5th Meeting(March 9,2010)

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. Right of subrogation of the obligee
・Subrogation right in the original form (its necessity, and appropriateness of prioritized payment in effect) and its system design.
・Subrogation right in a diversion form.
・Necessity to clarify provisions on its requirements and effects.
・Necessity to stipulate a provision that consider the status of a third obligor.
・Necessity to stipulate a provision on the subrogation action.
・Appropriateness to abolish judicial subrogation.
・Other issues to be discussed, direction of deliberation, points to remember, etc.

2. Right to request avoidance of fraudulent acts
・Legal nature of the right to request avoidance of fraudulent acts (the method to recover nonexempt property of the obligor, and appropriateness to make the obligor the defendant of the avoidance action in order to make the effect of avoidance reaching the obligor).
・Necessity to review provisions on its requirements (especially, necessity to clarify provisions considering consistency with the requirements of the avoidance right under the insolvency law).


A part of issues to be discussed on the right to request avoidance of fraudulent acts was left to the 6th meeting.

Materials

Material No.7-1 Items to be discussed for the Civil Code (law of obligations) reform (2) 【ＰＤＦ】