15th Meeting (September 28, 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.Loans for Consumption
・Necessity to review the provision requiring delivery of money in order to conclude a contract for loans for consumption (Art.587 of the Civil Code).
・Necessity to clarify regulation of the interest rate (Art. 590 (1) of the Civil Code).
・Responsibility of the lender in cases where there is a defect in the subject matter with regard to a loan for consumption.
・Necessity to establish a provision on responsibility of a borrower who makes return before the due date in case of a loan for consumption with interest.
・Necessity to establish a provision on linking of defense.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

2.Leases
・Necessity to review Article 602 of the Civil Code which regulates short-term leases.
・Necessity to review Article 604 (1) of the Civil Code which regulates duration of leases.
・Necessity to clarify a provision concerning the relationship between a lease contract and a third party.
・Necessity to review provisions on responsibility of a lessor (Art.606, 615, and 559 of the Civil Code).
・Necessity to review provisions on responsibility of a lessee (Art.611 of the Civil Code).
・Necessity to clarify provisions concerning transfer of the right to lease the subject matter and sub-lease (Art.612 and 613 of the Civil Code).
・Review of provisions on conclusion of a lease contract due to loss of the subject matter (Art. 611 of the Civil Code).
・Necessity to clarify provisions on the duty of recovery to the original state at the time of expiry of the lease.
・Necessity to review provisions on limitations on the period with regard to the claim for damages.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

Material

Material No.16-1 Items to be discussed for the Civil Code (law of obligations) reform (11)[under preparation].