17th Meeting (October 26, 2010)

Civil Code Reform

Agenda

Summary of minutes

Members discussed on the following individual items relating to the Civil Code (law of obligations) reform based on Material No.17-1 (distributed at the 16th Meeting).

1．Contracts to Produce Work
・Whether to stipulate provisions regulating subcontracts.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

1．Mandate
・Necessity to revise provisions on obligations of mandatary (Civil Code Art.644-647).
・Necessity to revise provisions on obligations of mandatory (Civil Code Art.650 (2), (3)).
・Necessity to revise regulations on remuneration.
・Review of provisions on conclusion of mandate.
・Whether the scope of quasi-mandate should be limited to non-legal business with a third party (Civil Code Art.652).
・Whether new provisions on special types of mandate such as mediated contracts or intermediary contracts should be stipulated.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

2．Provisions for Contracts Rendering Services in lieu of Quasi-Mandate
・Necessity for stipulating provisions on basic obligations of service providers.
・Necessity for stipulating provisions on obligations of service receivers.
・Whether new provisions regulating remunerations should be established.
・How to regulate the right of voluntary cancellation.
・How to regulate an occasion where the bankruptcy proceedings have commenced as to the service reviver.
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

1．Employment
・Necessity to clarify regulations on remuneration.
・Whether the provision on cancellation of employment with indefinite term should be deleted (Civil Code Art.626).
・Whether the provision on presumption on renewal of employment should be revised (Civil Code Art. 629).
・Other issues to be discussed, and directions and points to remember for deliberation, etc.

1．Method to Compose Provisions on Contracts Rendering Services
・Whether general provisions on contracts rendering services which are applicable to all types of contracts rendering services should be established.

* Discussion on “6. Deposits” in Material No.17-1 was left to later meeting.