6th Meeting of the First Sectional Meeting (October 9, 2012)

Agenda

  Discussion on issues for reforming the Civil Code (law of obligations)

Summary of minutes

  Members discussed issues for reforming the Civil Code (law of obligations) based on Materials No.39 (distributed at the 46th meeting), No.43 (distributed at the 52nd meeting), No.46 (distributed at the 55th meeting), and No.47 (distributed at the 57th meeting). Concrete issues discussed are as follows.

   1 Clarification of the requirements for set-off (Material No.39, Part II, 1(1)).

   2 Set-off by a third party (Material No.39, Part II, 1(2)).

   3 Set-off of a claim whose performance may be refused by the obligor asserting prescription (Material No.39, Part II, 3).

   4 Effects of advance agreement of set-off (Material No.39, Part II, 5 (2)).

(Above issues were left to sectional meetings at the 47th Meeting of the Study Group.)

   5 Adjustment of remedies of the buyer when there is a defect in the subject matter delivered (Material No.43, Part II, 1(2)).

   6 Necessity of review on regulations on the short-term limitation period (Material No.43, Part II, 1(3)).

   7 Adjustment of remedies of the buyer when the duty of transfer of the right is not performed (Material No.43, Part II, 2(2).

   8 Necessity of review on regulations on the short-term limitation period (Material No.43, Part II, 2(3)).

(Above issues were left to sectional meetings at the 52nd Meeting of the Study Group.)

   9 Clarification of the timing of transfer of risks and the effect of transfer of risks (Material No.43, Part III, 4(2)).

(Above issues were left to sectional meetings at the 53rd Meeting of the Study Group.)

   10 The claim for the remuneration and the claim for reimbursement of costs when completion of the work becomes impossible (Material No.46, Part I, 2(2)).

   11 Duration of the responsibility for a warranty against defects (Material No.46, Part I, 4(5)).

   12 Review of the period of a warranty against defects when there is a defect in a building or other structure on land (Art.638 of the Civil Code) (Material No. 46, Part I, 4(6)).

(Above issues were left to sectional meetings at the 56th Meeting of the Study Group.)

   13 Duty to compensate a damage which the mandatary suffers (Art.650 (3) of the Civil Code) (Material No.46, Part II, 2(2)).

   14 The right to claim a fee when disposition of a mandated business is terminated in the middle (Material No.46, Part II, 3(4)).

   15 The right to claim a fee when performance of rendering services becomes impossible (Material No. 47, Part I, 3).

(Above issues were left to sectional meetings at the 57th Meeting of the Study Group.)

   16 Regulation on fees (the right to claim a fee when performance of labor services is terminated in the middle) (Material No.47, Part II, 1)

   17 Regulation on fees under “Deposit” (Material No.47, Part III, 6).

(Above issues were left to sectional meetings at the 58th Meeting of the Study Group.)

Material

  Omitted.