3rd Meeting(January 26,2010)

Civil Code Reform

Agenda

1. Discussion on individual issues relating to the Civil Code (law of obligations) reform

Summary of minutes

Members discussed on the following individual items relating to the Civil Code (law of obligations) reform.

1. Demands for performance
　・The right to voluntary performance which is not provided in the current law, and necessity to provide the grounds to limit the right to demand subsequent completion of performance and the right to demand performance.
　・Other issues to be discussed, and directions and points to remember for deliberation, etc.

2. Damages caused by non-performance of an obligation
　・The necessity of materialization and clarification of objective requirements for damages caused by non-performance of an obligation. (Whether manifestation of intention to cancel the contract is required as a requirement to claim compensation of damages caused by non-performance other than impossibility of performance, and the necessity to have a provision on claims for compensation of damages caused by refusal of performance.)
　・Whether the ground of responsibility of damages caused by non-performance of an obligation accrues from the principle of negligence liability or the binding effect of contracts.
　・The necessity to reform the provisions on the scope of damages (whether the standard of foreseeability should be adopted)
　・The necessity to have a provision on the standard time for calculating the amount of damages which is not provided in the current law.
　・The necessity to reform comparative fault.
　・The necessity to have a clear provision on profit and loss set-offs which is not provided in the current law.
　・The necessity to reform current provision which denies exemption of responsibility based on force majeure and compensation of damages which are stipulated based on the interest exceeding the statutory interest as to monetary obligation.
　・Other issues to be discussed, and directions and points to remember for deliberation, etc.

Materials

Material No.5-1 Items to be discussed for the Civil Code (law of obligations) reform (1) 【PDF】

Material No.6 Necessity and points to remember for the Civil Code (law of obligations) reform (Summary of opinions at the 1st & 2nd Meeting)【PDF】