Supplementary Provisions, Article 5Transitional Measures Accompanying the Partial Amendment of the Installment Sales Act
第五条(割賦販売法の一部改正に伴う経過措置)
The provisions of Article 4 of the New Installment Sales Act apply to a contract concluded after this Act comes into effect under which, by the method of installment sale prescribed in Article 2, paragraph (1) of the New Installment Sales Act, designated goods prescribed in paragraph (5) of that Article (hereinafter referred to as "new designated goods") or designated rights prescribed in that paragraph (hereinafter referred to as "new designated rights") are sold, or designated services prescribed in that paragraph (hereinafter referred to as "new designated services") are provided; and the provisions then in force continue to govern a contract concluded before this Act comes into effect under which, by the method of installment sale prescribed in Article 2, paragraph (1) of the Installment Sales Act prior to the amendment by the provisions of Article 3 (hereinafter referred to as the "Former Installment Sales Act"), designated goods prescribed in Article 2, paragraph (4) of the Former Installment Sales Act (hereinafter referred to as "former designated goods") or designated rights prescribed in that paragraph (hereinafter referred to as "former designated rights") are sold, or designated services prescribed in that paragraph (hereinafter referred to as "former designated services") are provided.
新割賦販売法第四条の規定は、この法律の施行後に締結した契約で、新割賦販売法第二条第一項に規定する割賦販売の方法により同条第五項に規定する指定商品(以下「新指定商品」という。)若しくは同項に規定する指定権利(以下「新指定権利」という。)を販売し、又は同項に規定する指定役務(以下「新指定役務」という。)を提供するものについて適用し、この法律の施行前に締結した契約で、第三条の規定による改正前の割賦販売法(以下「旧割賦販売法」という。)第二条第一項に規定する割賦販売の方法により同条第四項に規定する指定商品(以下「旧指定商品」という。)若しくは同項に規定する指定権利(以下「旧指定権利」という。)を販売し、又は同項に規定する指定役務(以下「旧指定役務」という。)を提供するものについては、なお従前の例による。
The provisions then in force continue to govern the delivery of documents prescribed in Articles 4-3, 29-3-2 and 30-2-2 of the Former Installment Sales Act with regard to an offer received before this Act comes into effect by an installment seller prescribed in Article 3, paragraph (1) of the Former Installment Sales Act (hereinafter referred to as an "installment seller"), a loan-affiliated installment seller prescribed in Article 29-2, paragraph (1) of the Former Installment Sales Act (hereinafter referred to as a "loan-affiliated installment seller"), or a seller affiliated with the intermediation of installment purchases or a service provider affiliated with the intermediation of installment purchases prescribed in Article 30, paragraph (2) of the Former Installment Sales Act (hereinafter referred to as a "seller, etc. affiliated with the intermediation of installment purchases"), which relates to a contract to sell former designated goods or former designated rights or a contract to provide former designated services by the method of installment sale prescribed in Article 2, paragraph (1) of the Former Installment Sales Act, the method of loan-affiliated installment sale prescribed in paragraph (2) of that Article, or the method of sale or provision pertaining to the intermediation of installment purchases prescribed in paragraph (3) of that Article (hereinafter referred to as the "method of installment sales, etc.").
この法律の施行前に旧割賦販売法第三条第一項に規定する割賦販売業者(以下「割賦販売業者」という。)、旧割賦販売法第二十九条の二第一項に規定するローン提携販売業者(以下「ローン提携販売業者」という。)又は旧割賦販売法第三十条第二項に規定する割賦購入あっせん関係販売業者若しくは割賦購入あっせん関係役務提供事業者(以下「割賦購入あっせん関係販売業者等」という。)が受けた申込みで、旧割賦販売法第二条第一項に規定する割賦販売の方法、同条第二項に規定するローン提携販売の方法又は同条第三項に規定する割賦購入あっせんに係る販売若しくは提供の方法(以下「割賦販売等の方法」という。)により旧指定商品若しくは旧指定権利を販売する契約又は旧指定役務を提供する契約に係るものについての旧割賦販売法第四条の三、第二十九条の三の二及び第三十条の二の二に規定する書面の交付については、なお従前の例による。
The provisions then in force continue to govern the withdrawal of the offer, etc. for a contract prescribed in Article 4-4 of the Former Installment Sales Act, the withdrawal of the offer, etc. for a contract prescribed in Article 29-3-3 of the Former Installment Sales Act and the withdrawal of the offer, etc. for a contract prescribed in Article 30-2-3 of the Former Installment Sales Act, with regard to an offer received before this Act comes into effect by an installment seller, a loan-affiliated installment seller or a seller, etc. affiliated with the intermediation of installment purchases which relates to a contract to sell former designated goods or former designated rights or a contract to provide former designated services by the method of installment sales, etc., to the contract concerned in the case where a contract relating to that offer is concluded after this Act comes into effect, or to a contract concluded before this Act comes into effect under which former designated goods or former designated rights are sold or former designated services are provided by the method of installment sales, etc.
この法律の施行前に割賦販売業者、ローン提携販売業者又は割賦購入あっせん関係販売業者等が受けた申込みで、割賦販売等の方法により旧指定商品若しくは旧指定権利を販売する契約若しくは旧指定役務を提供する契約に係るもの若しくはこの法律の施行後当該申込みに係る契約が締結された場合における当該契約又はこの法律の施行前に締結された契約で、割賦販売等の方法により旧指定商品若しくは旧指定権利を販売するもの若しくは旧指定役務を提供するものについての、旧割賦販売法第四条の四に規定する契約の申込みの撤回等、旧割賦販売法第二十九条の三の三に規定する契約の申込みの撤回等及び旧割賦販売法第三十条の二の三に規定する契約の申込みの撤回等については、なお従前の例による。
The provisions of Article 5 of the New Installment Sales Act apply to a contract concluded after this Act comes into effect under which, by the method of installment sale prescribed in Article 2, paragraph (1) of the New Installment Sales Act, new designated goods or new designated rights are sold, or new designated services are provided; and the provisions then in force continue to govern a contract concluded before this Act comes into effect under which, by the method of installment sale prescribed in Article 2, paragraph (1) of the Former Installment Sales Act, former designated goods or former designated rights are sold, or former designated services are provided.
The provisions of Article 6 of the New Installment Sales Act apply to a contract concluded after this Act comes into effect under which, by the method of installment sale prescribed in Article 2, paragraph (1), item (i) of the New Installment Sales Act, new designated goods or new designated rights are sold, or new designated services are provided; and the provisions then in force continue to govern a contract concluded before this Act comes into effect under which, by the method of installment sale prescribed in Article 2, paragraph (1), item (i) of the Former Installment Sales Act, former designated goods or former designated rights are sold, or former designated services are provided.
The provisions of Article 29-3 of the New Installment Sales Act apply to a contract concluded after this Act comes into effect under which, by the method of loan-affiliated installment sale prescribed in Article 2, paragraph (2) of the New Installment Sales Act, new designated goods or new designated rights are sold, or new designated services are provided; and the provisions then in force continue to govern a contract concluded before this Act comes into effect under which, by the method of loan-affiliated installment sale prescribed in Article 2, paragraph (2) of the Former Installment Sales Act, former designated goods or former designated rights are sold, or former designated services are provided.
新割賦販売法第二十九条の三の規定は、この法律の施行後に締結した契約で、新割賦販売法第二条第二項に規定するローン提携販売の方法により新指定商品若しくは新指定権利を販売し、又は新指定役務を提供するものについて適用し、この法律の施行前に締結した契約で、旧割賦販売法第二条第二項に規定するローン提携販売の方法により旧指定商品若しくは旧指定権利を販売し、又は旧指定役務を提供するものについては、なお従前の例による。
The provisions of Article 30-4 or Article 30-5 of the New Installment Sales Act as applied mutatis mutandis pursuant to Article 29-4 of the New Installment Sales Act apply to amortized repayments or payment money concerning new designated goods or new designated rights that a purchaser or service recipient has concluded a contract to purchase, or new designated services that a purchaser or service recipient has concluded a contract to receive, after this Act comes into effect and by the method of loan-affiliated installment sale prescribed in Article 2, paragraph (2) of the New Installment Sales Act; and the provisions then in force continue to govern amortized repayments or payment money concerning former designated goods or former designated rights that a purchaser or service recipient has concluded a contract to purchase, or former designated services that a purchaser or service recipient has concluded a contract to receive, before this Act comes into effect and by the method of loan-affiliated installment sale prescribed in Article 2, paragraph (2) of the Former Installment Sales Act.
新割賦販売法第二十九条の四において準用する新割賦販売法第三十条の四又は第三十条の五の規定は、この法律の施行後に購入者又は役務の提供を受ける者が新割賦販売法第二条第二項に規定するローン提携販売の方法により購入する契約を締結した新指定商品若しくは新指定権利又は受領する契約を締結した新指定役務に係る分割返済金又は弁済金について適用し、この法律の施行前に購入者又は役務の提供を受ける者が旧割賦販売法第二条第二項に規定するローン提携販売の方法により購入する契約を締結した旧指定商品若しくは旧指定権利又は受領する契約を締結した旧指定役務に係る分割返済金又は弁済金については、なお従前の例による。
The provisions of Article 30-2-3, paragraphs (1) and (2) of the New Installment Sales Act apply to a contract for the receipt of monies subject to the intermediation of comprehensive credit purchases prescribed in paragraph (1) of that Article (hereinafter referred to as a "contract for the receipt of monies subject to the intermediation of comprehensive credit purchases") that is concluded after this Act comes into effect; and the provisions then in force continue to govern a contract concluded before this Act comes into effect which relates to former designated goods or former designated rights purchased, or former designated services received, by the method of purchase or receipt pertaining to the intermediation of installment purchases prescribed in Article 2, paragraph (3), item (i) or (iii) of the Former Installment Sales Act.
The provisions of Article 30-2-3, paragraph (3) of the New Installment Sales Act apply to such payment money, among the payment money pertaining to the intermediation of comprehensive credit purchases prescribed in Article 2, paragraph (3), item (ii) of the New Installment Sales Act, the time for payment of which arrives after this Act comes into effect; and the provisions then in force continue to govern such payment money, among the payment money pertaining to the intermediation of installment purchases prescribed in Article 2, paragraph (3), item (iii) of the Former Installment Sales Act, the time for payment of which arrives before this Act comes into effect.
新割賦販売法第三十条の二の三第三項の規定は、新割賦販売法第二条第三項第二号に規定する包括信用購入あっせんに係る弁済金のうちそれを支払うべき時期がこの法律の施行後に到来するものについて適用し、旧割賦販売法第二条第三項第三号に規定する割賦購入あっせんに係る弁済金のうちそれを支払うべき時期がこの法律の施行前に到来するものについては、なお従前の例による。
The provisions of Article 30-2-3, paragraph (4) or Article 35-3-8 of the New Installment Sales Act apply to a contract to sell goods or designated rights by the method of sale pertaining to the intermediation of comprehensive credit purchases prescribed in Article 2, paragraph (3) of the New Installment Sales Act or a contract to provide services by the method of provision pertaining to the intermediation of comprehensive credit purchases prescribed in that paragraph, or to a sales contract involving the intermediation of individual credit purchases prescribed in Article 35-3-5, paragraph (1) of the New Installment Sales Act (hereinafter referred to as a "sales contract involving the intermediation of individual credit purchases") or a service contract involving the intermediation of individual credit purchases prescribed in that paragraph (hereinafter referred to as a "service contract involving the intermediation of individual credit purchases"), that is concluded after this Act comes into effect; and the provisions then in force continue to govern a contract concluded before this Act comes into effect under which, by the method of sale or provision pertaining to the intermediation of installment purchases prescribed in Article 2, paragraph (3) of the Former Installment Sales Act, former designated goods or former designated rights are sold, or former designated services are provided.
新割賦販売法第三十条の二の三第四項又は第三十五条の三の八の規定は、この法律の施行後に締結した新割賦販売法第二条第三項に規定する包括信用購入あっせんに係る販売の方法により商品若しくは指定権利を販売する契約若しくは同項に規定する包括信用購入あっせんに係る提供の方法により役務を提供する契約又は新割賦販売法第三十五条の三の五第一項に規定する個別信用購入あっせん関係販売契約(以下「個別信用購入あっせん関係販売契約」という。)若しくは同項に規定する個別信用購入あっせん関係役務提供契約(以下「個別信用購入あっせん関係役務提供契約」という。)について適用し、この法律の施行前に締結した契約で、旧割賦販売法第二条第三項に規定する割賦購入あっせんに係る販売又は提供の方法により旧指定商品若しくは旧指定権利を販売し、又は旧指定役務を提供するものについては、なお従前の例による。
The provisions of Article 30-2-4 or Article 35-3-17 of the New Installment Sales Act apply to a contract for the receipt of monies subject to the intermediation of comprehensive credit purchases or a contract for the receipt of monies subject to the intermediation of individual credit purchases prescribed in Article 35-3-3, paragraph (1) of the New Installment Sales Act (hereinafter referred to as a "contract for the receipt of monies subject to the intermediation of individual credit purchases"), that is concluded after this Act comes into effect; and the provisions then in force continue to govern a contract concluded before this Act comes into effect which relates to the receipt of an amount equivalent to the price of former designated goods or former designated rights purchased, or to the consideration for former designated services received, by the method of purchase or receipt pertaining to the intermediation of installment purchases prescribed in Article 2, paragraph (3) of the Former Installment Sales Act.
新割賦販売法第三十条の二の四又は第三十五条の三の十七の規定は、この法律の施行後に締結した包括信用購入あっせん関係受領契約又は新割賦販売法第三十五条の三の三第一項に規定する個別信用購入あっせん関係受領契約(以下「個別信用購入あっせん関係受領契約」という。)について適用し、この法律の施行前に締結した契約で、旧割賦販売法第二条第三項に規定する割賦購入あっせんに係る購入又は受領の方法により購入された旧指定商品若しくは旧指定権利の代金又は受領される旧指定役務の対価に相当する額の受領に係るものについては、なお従前の例による。
The provisions of Article 30-3 or Article 35-3-18 of the New Installment Sales Act apply to a contract for the receipt of monies subject to the intermediation of comprehensive credit purchases that pertains to the intermediation of comprehensive credit purchases prescribed in Article 2, paragraph (3), item (i) of the New Installment Sales Act, or a contract for the receipt of monies subject to the intermediation of individual credit purchases, that is concluded after this Act comes into effect; and the provisions then in force continue to govern a contract concluded before this Act comes into effect which relates to the receipt of an amount equivalent to the price of former designated goods or former designated rights purchased, or to the consideration for former designated services received, by the method of purchase or receipt pertaining to the intermediation of installment purchases prescribed in Article 2, paragraph (3), item (i) or (ii) of the Former Installment Sales Act.
新割賦販売法第三十条の三又は第三十五条の三の十八の規定は、この法律の施行後に締結した包括信用購入あっせん関係受領契約であって新割賦販売法第二条第三項第一号に規定する包括信用購入あっせんに係るもの又は個別信用購入あっせん関係受領契約について適用し、この法律の施行前に締結した契約で、旧割賦販売法第二条第三項第一号又は第二号に規定する割賦購入あっせんに係る購入又は受領の方法により購入された旧指定商品若しくは旧指定権利の代金又は受領される旧指定役務の対価に相当する額の受領に係るものについては、なお従前の例による。
The provisions of Article 30-4, Article 30-5 or Article 35-3-19 of the New Installment Sales Act apply to amounts to be paid or payment money concerning goods or new designated rights that a purchaser or service recipient has concluded a contract to purchase, or services that a purchaser or service recipient has concluded a contract to receive, after this Act comes into effect and by the method of purchase or receipt pertaining to the intermediation of comprehensive credit purchases prescribed in Article 2, paragraph (3) of the New Installment Sales Act or to the intermediation of individual credit purchases prescribed in paragraph (4) of that Article (hereinafter referred to as the "intermediation of individual credit purchases"); and the provisions then in force continue to govern amounts to be paid or payment money concerning former designated goods or former designated rights that a purchaser or service recipient has concluded a contract to purchase, or former designated services that a purchaser or service recipient has concluded a contract to receive, before this Act comes into effect and by the method of purchase or receipt pertaining to the intermediation of installment purchases prescribed in Article 2, paragraph (3) of the Former Installment Sales Act.
新割賦販売法第三十条の四、第三十条の五又は第三十五条の三の十九の規定は、この法律の施行後に購入者又は役務の提供を受ける者が新割賦販売法第二条第三項に規定する包括信用購入あっせん又は同条第四項に規定する個別信用購入あっせん(以下「個別信用購入あっせん」という。)に係る購入又は受領の方法により購入する契約を締結した商品若しくは新指定権利又は受領する契約を締結した役務に係る支払分又は弁済金について適用し、この法律の施行前に購入者又は役務の提供を受ける者が旧割賦販売法第二条第三項に規定する割賦購入あっせんに係る購入又は受領の方法により購入する契約を締結した旧指定商品若しくは旧指定権利又は受領する契約を締結した旧指定役務に係る支払分又は弁済金については、なお従前の例による。
A person that is actually registered under Article 31 of the Former Installment Sales Act at the time this Act comes into effect (hereinafter referred to as an "existing registered comprehensive credit purchase intermediary") must, within six months from the day on which this Act comes into effect, submit to the Minister of Economy, Trade and Industry an application, accompanied by the documents specified by Order of the Ministry of Economy, Trade and Industry referred to in Article 32, paragraph (2) of the New Installment Sales Act, stating the matters stated in paragraph (1), item (iv) of that Article.
この法律の施行の際現に旧割賦販売法第三十一条の登録を受けている者(以下「既存登録包括信用購入あっせん業者」という。)は、この法律の施行の日から起算して六月以内に、新割賦販売法第三十二条第二項の経済産業省令で定める書類を添付して、同条第一項第四号に掲げる事項を記載した申請書を経済産業大臣に提出しなければならない。
An application under the preceding paragraph is deemed to be an application for registration of change under Article 33-3, paragraph (1) of the New Installment Sales Act, and the provisions of paragraph (2) of that Article apply to it. In this case, the phrase "Article 15, paragraphs (2) and (3), Article 32, paragraph (2), Article 33 and" in that paragraph is deemed to be replaced with "Article 15, paragraph (3), Article 33 and", and the phrase "apply mutatis mutandis to an application for registration of change under the preceding paragraph" with "apply mutatis mutandis to an application for registration of change under the preceding paragraph. In this case, the phrase 'one of the following items' in paragraph (1) of that Article is deemed to be replaced with 'one of items (vi) through (x)'".
When the Minister of Economy, Trade and Industry intends to effect the registration referred to in Article 33, paragraph (1) of the New Installment Sales Act as applied mutatis mutandis pursuant to Article 33-3, paragraph (2) of the New Installment Sales Act as applied following the deemed replacement of terms under the preceding paragraph, the minister is to hear the opinion of the Director-General of the National Police Agency as to the existence of circumstances that fall under Article 33-2, paragraph (1), item (vi), (e), item (vii) or item (viii) of the New Installment Sales Act.
経済産業大臣は、前項において読み替えて適用する新割賦販売法第三十三条の三第二項において準用する新割賦販売法第三十三条第一項の登録をしようとするときは、新割賦販売法第三十三条の二第一項第六号ホ、第七号又は第八号に該当する事由の有無について、警察庁長官の意見を聴くものとする。
A person that has violated the provisions of paragraph (14) is deemed to have violated the provisions of Article 33-3, paragraph (1) of the New Installment Sales Act, and the provisions of Article 34-2, paragraph (2) of the New Installment Sales Act apply.
第十四項の規定に違反した者は、新割賦販売法第三十三条の三第一項の規定に違反したものとみなして、新割賦販売法第三十四条の二第二項の規定を適用する。
The representative, agent, employee or other worker of an existing registered comprehensive credit purchase intermediary that has failed to submit an application in violation of paragraph (14) is subject to punishment by a fine of not more than 300,000 yen.
第十四項の規定に違反して申請書を提出しなかった既存登録包括信用購入あっせん業者の代表者、代理人、使用人その他の従業者は、三十万円以下の罰金に処する。
If the representative, agent, employee or other worker of a corporation commits the violation referred to in the preceding paragraph in connection with the business of that corporation, in addition to the offender being subject to punishment, the corporation is subject to the punishment referred to in that paragraph.
A person that has been sentenced to a fine for violating the provisions of paragraph (14) is deemed to have been sentenced to a fine for violating the provisions of the New Installment Sales Act.
The provisions of Article 35-3-9, paragraph (1) of the New Installment Sales Act do not apply to an offer received before this Act comes into effect by a person equivalent to an intermediary for individual credit purchases prescribed in Article 35-3-2 of the New Installment Sales Act (hereinafter referred to as an "intermediary for individual credit purchases") which relates to a contract equivalent to a contract for the receipt of monies subject to the intermediation of individual credit purchases connected with a contract equivalent to a sales contract involving the intermediation of individual credit purchases or a service contract involving the intermediation of individual credit purchases stated in one of the items of Article 35-3-9, paragraph (1) of the New Installment Sales Act.
新割賦販売法第三十五条の三の九第一項の規定は、この法律の施行前に新割賦販売法第三十五条の三の二に規定する個別信用購入あっせん業者(以下「個別信用購入あっせん業者」という。)に相当する者が受けた申込みで、新割賦販売法第三十五条の三の九第一項各号に掲げる個別信用購入あっせん関係販売契約又は個別信用購入あっせん関係役務提供契約に相当する契約に係る個別信用購入あっせん関係受領契約に相当する契約に係るものについては、適用しない。
The provisions of Article 35-3-9, paragraph (3) of the New Installment Sales Act do not apply to a contract concluded before this Act comes into effect which is equivalent to a contract for the receipt of monies subject to the intermediation of individual credit purchases connected with a contract equivalent to a sales contract involving the intermediation of individual credit purchases or a service contract involving the intermediation of individual credit purchases stated in one of the items of that paragraph.
新割賦販売法第三十五条の三の九第三項の規定は、この法律の施行前に締結した契約で、同項各号に掲げる個別信用購入あっせん関係販売契約又は個別信用購入あっせん関係役務提供契約に相当する契約に係る個別信用購入あっせん関係受領契約に相当するものについては、適用しない。
The provisions of Article 35-3-10 or Article 35-3-11 of the New Installment Sales Act do not apply to an offer received before this Act comes into effect by a person equivalent to an intermediary for individual credit purchases which relates to a contract equivalent to a contract for the receipt of monies subject to the intermediation of individual credit purchases connected with a contract equivalent either to a specified personal multilevel marketing contract, etc. prescribed in Article 35-3-9, paragraph (1), item (iv) of the New Installment Sales Act that constitutes a sales contract involving the intermediation of individual credit purchases or a service contract involving the intermediation of individual credit purchases, or to a sales contract involving the intermediation of individual credit purchases or a service contract involving the intermediation of individual credit purchases referred to in the items of Article 35-3-10, paragraph (1) of the New Installment Sales Act (hereinafter in this paragraph referred to as a "specified contract for sales, etc. involving the intermediation of individual credit purchases"), to the contract concerned in the case where a contract relating to that offer is concluded after this Act comes into effect, or to a contract concluded before this Act comes into effect which is equivalent to a contract for the receipt of monies subject to the intermediation of individual credit purchases connected with a contract equivalent to a specified contract for sales, etc. involving the intermediation of individual credit purchases. The same applies, in the case where, before this Act comes into effect, a person equivalent to a seller affiliated with the intermediation of individual credit purchases prescribed in Article 35-3-2, paragraph (1) of the New Installment Sales Act or a service provider affiliated with the intermediation of individual credit purchases prescribed in that paragraph received an offer for a contract equivalent to a specified contract for sales, etc. involving the intermediation of individual credit purchases, or where a contract relating to that offer is concluded after this Act comes into effect, or where, before this Act comes into effect, a contract equivalent to a specified contract for sales, etc. involving the intermediation of individual credit purchases was concluded, to an offer received after this Act comes into effect by an intermediary for individual credit purchases which relates to a contract for the receipt of monies subject to the intermediation of individual credit purchases connected with that contract equivalent to a specified contract for sales, etc. involving the intermediation of individual credit purchases, or to a contract for the receipt of monies subject to the intermediation of individual credit purchases concluded after this Act comes into effect which is connected with that contract equivalent to a specified contract for sales, etc. involving the intermediation of individual credit purchases.
新割賦販売法第三十五条の三の十又は第三十五条の三の十一の規定は、この法律の施行前に個別信用購入あっせん業者に相当する者が受けた申込みで、新割賦販売法第三十五条の三の九第一項第四号に規定する特定連鎖販売個人契約等であって個別信用購入あっせん関係販売契約若しくは個別信用購入あっせん関係役務提供契約に該当するもの若しくは新割賦販売法第三十五条の三の十第一項各号の個別信用購入あっせん関係販売契約若しくは個別信用購入あっせん関係役務提供契約(以下この項において「特定個別信用購入あっせん関係販売契約等」という。)に相当する契約に係る個別信用購入あっせん関係受領契約に相当する契約に係るもの若しくはこの法律の施行後当該申込みに係る契約が締結された場合における当該契約又はこの法律の施行前に締結された契約で、特定個別信用購入あっせん関係販売契約等に相当する契約に係る個別信用購入あっせん関係受領契約に相当するものについては、適用しない。この法律の施行前に新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っせん関係販売業者若しくは同項に規定する個別信用購入あっせん関係役務提供事業者に相当する者が特定個別信用購入あっせん関係販売契約等に相当する契約の申込みを受けた場合若しくはこの法律の施行後当該申込みに係る契約が締結された場合又はこの法律の施行前に特定個別信用購入あっせん関係販売契約等に相当する契約が締結された場合におけるこの法律の施行後に個別信用購入あっせん業者が受けた申込みで、当該特定個別信用購入あっせん関係販売契約等に相当する契約に係る個別信用購入あっせん関係受領契約に係るもの又はこの法律の施行後に締結された当該特定個別信用購入あっせん関係販売契約等に相当する契約に係る個別信用購入あっせん関係受領契約についても、同様とする。
The provisions of Article 35-3-12 of the New Installment Sales Act do not apply to an offer received before this Act comes into effect by a person equivalent to an intermediary for individual credit purchases which relates to a contract equivalent to a contract for the receipt of monies subject to the intermediation of individual credit purchases connected with a contract equivalent to a sales contract involving the intermediation of individual credit purchases or a service contract involving the intermediation of individual credit purchases referred to in Article 35-3-10, paragraph (1), item (i), (ii), (iv) or (v) of the New Installment Sales Act, or to the contract concerned in the case where a contract relating to that offer is concluded after this Act comes into effect, or to a contract concluded before this Act comes into effect which is equivalent to a contract for the receipt of monies subject to the intermediation of individual credit purchases connected with a contract equivalent to a sales contract involving the intermediation of individual credit purchases or a service contract involving the intermediation of individual credit purchases referred to in those items.
新割賦販売法第三十五条の三の十二の規定は、この法律の施行前に個別信用購入あっせん業者に相当する者が受けた申込みで、新割賦販売法第三十五条の三の十第一項第一号、第二号、第四号若しくは第五号の個別信用購入あっせん関係販売契約若しくは個別信用購入あっせん関係役務提供契約に相当する契約に係る個別信用購入あっせん関係受領契約に相当する契約に係るもの若しくはこの法律の施行後当該申込みに係る契約が締結された場合における当該契約又はこの法律の施行前に締結された契約で、当該各号の個別信用購入あっせん関係販売契約若しくは個別信用購入あっせん関係役務提供契約に相当する契約に係る個別信用購入あっせん関係受領契約に相当するものについては、適用しない。
The provisions of Articles 35-3-13 through 35-3-16 of the New Installment Sales Act do not apply to a manifested intention, made before this Act comes into effect, to offer, or to accept an offer for, a contract equivalent to a contract for the receipt of monies subject to the intermediation of individual credit purchases connected with a contract equivalent to a sales contract involving the intermediation of individual credit purchases or a service contract involving the intermediation of individual credit purchases referred to in Article 35-3-13, paragraph (1), Article 35-3-14, paragraph (1), Article 35-3-15, paragraph (1) or Article 35-3-16, paragraph (1) of the New Installment Sales Act.
新割賦販売法第三十五条の三の十三から第三十五条の三の十六までの規定は、この法律の施行前にした申込み又は承諾の意思表示で、新割賦販売法第三十五条の三の十三第一項、第三十五条の三の十四第一項、第三十五条の三の十五第一項又は第三十五条の三の十六第一項の個別信用購入あっせん関係販売契約又は個別信用購入あっせん関係役務提供契約に相当する契約に係る個別信用購入あっせん関係受領契約に相当する契約に係るものについては、適用しない。
The provisions of Article 35-3-23 of the New Installment Sales Act do not apply to a person that, at the time this Act comes into effect, is actually engaged in the intermediation of individual credit purchases in the course of trade, only in a case that falls under one of the following:
新割賦販売法第三十五条の三の二十三の規定は、この法律の施行の際現に個別信用購入あっせんを業として営んでいる者については、次に掲げる場合に該当する場合に限り、適用しない。
the case where the person carries on its business for six months from the day on which this Act comes into effect (including, where the person has submitted the application referred to in Article 35-3-24, paragraph (1) of the New Installment Sales Act within that period, the period until the disposition of registration or refusal to effect registration is made on that application);
この法律の施行の日から六月間(その期間内に新割賦販売法第三十五条の三の二十四第一項の申請書を提出した場合には、その申請につき登録又は登録の拒否の処分があるまでの間を含む。)その営業をする場合
the case where, after the period stated in the preceding item passes, the person carries on its business within the scope of the purpose of completing the contracts relating to the intermediation of individual credit purchases to which a seller affiliated with the intermediation of individual credit purchases or a service provider affiliated with the intermediation of individual credit purchases is the other party, and the contracts for the receipt of monies subject to the intermediation of individual credit purchases, that it has concluded by the last day of that period.
前号の期間が経過した後において、その期間の末日までに締結した個別信用購入あっせん関係販売業者又は個別信用購入あっせん関係役務提供事業者を相手方とする個別信用購入あっせんに係る契約及び個別信用購入あっせん関係受領契約を結了する目的の範囲内でその営業をする場合
The authority of the Minister of Economy, Trade and Industry under the provisions of paragraphs (14) through (17) is to be exercised by the Director-General of the Bureau of Economy, Trade and Industry with jurisdiction over the location of the principal business office of the existing registered comprehensive credit purchase intermediary; provided, however, that this does not preclude the Minister of Economy, Trade and Industry from exercising that authority personally.
経済産業大臣の権限であって第十四項から第十七項までの規定に基づくものは、既存登録包括信用購入あっせん業者の主たる営業所の所在地を管轄する経済産業局長が行うものとする。ただし、経済産業大臣が自らその権限を行うことを妨げない。
The provisions of Article 35-3-49 and Article 35-19, paragraphs (2) and (3) of the New Installment Sales Act do not apply, for six months after this Act comes into effect, to a person that, at the time this Act comes into effect, is actually using in its name or trade name a term which could give rise to the misconception that it is a designated credit bureau, a certified installment sales association or a member of a certified installment sales association.
この法律の施行の際現にその名称又は商号中に、指定信用情報機関、認定割賦販売協会又は認定割賦販売協会会員であると誤認されるおそれのある文字を用いている者については、新割賦販売法第三十五条の三の四十九並びに第三十五条の十九第二項及び第三項の規定は、この法律の施行後六月間は、適用しない。
The competent minister specified in Article 46, item (iv) of the New Installment Sales Act or the competent minister specified in Article 46, item (v) of the New Installment Sales Act may, even before the day on which this Act comes into effect, seek an advisory consultation with the Consumer Economic Affairs Council or, pursuant to the provisions of Cabinet Order, with the Consumer Economic Affairs Council and the Consumer Commission, for the purpose of drafting the enactment of the Cabinet Order prescribed in Article 35-3-26, paragraph (1), item (ii) or Article 40, paragraph (9) (limited to the part concerning the specification of closely related persons) of the New Installment Sales Act or the Cabinet Order prescribed in Article 35-3-19, paragraph (4) of the New Installment Sales Act.
新割賦販売法第四十六条第四号に定める主務大臣又は新割賦販売法第四十六条第五号に定める主務大臣は、この法律の施行の日前においても新割賦販売法第三十五条の三の二十六第一項第二号若しくは第四十条第九項(密接関係者の定めに係るものに限る。)に規定する政令又は新割賦販売法第三十五条の三の十九第四項に規定する政令の制定の立案のために消費経済審議会に、又は政令で定めるところにより、消費経済審議会及び消費者委員会に諮問することができる。
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
loan-affiliated installment sale
「ローン提携販売」
Selling designated goods or rights (指定商品, 指定権利), or providing designated services (指定役務), to a user who has been given a card or similar means (カード等) and borrows the price, with the seller guaranteeing the user's loan (or having a professional guarantor do so), where the loan is repaid over two months or more in three or more installments, or in amounts worked out at set intervals from the total borrowed.
Defined inArticle 2, paragraph (2)· 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)
amortized repayments
「分割返済金」
Each installment of repayment, including interest, of the money borrowed in a loan-affiliated installment sale (ローン提携販売).
Defined inArticle 29-3, paragraph (1), item (ii)
designated credit bureau
「指定信用情報機関」
A body the Minister of Economy, Trade and Industry has designated under Article 35-3-36, paragraph (1) to collect specified credit information (特定信用情報) and provide it to comprehensive and individual credit purchase intermediaries.
Short name set inArticle 30-2, paragraph (3)
specified personal multilevel marketing contract, etc.
「特定連鎖販売個人契約等」
A specified personal multilevel marketing contract (特定連鎖販売個人契約), a specified continuous service contract, etc. (特定継続的役務提供等契約) or a personal business opportunity sales contract (業務提供誘引販売個人契約).
Short name set inArticle 35-3-9, paragraph (1), item (iv)
certified installment sales association
「認定割賦販売協会」
A general incorporated association (一般社団法人) set up by installment sellers and the other businesses Article 35-18, paragraph (1) names and certified by the Minister of Economy, Trade and Industry, which makes rules for fair dealing and the proper management of credit card numbers, checks and guides its members' compliance, and handles complaints from users.
Short name set inArticle 35-18, paragraph (2)
New Installment Sales Actmachine translation
「新割賦販売法」
In Articles 2 and 5 of the supplementary provisions (附則) of Act No. 74 of 2008, the Installment Sales Act as amended by Article 3 of that Act.
Short name set inSupplementary Provisions, Article 2, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 2, paragraph (2); and Supplementary Provisions, Article 5
new designated goodmachine translation
「新指定商品」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, designated goods (指定商品) as defined in Article 2, paragraph (5) of the Installment Sales Act as amended by that Act.
Short name set inSupplementary Provisions, Article 5, paragraph (1)
new designated servicemachine translation
「新指定役務」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, designated services (指定役務) as defined in Article 2, paragraph (5) of the Installment Sales Act as amended by that Act.
Short name set inSupplementary Provisions, Article 5, paragraph (1)
new designated rightmachine translation
「新指定権利」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, designated rights (指定権利) as defined in Article 2, paragraph (5) of the Installment Sales Act as amended by that Act.
Short name set inSupplementary Provisions, Article 5, paragraph (1)
Former Installment Sales Actmachine translation
「旧割賦販売法」
This Act as it stood before Article 3 of Act No. 74 of 2008 amended it.
Short name set inSupplementary Provisions, Article 5, paragraph (1)
former designated goodmachine translation
「旧指定商品」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, designated goods (指定商品) as defined in Article 2, paragraph (4) of the Installment Sales Act as it stood before that Act amended it.
Short name set inSupplementary Provisions, Article 5, paragraph (1)
former designated servicemachine translation
「旧指定役務」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, designated services (指定役務) as defined in Article 2, paragraph (4) of the Installment Sales Act as it stood before that Act amended it.
Short name set inSupplementary Provisions, Article 5, paragraph (1)
former designated rightmachine translation
「旧指定権利」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, designated rights (指定権利) as defined in Article 2, paragraph (4) of the Installment Sales Act as it stood before that Act amended it.
Short name set inSupplementary Provisions, Article 5, paragraph (1)
loan-affiliated installment seller
「ローン提携販売業者」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, a loan-affiliated installment seller as defined in Article 29-2, paragraph (1) of the Installment Sales Act as it stood before that Act amended it.
Short name set inSupplementary Provisions, Article 5, paragraph (2)
installment seller
「割賦販売業者」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, an installment seller as defined in Article 3, paragraph (1) of the Installment Sales Act as it stood before that Act amended it.
Short name set inSupplementary Provisions, Article 5, paragraph (2)
method of installment sales, etc.machine translation
「割賦販売等の方法」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, the method of installment sales (割賦販売), of loan-affiliated installment sales (ローン提携販売), or of sales or services involving the intermediation of installment purchases (割賦購入あっせん), as defined in Article 2, paragraphs (1) to (3) of the Installment Sales Act as it stood before that Act amended it.
Short name set inSupplementary Provisions, Article 5, paragraph (2)
seller, etc. affiliated with the intermediation of installment purchasesmachine translation
「割賦購入あっせん関係販売業者等」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, a seller or a service provider affiliated with the intermediation of installment purchases (割賦購入あっせん) as defined in Article 30, paragraph (2) of the Installment Sales Act as it stood before that Act amended it.
Short name set inSupplementary Provisions, Article 5, paragraph (2)
contract for the receipt of monies subject to the intermediation of comprehensive credit purchasesmachine translation
「包括信用購入あっせん関係受領契約」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, a contract providing the receipt of monies subject to the intermediation of comprehensive credit purchases as defined in Article 30-2-3, paragraph (1) of the Installment Sales Act as amended by that Act.
Short name set inSupplementary Provisions, Article 5, paragraph (8)
service contract involving the intermediation of individual credit purchasesmachine translation
「個別信用購入あっせん関係役務提供契約」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, a contract for services involving the intermediation of individual credit purchases as defined in Article 35-3-5, paragraph (1) of the Installment Sales Act as amended by that Act.
Short name set inSupplementary Provisions, Article 5, paragraph (10)
sales contract involving the intermediation of individual credit purchasesmachine translation
「個別信用購入あっせん関係販売契約」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, a contract for sales involving the intermediation of individual credit purchases as defined in Article 35-3-5, paragraph (1) of the Installment Sales Act as amended by that Act.
Short name set inSupplementary Provisions, Article 5, paragraph (10)
contract for the receipt of monies subject to the intermediation of individual credit purchasesmachine translation
「個別信用購入あっせん関係受領契約」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, a contract providing the receipt of monies subject to the intermediation of individual credit purchases as defined in Article 35-3-3, paragraph (1) of the Installment Sales Act as amended by that Act.
Short name set inSupplementary Provisions, Article 5, paragraph (11)
intermediation of individual credit purchasesmachine translation
「個別信用購入あっせん」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, the intermediation of individual credit purchases as defined in Article 2, paragraph (4) of the Installment Sales Act as amended by that Act.
Short name set inSupplementary Provisions, Article 5, paragraph (13)
existing registered comprehensive credit purchase intermediarymachine translation
「既存登録包括信用購入あっせん業者」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, a person who, when that Act came into effect, held the registration under Article 31 of the Installment Sales Act as it stood before that Act amended it.
Short name set inSupplementary Provisions, Article 5, paragraph (14)
intermediary for individual credit purchasesmachine translation
「個別信用購入あっせん業者」
In Article 5 of the supplementary provisions (附則) of Act No. 74 of 2008, an individual credit purchase intermediary as defined in Article 35-3-2 of the Installment Sales Act as amended by that Act.
Short name set inSupplementary Provisions, Article 5, paragraph (21)
specified contract for sales, etc. involving the intermediation of individual credit purchasesmachine translation
「特定個別信用購入あっせん関係販売契約等」
In Article 5, paragraph (23) of the supplementary provisions (附則) of Act No. 74 of 2008, a specified personal multilevel marketing contract, etc. (特定連鎖販売個人契約等) as Article 35-3-9, paragraph (1), item (iv) of the Installment Sales Act as amended by that Act defines it that is a sales or service contract involving the intermediation of individual credit purchases, or a sales or service contract involving that intermediation as referred to in the items of Article 35-3-10, paragraph (1) of that amended Act.
Short name set inSupplementary Provisions, Article 5, paragraph (23)· applies only in this paragraph
Consumer Commission
消費者委員会
A commission placed in the Cabinet Office (内閣府) (Act for Establishment of the Consumer Affairs Agency and the Consumer Commission, Article 6, paragraph (1)), of no more than ten members whom the Prime Minister appoints and who exercise their authority independently (Articles 7, 9, paragraph (1), and 10, paragraph (1)). It investigates and deliberates on important matters — among them the protection and promotion of consumers' interests, the proper regulation of premiums and representations, and prices — on its own initiative, making recommendations to the Prime Minister, the Ministers concerned or the Commissioner of the Consumer Affairs Agency, and when one of them consults it; and it deals with the matters that the Acts Article 6, paragraph (2), item (iv) lists give it (Article 6, paragraph (2), items (i), (ii) and (iv)). Under the Act against Unjustifiable Premiums and Misleading Representations, the Prime Minister must hear its opinion before designating what counts as a premium or a representation, or restricting or banning premiums (Articles 3 and 6); under the Act on Specified Commercial Transactions, the Minister in charge must consult it before drafting certain Cabinet Orders (政令) (Article 64).
Written by AI using Act for Establishment of the Consumer Affairs Agency and the Consumer Commission, Arts. 6, 7, 9, 10, Act against Unjustifiable Premiums and Misleading Representations, Arts. 3, 6 and Act on Specified Commercial Transactions, Art. 64 as a reference.
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 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.