19th Meeting (November 30, 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.19-1.

1.Subject of Claim
Whether the provision on subject of claim should be deleted (Civil Code Art.399).
Necessity to revise the provision on the duty of care in delivering a specified thing (Civil Code Art.400).
Whether the provision on the nature of the subject of a fungible claim should be deleted (Civil Code Art.401(1)).
Necessity to clarify the provision on identifying the subject of a fungible claim (Civil Code Art.401 (2)).
Necessity to revise the provision on statutory interest rate (Civil Code Art.404).
Necessity to review provisions on right of choice (Civil Code Art.406-411).
Other issues to be discussed, and directions and points to remember for deliberation, etc.

2.Principle of Changes in Circumstances
Necessity to stipulate the principle of changes in circumstances.
Whether requirements to invoke the principle of changes in circumstances should be stipulated.
Whether and how effects of invoking the principle of changes in circumstances should be stipulated.
Other issues to be discussed, and directions and points to remember for deliberation, etc.

3.Defense of Insecurity

Necessity to stipulate defense of insecurity.
Whether requirements to invoke defense of insecurity should be stipulated.
Whether and how effects of invoking defense of insecurity should be stipulated.
Other issues to be discussed, and directions and points to remember for deliberation, etc.

4.Liquidated Damages

Necessity to clarify provisions on liquidated damages (Civil Code Art.420, 421).
Other issues to be discussed, and directions and points to remember for deliberation, etc.

5.Interpretation of Contracts

Necessity to clarify the principles on interpretation of contracts.
Necessity to stipulate the basic principle in interpreting contracts.
Whether provisions indicating individual directions for interpretation of contracts should be stipulated.
Other issues to be discussed, and directions and points to remember for deliberation, etc.

6.Contracts for a Third Party

Whether classification of contracts for a third party is necessary (Civil Code Art.537 (1)).
Necessity to require existence and identification of the beneficiary in provisions.
Necessity to clarify provisions on status of a party forming a contract for a third party (Civil Code Art.538).
Other issues to be discussed, and directions and points to remember for deliberation, etc.

* Discussion on “No.7 Continuous Contract” and “No.8 Influence on Provisions on Statutory Claims” was left to later meeting.

Material

Material No.19-1 Items to be discussed for the Civil Code (law of obligations) reform (14)[under preparation].