Supplementary Provisions, Article 2Transitional Measures concerning Mutual Aid Benefits, etc.
第二条（共済金等に係る経過措置）
The provisions then in force continue to govern the calculation of the amount of mutual aid benefits relating to a mutual aid contract for which a ground set out in the items of Article 9, paragraph (1) of the Small Enterprise Mutual Relief Projects Act before amendment by this Act (hereinafter referred to as the "Former Act") (including where it applies with terms replaced pursuant to Article 5, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Small Enterprise Mutual Relief Projects Act and the Small and Medium Enterprise Corporation Act (Act No. 44 of 1995), before amendment by the provisions of Article 7 of the Supplementary Provisions) arose before the enforcement of this Act.
共済契約のうちこの法律の施行前にこの法律による改正前の小規模企業共済法（以下「旧法」という。）第九条第一項各号（附則第七条の規定による改正前の小規模企業共済法及び中小企業事業団法の一部を改正する法律（平成七年法律第四十四号）附則第五条第一項の規定により読み替えて適用される場合を含む。）に掲げる事由が生じたものに係る共済金の額の算定については、なお従前の例による。
Where the mutual aid benefits referred to in the preceding paragraph are paid by the installment payment method, the provisions then in force continue to govern the calculation of the installment mutual aid benefit under Article 9-3 of the Former Act and the present value amount under Article 9-4 of the Former Act, only where the request for that installment payment was made before the enforcement of this Act.
The provisions then in force continue to govern the calculation of the amount of the cancellation refund relating to a mutual aid contract that was cancelled before the enforcement of this Act pursuant to Article 7, paragraph (2) or (3) of the Former Act, and one that was deemed to have been cancelled pursuant to paragraph (4) of that Article.
共済契約のうちこの法律の施行前に旧法第七条第二項又は第三項の規定により解除されたもの及び同条第四項の規定により解除されたものとみなされたものに係る解約手当金の額の算定については、なお従前の例による。
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
installment mutual aid benefitmachine translation
「分割共済金」
The amount of a mutual aid benefit (共済金) paid in each payment month (支給期月) when it is paid in installments: the benefit, or the part of it chosen to be paid in installments, multiplied by a rate a Cabinet Order (政令) sets for the length of the installment period.
Short name set inArticle 9-3, paragraph (5)
present value amountmachine translation
「現価相当額」
Where a mutual aid benefit (共済金) is being paid in installments and the mutual aid policyholder (共済契約者) dies, or meets with a severe disability or other special circumstance a Ministry of Economy, Trade and Industry Order (経済産業省令) sets and asks for it, the present value of each installment (分割共済金) whose payment month (支給期月) has not yet come, the total of which is paid in one lump sum.
Short name set inArticle 9-4, paragraph (1)
the Former Actmachine translation
「旧法」
This Act as it stood before Act No. 88 of 2003 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
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.