8th Meeting(April 27,2010)

Civil Code Reform

Agenda

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. Payments
Necessity to review the rules on payment by a third party.
Necessity to review the rules on payment vis-a-vis a third party other than the obligee.
Necessity to review the rules on substitute payment.
Necessity to review the rules on rendering of payment.
Necessity to review the rules on subrogation through payment.
Other issues to be discussed, and directions and points to remember for deliberation, etc.

2. Set-offs
・Necessity to review the rules on requirements of set-off (especially, availability of set-off by a third party).
Necessity to review the rules on methods and effects of set-off (especially, necessity to review the rules on retroactive effects of set-off).
Necessity to review the rules on set-off for a tort claim.
Necessity to review the rules on set-off for an attached claim (statutory set-off and attachment, reserved set-off and attachment).
Other issues to be discussed, and directions and points to remember for deliberation, etc.

3. Novation
Necessity to clarify requirements of novation.
Necessity to substitute the parties through novation.
Other issues to be discussed, and directions and points to remember for deliberation, etc.


Issues to be discussed on release, merger, and necessity to correspond to developments and complexity of the method of payment (about the problems on payment among multiple parties) were left to subsequent meetings.

Materials

Material No.10-1 Items to be discussed for the Civil Code (law of obligations) reform (5) 【PDF】