2nd Meeting(December 22,2009)
Civil Code Reform
Agenda
1. Discussion on the necessity to reform the Civil Code (law of obligations)2. Discussion on the schedule of deliberation
Summary of minutes
1. Discussion on the necessity to reform the Civil Code (law of obligations)Following the discussion at the 1st Meeting, the members exchanged their opinions on the necessity to reform the Civil Code (law of obligations).
2. Discussion on the schedule of deliberation
The members exchanged their opinions about "the scope of provisions to be deliberated", "the order of deliberation for the purpose of submitting the interim report", "the relationship with the special laws", and "cralification of provisions based on case laws" respectively.
The secretariat proposed that the Working Group should spend about one and a half years for study and deliberation before submitting the interim report and take the procedure for public comment around April 2011. The proposal was approved.
The following schedule plan for deliberation was also approved
| 1st Meeting (November 24, 2009) | Discussion on general issues (1) |
| 2nd Meeting (December 22, 2009) | Discussion on general issues (2) |
| 3rd Meeting (January 26, 2010) | Discussion on individual issues (1) Responsibility of default, cancellation of contract, and assumption of risk (Book 3-Chapter 1-Division 2-Section 1, Book 3-Chapter 2-Division 3 & Division 2) |
| 4th Meeting (February 23, 2010) | |
| 5th Meeting (March 9, 2010) | Discussion on individual issues (2) Obligee’s subrogation right, and right to request avoidance of fraudulent act (Book 3-Chapter 1-Division 2-Section 2) |
| 6th Meeting (March 23, 2010) | Discussion on individual issues (3) Claims and obligations of multiple parties (Book 3-Chapter 1-Division 3) |
| 7th Meeting (to be scheduled in April or May) | Discussion on individual issues (4) Assignment of claims (Book 3-Chapter 1-Division 4) |
| 8th Meeting (to be scheduled in April or May) | Discussion on individual issues (5) Extinguishment of claims (Book 3-Chapter 1-Division 5) |
| 9th Meeting (to be scheduled in April or May) | Discussion on individual issues (6) Formation of contract (Book 3-Chapter 2-Division 1-Section 1) |
| 10th Meeting (to be scheduled in June or July) | Discussion on individual issues (7) General principles on juridical act, and manifestation of intension (Book 1-Chapter 5-Division 1 & Division 2) |
| 11th Meeting (to be scheduled in June or July) | Discussion on individual issues (8) Representation, invalidity and rescission, and conditions and due dates (Book 1-Chapter 5-Divisions 3 to 5) |
| 12th Meeting (to be scheduled in June or July) | Discussion on individual issues (9) Calculation of time, and prescription (Book 1-Chapter 6 & Chapter 7-Divisions 1 to 3) |
| Reserved date (late July) | |
| 13th Meeting (to be scheduled in September or October) | Discussion on individual issues (10) Gifts, sale, and exchange (Book 3-Chapter 2-Divisions 2 to 4) |
| 14th Meeting (to be scheduled in September or October) | Discussion on individual issues (11) Loans for consumption, loans for use, and lease (Book 3-Chapter 2-Divisions 5 to 7) |
| 15th Meeting (to be scheduled in September or October) | Discussion on individual issues (12) Employment, contracts to produce work, mandate, and deposits (Book 3-Chapter 2-Divisions 8 to 11) |
| 16th Meeting (to be scheduled in November or December) | Discussion on individual issues (13) Partnerships, life annuities, settlement, and new types of contracts (Book 3-Chapter 2-Divisions 12 to 14) |
| 17th Meeting (to be scheduled in November or December) | Discussion on individual issues (14) Purpose of claims, contracts for a third party, and remained individual issues (Book 3-Chapter 1-Division 1, etc.) |
| 18th Meeting (to be scheduled in November or December) | Discussion on individual issues (15) Overall issues to be discussed |
| Reserved date (late December) | |
Material
Material No.3 Necessity and points to remember for reforming the Civil Code (law of obligations) (Summary of opinions at the 1st Meeting)【PDF】
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