13th Meeting (July 27, 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. Representation
・Necessity to review provisions on apparent representation (clarification of regulations on occasions where provisions of manifestation of intention are applied to manifestation of the authority of representation under Article 109; clarification of the scope of persons without knowledge under Article 112).
・Necessity to review provisions on representation without authority (clarification of regulations on occasions where the same person has dual legal status of the principal and an unauthorized representative).
・Whether a new provision is necessary on authorization, and the content of such provision, if necessary.

2. Assumption of obligations
・Necessity to stipulate provisions on assumption of obligations.
・Requirements and effects of concomitant assumption of obligations.
・Requirements and effects of exemptive assumption of obligations

3. Transfer of the contractual status
・Necessity to stipulate a provision on transfer of the contractual status.
・Requirements and effects of transfer of the contractual status.
・Necessity of the system of perfection requirements for transfer of the contractual status

4. Release and merger
Review of provisions on release.

5. Necessity to modernize the Civil Code in order to correspond to highly developed and complex settlement (about the issue of settlement amoung multiple parties)