３．10条の規定によると、PTはD契約を登録しなければ第三者に権利を主張することができない。
４．D契約は登録に必要な規定が欠けているため、そのままでは登録することはできない。
５．P社はA契約においてY社に対してFeeの支払義務を負うとされているが、T社とP社の両方でFeeの支払いを求められる事態になる可能性がある（二重払いの危険）。
６．上記5の危険があるとすると、T社とY社の間で、今回のA契約締結に先立ち、覚書を締結しておく必要がある。
Rating
50
Translation / English
- Posted at 02 Jul 2014 at 10:10
3. According to article #10, PT cannot claim third parties without the registration of D's contract.
4. Since D contract is lack of the required regulations, it cannot be registered as is.
5. Under the A contract, P owes the payment responsibility to Y, however this may require both T and P to settle the payment (a possible risk of the duplicated payment).
6. If the above mentioned risk in item 5 exists, prior to A contract conclusion, an acknowledgement would need to be concluded between T and Y.
4. Since D contract is lack of the required regulations, it cannot be registered as is.
5. Under the A contract, P owes the payment responsibility to Y, however this may require both T and P to settle the payment (a possible risk of the duplicated payment).
6. If the above mentioned risk in item 5 exists, prior to A contract conclusion, an acknowledgement would need to be concluded between T and Y.
Rating
52
Translation / English
- Posted at 02 Jul 2014 at 10:07
3. According to the article 10, PT can not assert it right to the third party unless binding D contract.
4. D contract is not completed yet untill all the necessary terms and conditions are included, and under such situation of D contract, we are not able to register.
5. Under A contract P owe the payment responsibility of fee to Y, however, there is possibility that P and T might receive duplicated payment request.
6. To prevent 5, T and Y need to sign on the agreement before binding A contract.
4. D contract is not completed yet untill all the necessary terms and conditions are included, and under such situation of D contract, we are not able to register.
5. Under A contract P owe the payment responsibility of fee to Y, however, there is possibility that P and T might receive duplicated payment request.
6. To prevent 5, T and Y need to sign on the agreement before binding A contract.
Rating
50
Translation / English
- Posted at 02 Jul 2014 at 10:18
3. According to Article 10, P and T can't demand their rights to third parties unless registering the D contract.
4. The D contract can't be registered as-is due to lack of prescriptions required for the registration.
5. P owes the need to pay for the fee to Y by the A contract, but there is a possibility that both T and P are required to pay for the fee. (danger of duplicate payments)
6. If there is a danger of above 5, T and Y need to exchange memorandums before contracting A contract this time.
4. The D contract can't be registered as-is due to lack of prescriptions required for the registration.
5. P owes the need to pay for the fee to Y by the A contract, but there is a possibility that both T and P are required to pay for the fee. (danger of duplicate payments)
6. If there is a danger of above 5, T and Y need to exchange memorandums before contracting A contract this time.
