18th Meeting (November 9, 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 based on Material No.17-1 (distributed at the 16th Meeting) and Material No.18-1.1．Deposits
・Whether the requirements to form deposits should be revised (Civil Code Art.657).
・Necessity to release the obligation of a depositary to retain the deposited thing by himself/herself (Civil Code Art.658).
・Whether a provision on the duty of care of a depositary for paid deposit should be stipulated (Civil Code Art.659).
・Necessity to clarify regulations on a party who receives the deposited thing.
・Necessity to revise provisions on responsibility of a depositor.
・Necessity to revise provisions regulating the duty of notice of a depositor when a deposited thing is injured in part or whole.
・Necessity to clarify provisions on assignment of a deposited thing and transfer of indirect possession.
・Necessity to revise the provision on deposits for consumption (Civil Code Art.666).
・Whether new provisions on special deposits such as commingled deposits should be stipulated.
・Whether new provisions governing deposit for consumption through a liquid deposit account should be established.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.
2．Partnerships
・Necessity to clarify provisions on formation of partnership contracts.
・Necessity to clarify provisions regulating financial relations of partnerships.
・Necessity to clarify provisions on execution of business of a partnership and representation of a partnership.
・Necessity to clarify provisions regulating admission and withdrawal of partnership members.
・Necessity to clarify provisions governing dissolution and liquidation of partnerships.
・Whether new provisions governing inner-partnership should be established.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.
3．Life Annuities
・How to review and reorganize provisions on life annuities.
・Issues when the provisions are reorganized focusing on contracts for paid life annuities (formation of the contract, effects of the contract, method of payment, cancellation of the contract, etc.).
・Appropriateness of establishing provisions on payment of indefinite amount as life annuities.
・Issues when the provisions on aleatory contracts (formation of the contract, regulation of gaming acts).
・Other issues to be discussed, and directions and points to remember for deliberation, etc.
4．Settlement
・Whether the requirement of “reciprocal concessions” should be deleted (Civil Code Art. 695).
・Necessity to revise the provision on effects of settlement (Civil Code Art.696).
・Other issues to be discussed, and directions and points to remember for deliberation, etc.
5．New Types of Contracts
・Whether new provisions governing new types of contracts such as finance lease should be established.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.
Material
Material No.18-1 Items to be discussed for the Civil Code (law of obligations) reform (13)[under preparation].
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