60th Meeting (October 23, 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. 48 (distributed at the 58th meeting) and No.49. Concrete issues discussed are as follows.

   ・ Principles of unforeseeable changes of circumstances (clausula rebus sic stantibus).

   ・ Defense of insecurity

   ・ Continuous contracts

   ・ Interpretation of a contract

   ・ Necessity of review of provisions on statutory claims

   ・ Other issues

 

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

   ・ Principles of unforeseeable changes of circumstances (clausula rebus sic stantibus) (Material No.48, Part IV).

   ・ Necessity of a provision on compensation of damage caused by nonperformance of a statutory claim (Material No.49, Part II, 1).

 

2. Report

  The Chair reported that the issues which were decided to left to sectional meetings for supplementary discussion would be deliberated at the following sectional meeting;

   [The Second Sectional Meeting]

    Principles of unforeseeable change of circumstances (clausula rebus sic stantibus) (Material No.48, Part IV)

   [The Third Sectional Meeting]

    Necessity of a provision on compensation of damage caused by nonperformance of a statutory claim (Material No.49, Part II, 1)

Materials

  Omitted.