12th Meeting (July 20, 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. Conditions and due dates
・Necessity to clarify the meaning of condition precedent and condition subsequent.
・Juristic relationship pending fulfilment of a condition.
・Necessity to clarify the meaning of due dates.
・Necessity to review provisions on the grounds to lose the benefit of assigned time.

2. Calculation of time period
・Necessity to stipulate the way of calculating a period of time in the direction back to the past.

3. Extinctive prescription
・Necessity to review the period of prescription and the point of commencement ( the system of extinctive prescription with a shorter period, a period for general prescription, a period for exceptional prescription, the point of commencement for a prescription period, modification of a prescription period by an agreement).
・Necessity to review grounds of prescriptive impediments (necessity to review grounds for suspension or interruption, necessity to recognize as prescriptive impediments when the parties start negotiation).
・Effect of prescription (Effects of prescription, scope of persons who can invoke prescription, waiver of the benefit of prescription, etc.)
・Necessity of a general provision on restrictions on the period for a constitutive right.
・Other issues (extinctive prescription for other property rights, influences on acquisitive prescription).

4. Representation
・Necessity to review provisions on representation with authority (clarification of rules on conflict of interests and abuse of representation rights, etc.)


* A part of issues regarding representation (apparent authority, representation without authority, and delegation of power) were left to the next deliberation.

Materials

Material No.14-1 Items to be discussed for the Civil Code (law of obligations) reform (9) [under preparation]