45th Meeting (April 17th, 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. 37 (distributed at the 42nd meeting). Concrete issues discussed are as follows.

　　　　　・ Assignment of claims.

 

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

       ・ “Effect of assignment which violates the special provision on the prohibition of claims assignment” (Material No.37, Part I, 1(3)(a)).

       ・ “Limitation of the effect of the special provision on the prohibition of claims assignment when the proposal of relative effect is to be adopted” (Material No.37, Part I, 1(3)(b)).

       ・ “Adjustment of standard rules of obligor’s conduct” (Material No.37, Part I, 3).

       ・ “Limitation of the effect of assignment of future claims accompanying with transfer of assignor’s status” (Material No.37, Part I, 4(3)).

 

  Among the issues for deliberation listed in Material No.37, the issues after “Provisions on claims which are similar to negotiable instrument” (Part II, 1) 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 Third Sectional Meeting.

Materials

 Omitted.