48th Meeting (June 5th, 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. 40 and 41 (distributed at the 48th meeting). Concrete issues discussed are as follows.

    ・  Novation.

    ・  Release and merger.

    ・  Basic principles on contract.

    ・  The stage of contract negotiation.

 

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

    ・  Clarification of the elements of obligation (Material No.40, Part I, 1(1)).

    ・  Novation by three parties (participation of a person who becomes a party through novation) (Material No.40, Part I, 5).

    ・  Materialization of the principle of good faith in the claim-obligation relations (Material No.41, Part I, 4)

    ・  Unfair break of contract negotiation (Material No.41, Part II, 1)

 

  Among the issues for deliberation listed in Material No.41, the issues after “The obligation of explanation and obligation of information provision in the process of concluding a contract” (Part II, 2) were left to later meetings.

 

2.  Report

  There was announcement for the 4th meeting of the First Sectional Meeting.

  The Chair reported that, among the issues which were decided to left to sectional meetings for supplementary discussion, the issues listed on Material No.40 would be deliberated at the Second Sectional Meeting, and the issues listed on Material No.41 would be deliberated at the Third Sectional Meeting.

Materials

  Omitted.