7th Meeting(April 13,2010)

Civil Code Reform

Agenda

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. Assignment of claims
・Necessity to review effects of special provisions on the prohibition of claims assignment.
・Necessity to review perfection requirements with regard to the assumption of a claim
・Necessity to review the rule to intercept defences through the obligor's acknowledgment without objection
・Necessity to stipulate a provision on assignment of a future claim (necessity of a provision that assignment of a future claim is effective, and limitation of defences of a future claim assignment accompanied with transfer of the status of the assignor).
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

2. Securities-like claims
・Necessity to stipulate provisions on securities-like claims.
・Necessity to stipulate provisions generally governing securities-like claims (including provisions generally governing negotiable instruments).
・Necessity to stipulate provisions on negotiable instrument that discharges the payer.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.


Issues to be discussed on assumption of obligation and transfer of contractual status were left to subsequent meetings.

Materials

Material No.9-1 Items to be discussed for the Civil Code (law of obligations) reform (4) 【PDF】