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🧑‍🎨 | A world similar to martial arts and contemporary art: "The theory of competition" and the system that guarantees it


Photo The state of the mixed martial arts "RIZIN FIGHTING WORLD GRAND-PRIX 2016 FINAL ROUND" held in 2016 Source: Wikimedia Commons (Tonusamuel)

A world similar to martial arts and contemporary art: "game theory" and the system that guarantees it

 
If you write the contents roughly
For example, looking at mixed martial arts alone, the UFC, the world's largest promotion, tends to immediately cancel contracts with fighters who cannot win the game, and is more competitive than the domestic promotion RIZIN.
 

A wide variety of martial arts such as boxing, kickboxing, professional wrestling, and Muay Thai.Especially, in recent years, it has been big in Japan ... → Continue reading

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Comprehensive fight

Release

ReleaseIn a broad sense, (kaijo) was effectively concluded between the parties.AgreementEnd the relationship.This cancellation in a broad sense is further subdivided into cancellation (cancellation in a narrow sense), cancellation notice, cancellation conditions, forfeiture agreement, cancellation contract, etc.

Of these, the cancellation in the narrow sense isCivil Code Article 540Of one party as defined belowManifestation of intentionIt means a system that cancels the contract effectively concluded by the contract and restores the debt-credit relationship caused by the contract to the state before the contract was concluded (however, the effect of cancellation is the direct effect theory and the indirect effect theory). There is a difference in the way of thinking).Usually, "cancellation" in the course refers to this narrowly defined cancellation.

Hereinafter, when the term "cancellation" is simply used in this item, it means the cancellation in the narrow sense, and the cancellation in the narrow sense and the system similar to the cancellation are described in this order.

  • Civil lawOnly the number of articles will be described below.

Release in a narrow sense

Cancellation in a narrow sense means that one of the contracting parties has the right to cancel due to the occurrence of a certain reason, and when that person exercises the right to cancel, the contract is retroactively extinguished and both parties to the contract are obliged to restore the original state. It is a system to let you.

The right to be releasedRight to cancelThe cancellation right is generated according to the provisions of the law depending on the cause of the cancellation right.Legal cancellationThe right to cancel is generated depending on the contents of the contractCancellation of contractCan be divided into two types (540 articleSee item 1).

Legal cancellation (legal cancellation right)

Of the cancellations, those for which the basis for the right to cancel is a statutory reasonLegal cancellationThat is.The cancellation right generated by thisLegal cancellation rightCall.

Cancellation due to default

DefaultThe 2017 revised Civil Code stipulates the cancellation by notification and the cancellation by non-notification.[1].

In addition, the reason for the debtor's responsibility, which was a requirement for cancellation under the revised Civil Code of 2017, is no longer necessary, and it cannot be canceled if the creditor has a reason for responsibility (Civil Code Article 543).[2].

Under the old law, cancellation due to inability to perform is not permitted unless there is a reason for the debtor's responsibility (former Article 543), and traditional theory states that cancellation due to failure to perform as well as cancellation in general is the reason for the debtor's responsibility. Was understood as a requirement for cancellation[2][3]..However, cancellation of a contract is different in nature from a system that pursues the responsibility of the other party, such as a claim for damages.[3]..For example, if Buyer A concludes a contract to purchase a computer from Seller B and then a lightning strike occurs at B's factory and a fire breaks out, Buyer A wants to conclude a contract with another company in the same industry in time for delivery, but B is responsible. It was unreasonable to be unable to cancel due to inability to perform[2].. The 2017 revised Civil Code does not require the debtor's cause of liability for the cancellation requirement, while it is unfair to cancel until the creditor has a reason for liability, so if the creditor has a reason for liability Was said to be irrevocable[2].

Cancellation by notification

If one of the parties fails to fulfill its obligations, the other party will notify the performance for a reasonable period of time, and if the other party fails to fulfill the obligation within that period, the other party may cancel the contract (Civil Code). Article 541 text).

An indefinite debt will be fulfilled by the debtor's notification of performance (412 article(3), it is not necessary to make another notification (Judgment of the Supreme Court, June 6, 6).

Provided, however, that this shall not apply if the default of the obligation after the lapse of that period is minor in light of the common wisdom in the contract and transaction (Civil Code Article 541 proviso).There is a case law that can be canceled when the default of ancillary debt has a significant impact on the achievement of the contractual purpose.[4]..The proviso of Article 541 of the Civil Code stipulates in the revised Civil Code of 2017 that, based on judicial precedents, cancellation of notifications cannot be canceled if the default is minor in light of contracts and common wisdom. Is a thing[2].

Cancellation without notification

In the following cases, the creditor may immediately cancel the contract without giving notice (Civil Code, Article 542, Paragraph 1).

  1.  When it is impossible to fulfill all of the obligations.
  2.  When the debtor clearly states his intention to refuse to fulfill all of his debt.
  3.  When a part of the debt cannot be fulfilled or the debtor clearly indicates the intention to refuse to fulfill the part of the debt, and the remaining part alone cannot achieve the purpose of the contract.
  4.  When the debtor does not perform and the time has passed when the purpose of the contract cannot be achieved unless the performance is performed within a specific date and time or a certain period of time due to the nature of the contract or the manifestation of intention of the parties.
  5.  In addition to the cases listed in the preceding items, it is clear that the debtor does not fulfill the obligation, and even if the creditor gives the notice set forth in the preceding article, it is unlikely that the obligation will be fulfilled sufficiently to achieve the purpose of the contract. One day.

In addition, in the following cases, the creditor may immediately cancel a part of the contract without giving notice (Civil Code, Article 542, Paragraph 2).

  1.  When a part of the debt cannot be fulfilled.
  2.  When the debtor clearly indicates his intention to refuse to fulfill part of his debt.

Under the old law, if the purpose of the contract cannot be achieved without performance by a certain time (regular act), there is a delay in performance (former Article 542), or when performance becomes impossible (former Article 543). It was supposed to be possible to cancel without notice[2]..However, since it was understood that unannounced cancellation is possible even when the debtor expresses his intention to refuse performance or when sufficient performance cannot be expected to achieve the purpose of the contract, the revised Civil Code of 2017 Is divided into cancellation by notification and cancellation without notification (cancellation without notification), and if it is possible to cancel without notification, it is organized in Article 542.[1][2].

When it occurs due to the special rules of each contract type

  • With handRelease (557 article)
  • Buying and selling by othersOf the seller inLiabilityBuyer's right to cancel based on561 article)
  • Right to cancel a well-meaning seller in the sale of another person (562 article)
  • Right to cancel a well-meaning buyer based on the seller's liability when part of the right belongs to another person (when only the remaining part would not have been purchased) (Article 563 paragraph 2,564 article)
  • Right to cancel the buyer in good faith based on the seller's liability in the case of insufficient quantity or partial loss (when only the remaining portion would not have been purchased) (565 article)
  • Buyer's right to cancel based on seller's liability for usufruct566 article)
  • Buyer's right to cancel based on seller's collateral liability when there is collateral (Article 567 paragraph 1)
  • AuctionRight to cancel the purchaser's debtor based on the collateral liability inArticle 568 paragraph 1)
  • Seller's liability for defect warranty (570 article)
  • Cancellation by repurchase of seller (579 article)
  • LoanRight to cancel the lender due to use / profit contrary to the usage / nature of the borrower's object (594 article)
  • Right to cancel the lessor by transferring the lease right without permission or subleasing the leased item without permission (Article 612 paragraph 2)
  • Cancellation due to lessor's collateral liability
  • Cancellation due to preservation acts against the will of the lessee
  • Cancellation due to a decrease in rental revenue
  • Unsolicited sublease of rented item / Cancellation by unsolicited transfer of lease right
  • contractorCancellation due to collateral liability

Contract cancellation (contract cancellation right)

Of the cancellations, those that are contracts between the parties (mainly special contracts that accompany the contract) that the cancellation right is generated when the grounds for the generation of the cancellation right are fixed in advance.The cancellation right generated by thisRight to cancel contractCalled.Untouched (released557 article) And repurchase (579 article) Is a kind of this.

Exercise of cancellation right

If one of the parties has the right to cancel according to the contract or the provisions of law, the cancellation shall be made by manifesting the intention to the other party (there is the other party).Act alone,540 article1).

The right to cancel is associated with the status of the contracting party (large format 14/12/15 Minshu 3 No. 2 regarding the presence or absence of contingency of the right to cancel).The person exercising the right of cancellation must be a party to the contract, and the transferee of the payment claim cannot exercise the right of cancellation unless the status is transferred.In addition, when the contract is canceled, the claims generated by it are also retroactively extinguished. Therefore, when the claims are transferred, the consent of the transferee of the claims is required to exercise the right of cancellation (large format). Showa 28).

The right to cancel is inseparable (Indivisibleness of cancellation right).If there are several parties, the contract can only be canceled from or to all of them (544 articleItem 1).In addition, when the right to cancel is extinguished for one of the parties, it is also extinguished for the other party (544 articleItem 2).However, cancellation of the lease contract for the purpose of common property can be decided by a majority of the lease contracts according to the price of each co-owner's equity (252 articleText.544 articleSee commentary).

As a rule, otherAct aloneSimilarly,条件-the termCan not be added, but includes the condition that it will be canceled "if it is not fulfilled within a considerable period of time"NotificationIs the same as a notification that sets a considerable period of time, so it is accepted (Supreme Court decision, December 43, 12).

The manifestation of intention to cancel cannot be withdrawn (Article 540, Paragraph 2).

Effect of cancellation (effect of exercising the right to cancel)

The effect of cancellation is545 articleAlthough it is stipulated in, there is a dispute between the direct effect theory and the indirect effect theory regarding the legal structure of the effect of cancellation.

  • When one of the parties exercises the right to cancel, each party is obliged to restore the other party to its original state (545 articleSection 1 text).In this case, when returning the money, interest must be accrued from the time of receipt (545 article2).
    • According to the direct effect theory (case law / common theory), when the right to cancel is exercised, the contract is retroactively extinguished, and as a result, the unfulfilled debt is released from legal binding (large format 9 for the retroactive extinction of the contract). 4 ・ 7) It is considered that the obligation to restore the original condition will occur for the outstanding obligations under Article 545, Paragraph 1.
    • According to the indirect effect theory, it is considered that a new change in property rights will occur, which includes the return of the outstanding debt.
  • Cancellation cannot prejudice the rights of a third party (545 article1 proviso).
  • In the case of the main text of paragraph (XNUMX), when returning something other than money, the fruit produced after the time of receipt must also be returned (545 article3).
  • Exercise of the right to cancel does not prevent claims for damages (545 article4).
    • According to the direct effect theory (judgment / common theory), since the contract did not exist from the beginning, there is no liability for default, but it is considered that the liability for damages was recognized in order to protect the right holder of cancellation.

Article 545, Paragraph 3 was added in the revised Civil Code of 2017.

Extinction of cancellation right

PrescriptionIn addition to general causes such as extinction and waiver of the right of cancellation, the right of cancellation is extinguished due to the following specific causes.The statute of limitations is 10 years (167 article1).

  • Extinction of cancellation right by notification
    If there is no fixed period for exercising the right to cancel, the other party shall notify the person who has the right to cancel by setting a reasonable period and confirming whether or not to cancel within that period. If you do not receive the cancellation notice within that period, the cancellation right will be extinguished (547 article).
  • Extinction of the right to cancel due to the act of the right holder
    If the person who has the right of cancellation intentionally or negligently damages the object of the contract or becomes unable to return it, or if it is changed to another kind of thing by processing or modification, the right of cancellation will be granted. ,Disappear.However, this shall not apply if the person who has the right to cancel does not know that he / she has the right to cancel (548 article). Article 548 was amended by the revised Civil Code of 2017.

Extinction due to indivisible right of cancellation when there are several parties544 articleRegarding item 2)#Exercise of cancellation rightreference.

A system similar to cancellation

Cancellation (cancellation notice, notice)

As a term similar to cancellation, "Cancellation"(Cancellation notice,informAlso called).this isRent(620 article),employment(630 article),Delegation(652 article)such asRenewal contractIn, it means that the contract is extinguished from a certain time to the future by manifesting the intention of one party.It differs from cancellation in that the contract until cancellation is valid and that there is no obligation to restore the original state.In civil law, the concepts are divided in this way, but in the legal text of civil law, "cancellation" and "cancellation" are not necessarily used in this sense.

Release condition

Forfeiture agreement

Forfeiture agreementIs an agreement between the parties that the contract will be canceled as a matter of course in the event of a certain reason.It differs from cancellation in that the contract expires if a certain reason occurs even if there is no manifestation of intention of the parties.

Rescission (cancellation contract, opposition contract)

Cancellation of agreementMeans a contract that restores the debt-credit relationship created by the contract to the state before the contract (original state) by the agreement of the contracting parties.Cancellation contractOrOpposition contractAlso called.It is different from cancellation in a narrow sense that it can be canceled if there is an agreement, even if the cancellation right does not occur.Since the cancellation of an agreement is a kind of contract in itself, its effect is basically determined by the content of the agreement between the parties.Therefore, it is understood that the provisions regarding the cancellation of the Civil Code do not apply.

footnote

  1. ^ a b Masahiko Takizawa, Koji Mukawa, Hiroshi Hanamoto, Hideyuki Shigyo, Nobuyuki Okabayashi "New Hybrid Civil Code 4 Credits New Edition"Legal culture company, 37.ISBN 978 4589039422.
  2. ^ a b c d e f g Ministry of Justice. “Review of contract cancellation requirements". October 2020th, 8Browse.
  3. ^ a b Masahiko Takizawa, Koji Mukawa, Hiroshi Hanamoto, Hideyuki Shigyo, Nobuyuki Okabayashi "New Hybrid Civil Code 4 Credits New Edition"Legal culture company, 38.ISBN 978 4589039422.
  4. ^ Showa 43.2.23 Minshu 22-281

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