14th Meeting (September 7, 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.Sales – General Principles
・Necessity to review the provision on pre-contract of sales by one party (Art.556 of the Civil Code).
・Necessity to review the provision on earnest money (Art. 557 of the Civil Code).
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

2.Sales – Effects of Sales (Warranty)
・Arrangement of the relationship between general principles of default and warranty in sales (Art.560-570 of the Civil Code).
・Necessity of special provisions on warranty in cases of compulsory auctions (Art.568 and 570 of the Civil Code).
・Necessity to stipulate a provision on the right of the seller in cases of excess of quantity, which is not stipulated in the current Civil Code.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

3.Sales – Effects of Sales (Issues other than Warranty)
・Necessity to stipulate provisions on the obligation of the seller to hand over the object and to ensure satisfaction of the requirements for perfection, and the obligation of the buyer to accept the object, which are not stipulated in the current Civil Code.
・Necessity to review provisions on payment, refusal of payment, ownership in fruit, and payment of interest on purchase money (Art. 573 – 577 of the Civil Code).
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

4.Sales – Redemption and Special Sales
・Necessity to review provisions on redemption (Art. 579 - 585 of the Civil Code).
・Necessity to stipulate a provision on sales allowing a prospective buyer to try the object prior to forming a sales contract, which is not stipulated in the current Civil Code.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

5.Exchange
Issues to be discussed on assumption of obligation and transfer of contractual status were left to subsequent meetings.

Material

Material No.15-1 Items to be discussed for the Civil Code (law of obligations) reform (10)[under preparation].