11th Meeting(June 29,2010)

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. General conditions (definition and requirements)
・Necessity to stipulate a provision on general conditions in the Civil Code.
・Definition of general conditions.
・Necessity to make a general condition content of a contract.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

2. Regulation of unfair terms
・Necessity to stipulate provisions regulating unfair terms in the Civil Code.
・Necessity to regulate unfair terms as to contracts which use general conditions.
・Contents of general provisions regarding unfair terms (criterion, effects, etc.)
・Necessity to stipulate a list of terms that are regarded as unfair terms, and content of such list.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

3. Voidance and recision
・Necessity to stipulate a provision on partial voidance.
・Necessity to review provisions on effect of juridical acts which are void (scope of the claim for restitution, conversion of void acts, etc).
・Necessity to review provisions on the claim for restitution of a person with limited capacity when a juridical act is rescinded.
・Necessity to review provisions on confirmation of an act which is rescindable (requirements of confirmation, grounds for statutory confirmation)
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

Materials

Material No.13-1 Items to be discussed for the Civil Code (law of obligations) reform (8) 【PDF】

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