25th Meeting (March 8, 2011)

Civil Code Reform


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.25.  Concrete topics for the discussion are as follows:


 1 Demand for performance

 2 Damages caused by non-performance of an obligation

 3 Cancellation of contracts

 4 Assumption of risk

 5 Delay in acceptance

 6 Other new provisions

 7 Right of subrogation of the obligee

 8 Right to request avoidance of fraudulent acts

 9 Claims and obligations of multiple parties (excluding guarantee obligations)

10 Guarantee obligations

11 Assignment of claims

12 Provisions on securities-like claims

13 Assumption of obligations

14 Transfer (assignment) of contractual status

15 Payment

16 Set-off

17 Novation

18 Release and merger

19 Necessity to correspond to sophisticated and complex situation of means of settlement (About the issue on settlement among multiple parties)

20 General principles on contracts

21 Stage of contract negotiation

22 Offer and acceptance

23 Advertisements offering prizes

24 General conditions (definition and requirements)

25 General principles on juridical acts

26 Mental capacity

27 Manifestation of intention

28 Regulation of unfair terms


Material No.25 Working draft for the interim report of points at issue on the Civil Code (law of obligations) reform (1)(2)revised version [under preparation].