41st Meeting (February 14, 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. 35 (distributed at the 39th meeting). Concrete issues discussed are as follows.

    1  Right of subrogation of the oblige

    2  Right to request avoidance of fraudulent act

 

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

      “Availability to claim reimbursement of expenses” (Material No.35, Part I, 4(2)(i))

      “Necessity to grant the statutory lien” (Material No.35, Part I, 4(2)(ii))

      “Defenses against the person with the right of subrogation of the obligee” (Material No.35, Part I, 5(1)(ii))

      “Necessity to send a notice in case of exercising the right of subrogation” (Material No.35, Part I, 6(1))

      “Necessity of a notice of suit in case of filing a subrogation action” (Material No.35, Part I, 6(2))

      “Prohibition of collection or any other disposition” (Material No.35, Part I, 6(3)(i))

      “Prohibition of payment” (Material No.35, Part I, 6(3)(ii))

      “Attachment after filing a subrogation action” (Material No.35, Part I, 7)

      “Intervention by the obligor” (Material No. 35, Part I, 8(1))

      “Intervention by other obliges” (Material No.35, Part I, 8(1))

      “Defendant of the action for avoidance of a fraudulent act” (Material No.35, Part II, 1 (2) (i))

      “Consolidation of the action for payment in relating to preserved claims” (Material No.35, Part II, 1(2)(ii))

      “Conflict of the action for avoidance of a fraudulent act” (Material No.35, Part II, 1(2)(iii))

 

   Among the issues for deliberation listed in Material No.35 after “Basic requirements of the right to request avoidance of a fraudulent act” in “Right to request avoidance of fraudulent act,” and the issues listed in Material No.36 and No.37 were left to later meetings.

 

2 Report

    The Chair reported that the issues which were decided to left to sectional meetings for supplementary discussion would be deliberated at the Second Sectional Meeting.

Materials

 Omitted.