1st Meeting of the First Sectional Meeting (November 8th, 2011)

Agenda

  Discussion on issues for reforming the Civil Code (law of obligations)

Summary of minutes

  Members discussed issues for reforming the Civil Code (law of obligations) based on Material No.27 (distributed at the 30th meeting) and No.29 (distributed at the 31st meeting). Concrete issues discussed are as follows.

   1  How the provision of third-party protection should be when the effect of manifestation is denied.  (This issue was mandated to this section at the 31st meeting of the Working Group.)

   2  When manifestation of intention should be regarded as being received

   3  The scope of the claim for return when performance is made based on a void juridical act.  (Above issues were mandated to this section at the 32nd meeting of the Working Group.)

   4  Defect of juridical acts in representation – general rule (Article 101 (1) of the Civil Code)

   5  Defect of juridical acts in representation – exception (Article 101 (2) of the Civil Code)

   6  Capacity to act of a representative (Article 102 of the Civil Code)

   7  Scope of the authority of representation (Article 103 of the Civil Code)

   8  Indication of granting the authority of representation and the provision of manifestation of intention

   9  ‘Authority’ of a representative in apparent representation in acting outside legitimate authority

   10 Subject of ‘without-knowledge’ of apparent representation after extinction of the authority of representation

   11 Burden of proof of without-knowledge and without-negligence in apparent representation after extinction of the authority of representation (Above issues were mandated to this section at the 33rd meeting of the Working Group.)

 

Material

  ・ Omitted.