46th Meeting (May 8th, 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 Materials No. 37 (distributed at the 42nd meeting) and No.38 (distributed at the 43rd meeting). Concrete issues discussed are as follows.

  ・ Arrangement of provisions concerning securities-like claims and negotiable instruments.

  ・  Assumption of obligations.

  ・  Transfer of the contractual status.

  ・  Payments.

 

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

  ・  Assumption of obligations which does not extinguish the original obligation (Material No.38, Part I, 2).

  ・  Assumption of obligations which extinguishes the original obligation (Material No.38, Part I, 3).

  ・  Requirements for transfer of the contractual status (Material No.38, Part II, 2).

  ・  Effects of transfer of the contractual status (Material No.38, Part II, 3).

  ・  Review of legal relations concerning substitute payment (Material No.39, Part I, 5).

 

 Among the issues for deliberation listed in Material No.39, the issues after “Appropriation of the payment” (Articles 488 to 491 of the Civil Code) were left to later meetings.

 

2.  Report

  There was an announcement for the 3rd meeting of the Third Sectional Meeting.

  The Chair reported that the issues which were listed on Material No. 38 and decided to left to sectional meetings for supplementary discussion would be deliberated at the Second Sectional Meeting.

Materials

  Omitted.