(1) If there is any defect in the subject matter of work performed, the party ordering the work may demand that the contractor repair the defect, specifying a reasonable period; provided, however, that this shall not apply if the defect is not significant and excessive costs would be required for the repair.〔【出典】日本法令外国語訳データベースシステム 〕
(1) If there is any latent defect in any borrowed Thing in a loan for consumption with interest, the lender must replace it with another Thing without defect. In such cases, claims for damages shall not be precluded.〔【出典】日本法令外国語訳データベースシステム 〕
(1) The demand for repair or claim for damages and cancellation of the contract under the preceding three Articles must be made within one year from the time of the delivery of the subject matter of the work.〔【出典】日本法令外国語訳データベースシステム 〕
(1) If any defect in the installation or preservation of any structure on land causes damages to others, the possessor of such structure shall be liable to the victims to compensate for those damages; provided, however, that, if the possessor has used necessary care to prevent the damages arising, the owner must compensate for the damages.〔【出典】日本法令外国語訳データベースシステム 〕
(1) A contractor for a building or other structure on land shall be liable for a warranty against defects in the structure or ground for the period of five years from delivery; provided, however, that the period shall be ten years for structures made of stone, earth, bricks, concrete, steel and other similar structures.〔【出典】日本法令外国語訳データベースシステム 〕
(1) The donor shall not be liable for any defect in or absence of the thing or right that is the subject matter of the gift; provided, however, that this shall not apply if the donor has knowledge of the defect or absence and fails to inform the donee thereof.〔【出典】日本法令外国語訳データベースシステム 〕
(2) In the case where a testamentary gift has as its object unspecified Things, if those goods are defective, a person having an obligation in relation to testamentary gift shall exchange them for Things that are not defective.〔【出典】日本法令外国語訳データベースシステム 〕
2 前の占有者の占有を併せて主張する場合には、その瑕疵をも承継する。
(2) In cases where a person asserts the possession of the predecessor together with his/her own, he/she shall also succeed to defects in the same.〔【出典】日本法令外国語訳データベースシステム 〕
2 前項の規定は、竹木の栽植又は支持に瑕疵がある場合について準用する。
(2) The provisions of the preceding paragraph shall apply mutatis mutandis to cases where there is any defect in the planting or support of bamboos and trees.〔【出典】日本法令外国語訳データベースシステム 〕
(2) If any structure is lost or damaged due to the defects set forth in the preceding paragraph, the party ordering the work must exercise the rights under the provisions of Article 634 within one year from the time of the loss or damage.〔【出典】日本法令外国語訳データベースシステム 〕
(2) The party ordering the work may demand compensation for damages in lieu of, or in addition to, the repair of the defect. In such cases, the provisions of Article 533 shall apply mutatis mutandis.〔【出典】日本法令外国語訳データベースシステム 〕
(2) In a loan for consumption without interest, the borrower may return the value of a borrowed Thing that is defective. In such cases, the provisions of the preceding paragraph shall apply mutatis mutandis if the lender knew of the defect but did not disclose the same to the borrower.〔【出典】日本法令外国語訳データベースシステム 〕
2. An act which may be rescinded on the grounds of fraud or duress may be rescinded only by the person who made such defective manifestation of intention, or his/her agent or successor.〔【出典】日本法令外国語訳データベースシステム 〕
② あらかじめ定められた検査基準を恣意的に厳しくして、発注内容と異なること又は瑕疵があることを理由に、当該商品の受領を拒否すること。
[2] Arbitrarily making a predetermined inspection standard stricter and refusing to receive the goods on the grounds that they differ from what was ordered or that the goods are defective.〔【出典】日本法令外国語訳データベースシステム 〕
② あらかじめ定められた検査基準を恣意的に厳しくして、発注内容と異なる又は瑕疵があることを理由に、納入価格の値引きをさせること。
[2] Arbitrarily making the predetermined inspection standards stricter, and causing the counterparty to give a discount on the supply price on the grounds that the goods differ from those ordered or that the goods are defective.〔【出典】日本法令外国語訳データベースシステム 〕
③ あらかじめ定められた検査基準を恣意的に厳しくして、発注内容と異なること又は瑕疵があることを理由に、やり直しをさせること。
[3] Arbitrarily making the predetermined inspection standards stricter and causing the counterparty to redo an order, on the grounds that the provided goods, etc., differ from what was ordered or that they are defective.〔【出典】日本法令外国語訳データベースシステム 〕
[6] Unilaterally deciding the penalty to be imposed on the counterparty when it has failed to deliver goods by the delivery date or when the goods delivered are defective, without sufficiently discussing the penalty amount and the basis for the calculation of the amount, etc., with the counterparty, and causing the counterparty to pay an amount exceeding the amount equivalent to the profit that would have been gained if the goods had been delivered and sold or if the goods had not been defective.〔【出典】日本法令外国語訳データベースシステム 〕
[9], Returning goods to a counterparty on the grounds that a defect was found long after the standard period of time required for inspection has passed, in spite of the fact that the defect was immediately detectable.〔【出典】日本法令外国語訳データベースシステム 〕
(Note 21) While a "reasonable period of time" should be determined based on the circumstances of each case, if there is a defect that is immediately detectable or if the goods differ from those ordered, the goods need to be returned promptly within the standard period required for inspection after receiving the goods. The same applies to the concept of a "reasonable period of time" in "price reduction" (IV. 3(4)).〔【出典】日本法令外国語訳データベースシステム 〕
However, even if the goods are returned within a reasonable period of time, unlimited returns are not allowed. For example, defective goods or goods that differ from what was ordered may be returned, but returning other goods together with them (other goods that can only be sold together with the returned goods as a set) is not recognized as a return of goods that is "within the scope of a quantity that is found to be reasonable."〔【出典】日本法令外国語訳データベースシステム 〕
(1) Matters concerning the liability in the case the Goods (excluding rights to use a facility or to receive offer of services) have a hidden defect|None of the provisions shall exempt the seller from liability for the defect in the case the Goods (excluding rights to use a facility or to receive offer of services) have a hidden defect.〔【出典】日本法令外国語訳データベースシステム 〕
(1) Matters concerning the liability in the case the goods have a hidden defect|None of the provisions shall exempt the seller from liability for the defect in the case the goods have a hidden defect.〔【出典】日本法令外国語訳データベースシステム 〕
(i) Matters concerning liability in the case the goods have a hidden defect|None of the provisions shall exempt the seller from liability for the defect in the case the goods have a hidden defect.〔【出典】日本法令外国語訳データベースシステム 〕
If there is any defect in the subject matter of work performed and the purpose of the contract cannot be achieved because of the defect, the party ordering the work may cancel the contract; provided, however, that this shall not apply to a building or other structure on land.〔【出典】日本法令外国語訳データベースシステム 〕
The provisions of the preceding two Articles shall not apply if the defect in the subject matter of the work arises due to the nature of the materials supplied by, or instructions given by, the party ordering the work; provided, however, that this shall not apply if the contractor knew that the materials or instructions were inappropriate but did not disclose the same.〔【出典】日本法令外国語訳データベースシステム 〕
受託者は、信託財産に属する財産の占有について、委託者の占有の瑕疵を承継する。
A trustee shall succeed to a settlor's defect in possession of property that belongs to the trust property.〔【出典】日本法令外国語訳データベースシステム 〕
四 専ら国又は公共団体の航路標識又は交通整理のための信号施設の管理の瑕疵により生じたこと。
(iv) Damage was solely caused by a defect in the management of the aids to navigation or the signal facilities for traffic control by the state or a public entity.〔【出典】日本法令外国語訳データベースシステム 〕
If there is any latent defect in the subject matter of a sale, the provisions of Article 566 shall apply mutatis mutandis; provided, however, that this shall not apply in cases of compulsory auction.〔【出典】日本法令外国語訳データベースシステム 〕
The depositor must compensate the depositary for damages that occur due to the nature of or defects in the Thing deposited; provided, however, that this shall not apply if the depositor did not, without negligence, know of such nature or defect, or the depositary knew of the same.〔【出典】日本法令外国語訳データベースシステム 〕
All Products sold under this Agreement shall be guaranteed against defects in materials and workmanship for a period of one year from the date of delivery to Buyer.《契》
(Note 24) Even if a price reduction has been made within a reasonable period of time, unlimited price reductions are not allowed. For example, if goods are defective, the price needs to be reduced within the scope of a fairly evaluated amount according to the degree of the defect, and a price reduction above that amount is not recognized as a price reduction "within the scope of an amount that is found to be reasonable."〔【出典】日本法令外国語訳データベースシステム 〕
Pledges shall secure the principal, interest, penalties, expenses of executing the pledge, expense of preserving the Thing pledged and the compensation of damage arising from failure to perform obligations or latent defects in the Thing pledged; provided, however, that this shall not apply if the act establishing the pledge provides otherwise.〔【出典】日本法令外国語訳データベースシステム 〕