Civil Code reform
Agenda
Discussion on individual issues relating to the Civil Code (law of obligations) reform.
Summary of minutes
1. Members discussed on the interim report of points at issue on the Civil Code (law of obligations) reform based on Material No.26. Concrete topics for the discussion are as follows:
1. Demand for performance
2. Damages caused by non-performance of an obligation
3. Cancellation of contracts
4. Assumption of risk
5. Delay in acceptance
6. Other new provisions
7. Right of subrogation of the obligee
8. Right to request avoidance of fraudulent acts
9. Claims and obligations of multiple parties (excluding guarantee obligations)
10. Guarantee obligations
11. Assignment of claims
12. Provisions on securities-like claims
13. Assumption of obligations
14. Transfer (assignment) of contractual status
15. Payment
16. Set-off
17. Novation
18. Release and merger
19. Necessity to correspond to sophisticated and complex situation of means of settlement (About the issue on settlement among multiple parties)
20. General principles on contracts
21. Stage of contract negotiation
22. Offer and acceptance
23. Advertisements offering prizes
24. General conditions (definition and requirements for incorporation into the contract)
25. General principles on juridical acts
26. Mental capacity
27. Manifestation of intention
28. Regulation of unfair terms
29. Voidance and rescission
30. Agency
31. Conditions and time period
32. Calculation of time
33. Prescription
34. Regulations of contracts – common issues
35. Sales – general rules
36. Sales – effects of sales (warranty)
37. Sales – effects of sales (except warranty)
38. Sales – redemption, special sales contracts
39. Exchange
40. Gift
41. Loans for consumption
42. Lease
43. Loans for use
44. General discussion on contract in a form of rendering services (employment, contracts to produce work, mandates, and deposits)
45. Contracts to produce work
46. Mandates
47. Provisions for contracts rendering services in lieu of quasi-mandates
48. Employment
49. Deposits
50. Partnerships
51. Life annuities
52. Settlement
53. New types of contracts
54. Purpose of claims
55. Principle of changes in circumstances
56. Defense of insecurity
57. Liquidated damages (Article 420 and 421 of the Civil Code)
58. Interpretation of contracts
59. Contracts for a third party
60. Continuous contracts
61. Influences on provisions on statutory claims
62. Provisions on consumers and businesses
63. Arrangement of provisions
2. Based on the result of deliberation above, it was decided that Material No.26 would be adopted as “Interim Report of Points at Issue on the Civil Code (law of obligations) Reform” with modifications suggested at the meeting. “Interim Report of Points at Issue on the Civil Code (law of obligations) Reform” will be brought to the procedure for public comment hereafter.
Material
· Material No.26 Draft for the Interim Report of Points at Issue on the Civil Code (law of obligations) Reform [under preparation].