16th Meeting (October 19, 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 based on Material No.15-1 (distributed at the 14th Meeting), Material No.16-1 (distributed at the 15th Meeting), and Material No.17-1.

(Issues from Material No.15-1)
1.Gift
・Necessity to review requirements to form a gift contract (Civil Code Art.549).
・Necessity to clarify requirements of “in writing” for revocation of a gift contract not in writing (Civil Code Art.550).
・Necessity to stipulate a provision on warranty by donor (Civil Code Art.551(1)).
・Necessity to clarify the provision on encumbered gifts (Civil Code Art.551 (2) and 553).
・Necessity to clarify the provision on gifts on donor’s death (Civil Code Art.554).
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

(Issues from Material No.16-1)
1.Loans for Consumption
・Necessity to review the provision requiring delivery of money in order to conclude a contract for loans for consumption (Civil Code Art.587).
・Necessity to clarify regulation of interest rates (Civil Code Art. 590 (1)).
・Warranty of the lender in cases where there is a defect in the subject matter with regard to a loan for consumption (Civil Code Art.590).
・Necessity to establish a provision on responsibility of a borrower who makes return before the due date in case of a loan for consumption with interest.
・Necessity to establish a provision on linking of defense.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

(Issues from Material No.17-1)
1.General Discussion on Typical Contracts Rendering Services (Employment, Contracts for Work, Mandate, and Deposits)
・Necessity to review the whole structure of provisions on typical contracts rendering services.

2.Contracts for Work
・Necessity to stipulate provisions classified based on purpose of the contract for work.
・Whether the scope of application of provisions on contracts for work should be limited to a type of contracts in which the outcome of the work is tangible or delivery of the outcome is recognizable.
・Necessity to stipulate a provision on a duty of cooperation of the party ordering the work.
・Necessity to clarify timing of payment of remuneration (Civil Code Art.633).
・Necessity to stipulate a provision on warranty of the contractor.
・Necessity to clarify scope of damages when the party ordering the work exercises the right of voluntary cancellation (Civil Code Art.641)

* Discussion on issues from “Part 2, 7 Subcontract” to “Part 6 Deposits in Material No.17-1 were left to later meeting.

Material

Material No.17-1 Items to be discussed for the Civil Code (law of obligations) reform (12)[under preparation].