39th Meeting (January 17, 2012)

Agenda

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

Summary of minutes

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

   Members discussed issues for reforming the Civil Code (law of obligations) based on Material No.34 (distributed at the 36th meeting). Concrete issues discussed are as follows.

   1 Cancellation of contracts

   2 Assumption of risk

 

   Among issues for deliberation, the following issues were left to sectional meetings for supplementary discussion:

    ・ “Order of provisions on the forms of nonperformance as a requirement for cancellation due to nonperformance” (Material No.34, Part III, 1)

    ・ “Extinction of the right to cancellation due to acts of the person with the right to cancellation (Article 548 of the Civil Code)” (Material No.34, Part III, 4)

 

   Among issues for deliberation listed after “Treatment of Article 536 (2) of the Civil Code” under “Assumption of risk” (Part IV, 2) were left to later meetings.

 

2.  Report

   The summary of the first meeting of the Third Sectional Meeting was reported. The chair reported that the following issues would be deliberated at the First Sectional Meeting.

 

    ・ “Specification of subject matter of fungible claims” (Material No.31, Part II, 4(1))

    ・ “Order of provisions on the forms of nonperformance as a requirement for cancellation due to nonperformance” (Material No.34, Part III, 1)

    ・ “Extinction of the right to cancellation due to acts of the person with the right to cancellation (Article 548 of the Civil Code)” (Material No.34, Part III, 4)

Materials

・ Omitted.