Supplementary Provisions, Article 2Transitional Measures
第二条（経過措置）
With respect to the payment of a cancellation refund or mutual aid benefit relating to a mutual aid contract concluded as provided for in the Small Enterprise Mutual Relief Projects Act before amendment by this Act (hereinafter referred to as the "Former Act") that, before this Act comes into effect, was cancelled pursuant to Article 7, paragraph (2) or (3) of the Former Act or had a cause set out in Article 9, paragraph (1), item (i) or (ii) of the Former Act arise for its mutual aid policyholder, the provisions then in force continue to govern.
A mutual aid contract concluded as provided for in the Former Act that is in effect at the time this Act comes into effect (hereinafter referred to as a "former mutual aid contract") is to become, on the date this Act comes into effect, a type 2 mutual aid contract prescribed in Article 2-4 of the Small Enterprise Mutual Relief Projects Act as amended by this Act (hereinafter referred to as the "New Act").
The mutual aid policyholder of a former mutual aid contract may, by applying within 90 days after this Act comes into effect, change that mutual aid contract to a type 1 mutual aid contract prescribed in Article 2-3 of the New Act. In this case, the change takes effect on the date of the application.
With respect to the application of the first sentence of Article 13, paragraph (1) of the New Act to a mutual aid policyholder of a mutual aid contract prescribed in paragraph (1) for whose mutual aid policyholder a cause set out in Article 9, paragraph (1), item (i) or (ii) of the Former Act has arisen, the phrase "Article 2-4, item (i) or (ii)" in Article 13, paragraph (1) of the New Act is deemed to be replaced with "Article 9, paragraph (1), item (i) or (ii) of the Small Enterprise Mutual Relief Projects Act before amendment by the Act Partially Amending the Small Enterprise Mutual Relief Projects Act (Act No. 91 of 1967)", and the phrase "again a mutual aid contract of the same type as the mutual aid contract relating to that mutual aid benefit" with "a type 2 mutual aid contract".
mutual aid contractmachine translation
「共済契約」
A contract under which a small-scale enterprise (小規模企業者) promises to pay premiums (掛金) to the Organization for Small and Medium Enterprises and Regional Innovation, JAPAN (独立行政法人中小企業基盤整備機構), and the Organization promises to pay a mutual aid benefit (共済金) as the Small Enterprise Mutual Relief Projects Act provides when that person's business is closed or a similar event occurs.
Defined inArticle 2, paragraph (2)· applies throughout the law
mutual aid policyholdermachine translation
「共済契約者」
An individual business operator, or an officer of a company or of a small and medium-sized enterprise organization (中小企業団体), who is a party to a mutual aid contract (共済契約).
Defined inArticle 2, paragraph (3)· applies throughout the law
the Former Actmachine translation
「旧法」
This Act as it stood before Act No. 91 of 1967 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the New Actmachine translation
「新法」
This Act as amended by Act No. 91 of 1967.
Short name set inSupplementary Provisions, Article 2, paragraph (2)
former mutual aid contractmachine translation
「旧共済契約」
In Article 2 of the supplementary provisions (附則) of Act No. 91 of 1967, a mutual aid contract (共済契約) concluded under the Small Enterprise Mutual Relief Projects Act as it stood before that Act amended it and still in force when that Act came into effect, which on that day became a type 2 mutual aid contract (第二種共済契約) under the amended Article 2-4.
Short name set inSupplementary Provisions, Article 2, paragraph (2)
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.