47th Meeting (May 22nd, 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. 39 (distributed at the 46th meeting). Concrete issues discussed are as follows.

     Payments.

     Set-off

 

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

     Appropriation of the payment (Articles 488 to 491 of the Civil Code) (Material No.39, Part I, 7).

     Treatment of the original claim when the payer is subrogated (Material No.39, Part I, 10(2)).

     Clarification of the provisions concerning the relations between statutorial subrogation (Material No.39, Part I, 10 (3)).

     Requirements and effects of subrogation through partial payment (Material No.39, Part I, 10(4)).

     Obligations of the oblige (Material No.39, Part I, 10(5)).

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

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

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

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

 

2.  Report

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

  The Chair reported that the issues which were decided to left to sectional meetings for supplementary discussion at today’s meeting and the issues which were listed in Material No. 39 and so decided at the 46th Meeting would be deliberated at the First Sectional Meeting.

Materials

  Omitted.