40th Meeting (January 31, 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) and No.35 (distributed at the 39th meeting). Concrete issues discussed are as follows.

   1  Assumption of risk

   2  Delay in acceptance (Article 413 of the Civil Code)

   3  New provisions relating with nonperformance of an obligation

   4  Right of subrogation of the obligee

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

　　　・“Treatment of Article 536 (2) of the Civil Code” (Material No.34, Part IV, 2)

　　  ・“Necessity of the provision in Article 534 of the Civil Code (the oblige principle in assumption of risk)” (Material No.34, Part IV, 3)

       ・“Materialization and clarification of effect” in “Daly in acceptance” (Material No.34, Part V, 1)

       ・“Responsibility of the obligor when nonperformance occurs due to an act of the third party” (Material No.34, Part VI, 2)

       ・“Claim to substituted performance” (Material No.34, Part VI, 3)

       ・Among “Requirement of insolvency for the subrogation right of oblige in the original form”, “Exception in case of exercising subrogation of the right to apply land registration as the premise of enforcement” (Material No.35, Part I, 2(1)(i))

  Among the issues for deliberation listed in Material No.34 after “Basic effect of the obligee’s right of subrogation” in “Right of subrogation of the oblige” and the issues listed in Material No.35 were left to later meetings.

2 Report

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

   (Issues assigned to the First Sectional Meeting)

       ・ “Treatment of Article 536 (2) of the Civil Code” (Material No.34, Part IV, 2)

       ・ “Necessity of the provision in Article 534 of the Civil Code (the oblige principle in assumption of risk)” (Material No.34, Part IV, 3)

       ・ “Materialization and clarification of effect” in “Daly in acceptance” (Material No.34, Part V, 1)

       ・ “Responsibility of the obligor when nonperformance occurs due to an act of the third party” (Material No.34, Part VI, 2)

　     ・ “Claim to substituted performance” (Material No.34, Part VI, 3)

    (Issues assigned to the Second Sectional Meeting)

       ・ “Treatment of Article 414 (Enforcement of performance)” (Material No.32, Part I, 2)

       ・ Among “Requirement of insolvency for the subrogation right of oblige in the original form”, “Exception in case of exercising subrogation of the right to apply land registration as the premise of enforcement” (Material No.35, Part I, 2(1)(i))

Materials

 Omitted.