Discussion on issues for reforming the Civil Code (law of obligations)
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 Materials No. 43 (distributed at the 52nd meeting) and 44. Concrete issues discussed are as follows.
・ Sale – effects of sales (liability of the seller).
・ Sale – effects of sales (issues other than above).
・ Sale – redemption, and special kinds of sales
Among issues for deliberation, the following issues were left to sectional meetings for supplementary discussion:
・ Clarification of the timing of transfer of risks and the effect of transfer of risks (Material No.43, Part III, 4(2)).
・ Clarification of the scope of application (Material No.44, Part I, 2).
・ Revocation on the ground of breach of a trust (cancellation) (material No.44, Part I, 7 (2)).
・ Special provisions on the duty of the donee to restore to original state due to cancellation (Material No. 44, Part I, 7 (3).
・ Application mutatis mutandis to gratuitous contracts (Material No. 44, Part I, 7 (4)).
Among the issues for deliberation listed on Material No.44, the issues after “Legal relations before delivery of the subject matter” (Part II, 1(3)) were left to later meetings.
There was announcement for the 5th meeting of the First Sectional Meeting.
The Chair reported that the issues on Material 43 which were decided to left to sectional meetings for supplementary discussion would be deliberated at the First Sectional Meeting, and the issues on Material 44 would be deliberated at the Second Sectional Meeting.