9th Meeting(May 18,2010)

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. Basic principles on contract
・Necessity to stipulate the principle of the freedom of contract in the text of law.
・Necessity to stipulate general provisions on formation of contract.
・Necessity to stipulate provisions on effect of contract which is initially impossible.
・Necessity to stipulate provisions which materialize the principle of faith and trust under relations of claims and obligations.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

2. Contractual negotiation stage
・Necessity to stipulate provisions on unfair breakoff of contractual negotiation
・Necessity to stipulate provisions on the duty of provision of information and the duty of explanation in the process of concluding a contract.
・Necessity to stipulate provisions on the responsibility of the negotiating parties over the acts of the third party being involved in the negotiation.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

3. Offer and acceptance
・Necessity to stipulate provisions on the concepts of offer and acceptance.
・Necessity to arrange provisions on offer with a fixed term for acceptance.
・Necessity to arrange provisions on an offer without a fixed term for a party at a distance.
・Necessity to stipulate provisions on an offer between persons engaging in a dialogue.
・Necessity to clarify provisions on formation of a contract in case of death or lost of capacity to act of the offeror after making an offer.
・Appropriateness of changing from the principle of postal rule to the principle of arrival rule with regard to the time of forming a contract between persons at a distance.
・Necessity to review provisions on an acceptance adding modifications to the offer.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

4. Advertisements offering prizes
・Necessity to stipulate provisions on cases where a person performed the designated act without knowledge of the advertisement offering prizes.
・Necessity to review provisions on effects and revocation of advertisements offering prizes.
・Necessity to review provisions on rights to receive fees of the advertisement offering prizes.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.


Issues to be discussed on general conditions (definitions and requirements) were left to subsequent meetings.

Materials

Material No.11-1 Items to be discussed for the Civil Code (law of obligations) reform (6) 【PDF】