6th Meeting(March 23,2010)

Civil Code Reform

Agenda

1. Discussion on individual issues relating to the Civil Code (law of obligations) reform

Summary of minutes

Members discussed on the following individual items relating to the Civil Code (law of obligations) reform.

1. Right to request avoidance of fraudulent acts
Necessity to review provisions on effects (appropriateness of prioritized payment in effect, and method to recover missing property, etc.).
Other issues to be discussed, and directions and points to remember for deliberation, etc.

2. Claims and obligations of multiple parties (excluding guarantees)
Necessity to arrange provisions for cases where there are multiple obligors (especially, to the point whether an effect caused to one of joint and several obligors reaches the rest of obligors)
Necessity to adjust provisions for cases where there are multiple obligees.
Other issues to be discussed, and directions and points to remember for deliberation, etc.

3. Guarantees
Directions and points to remember for review of provisions on guarantees in the circumstances that there are opinions requesting expansion of guarantor protection.
Necessity to allow formation of a guarantee obligation through a contract between an obligor and a guarantor.
Necessity to arrange provisions on guarantor's defense (especially, revising Article 455 which provides effects of defense of demand and defense of reference into a provision which governs general occasions where the amount of payment from the principal obligor has decreased owing to the obligee failing to make a timely execution with regard to the property of the principal obligor).
Necessity to arrange provisions on guarantors' right of reimbursement (especially, whether to stipulate a provision on the right of reimbursement of entrusted guarantors in advance).
Necessity to stipulate a provision on the interests of separation in joint guarantees.
How the system of joint and several guarantee should be.
Necessity of further review of provisions on revolving guarantees which was newly stipulated in 2004 reform.
Other issues to be discussed, and directions and points to remember for deliberation, etc.

Materials

Material No.8-1 Items to be discussed for the Civil Code (law of obligations) reform (3)PDF