making it knew it was not their true intention, unless the other party knew or could have known that (Article 93, paragraph (1)); a false one made in collusion with the other party is void (Article 94, paragraph (1)); and neither voidness can be asserted against a third party who did not know of it (善意) (Articles 93, paragraph (2), and 94, paragraph (2)). One based on a mistake that is material in light of the purpose of the juridical act (法律行為) and accepted views in dealings may be rescinded — one based on a mistaken view of the circumstances behind the act only if it had been shown that the act was based on them, and as a rule not where the mistake came from the gross negligence of the person who made it (Article 95, paragraphs (1) to (3)) — and so may one made under fraud or duress, though one induced by a third party's fraud only if the other party knew of the fraud or could have known of it (Article 96, paragraphs (1) and (2)); a rescission for mistake or fraud cannot be relied on against a third party who did not know and was not careless in not knowing (Article 95, paragraph (4), and Article 96, paragraph (3)). One that an agent makes within the agent's authority, showing that it is made for the principal, takes effect directly for the principal (Article 99, paragraph (1)). The Consumer Contract Act lets a consumer rescind an offer or acceptance of a consumer contract made because the business, when soliciting it, told them something untrue about an important matter and they believed it, among other grounds (Consumer Contract Act, Article 4, paragraph (1), item (i)), and the Act on Specified Commercial Transactions does the same where, in a door-to-door sale, the seller or service provider told them something untrue about such matters as the goods or the price (Article 6, paragraph (1), and Article 9-3, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 93, 94, 95, 96, 97, 98, 99, 123, 522, 527, 540, Consumer Contract Act, Art. 4 and Act on Specified Commercial Transactions, Arts. 6, 9-3 as a reference.
rescission
取消し
Undoing a legal act, such as an offer or acceptance of a contract (意思表示, a manifestation of intention), that the law says may be rescinded: for example one made through an important mistake, though a mistake about the circumstances behind the act only if it had been made clear that they were its basis, and as a rule not where the person was grossly careless (Civil Code, Article 95), or one made under fraud or duress, though fraud by a third party only if the other party knew of it or could have known (Article 96), or one a minor made without the consent of their legal representative (Article 5, paragraph (2)). Once rescinded, the act is treated as void from the start (Article 121). Only the person who made it, their representative or successor, or someone whose consent it needed may rescind it (Article 120). The right is lost if not used within five years from when the act could be confirmed — once the mistake, fraud or other cause has ended and the person knows they can rescind (Article 124) — or twenty years from the act (Article 126). It is lost sooner if the person confirms the act, and once it could be confirmed, performing it or demanding performance without reserving objections counts as confirming it (Articles 122 and 125). The Consumer Contract Act adds grounds of its own, such as a business telling the consumer something untrue about an important matter when soliciting the contract, where the consumer believed it and made the contract because of it (Article 4, paragraph (1), item (i)), and gives most of them a shorter time: one year from when the act could be confirmed, and five years from the contract (Article 7, paragraph (1)).
Written by AI using Civil Code, Arts. 5, 95, 96, 120, 121, 122, 124, 125, 126 and Consumer Contract Act, Arts. 4, 7 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.