33rd Meeting (October 11th, 2011)

Agenda

  ・ Discussion on issues for reforming the Civil Code (law of obligations)

Summary of minutes

1 Discussion on issues for reforming the Civil Code (law of obligations)

Members discussed issues for reforming the Civil Code (law of obligations) based on Material No.29 (distributed at the 31st meeting). Concrete issues discussed are as follows.

    1　Voidance and Rescission

         Ratification of rescindable act, and Period of exercising the right of rescission.

    2　Representation

         Authorized representation, Apparent representation, Unauthorized representation, and Delegation of power.

     Among issues for deliberation, the following issues were left to sectional meetings for supplementary discussion:

      ・ Among “Authorized representation,” from “Defect in juridical act in representation (Article 101(1) of the Civil Code) to “Scope of the authority of representation” (Material No.29, Part III, No.1(1)-(4)).

      ・ Among “Apparent authority,” “Indication of granted authority of representation and the provision of manifestation of intention,” “the representative’s ‘authority’,” “Subject of ‘without-knowledge’,” “Burden of proof of without-knowledge and without-negligence,” and “Cumulative application” (Material No.29, Part III, No.2(1)a, (2)a, (3) a-b, and (5)).

      ・ Among “Unauthorized representation,” “Unauthorized representation and succession” (Material No.29, Part III, No.3(2)).

Issues of deliberation listed on Material No.30 and 31 were left to later meetings.

2 Report

The Chair reported that the following issues, which were left to sectional meetings for deliberation, would be deliberated at the first sectional meeting.

      ・ How the provision of third-party protection should be (Material No.27, Part III, 1 (2), 2(1), and 3 (6); Material No.29, Part I, 1(3)).

      ・ Among “Arrival of manifestation of intention and the capacity to receive it,” “When manifestation of intention should be regarded as being received” (Material No.29, Part I, 3(3)).

      ・ Among “Effects of void juridical acts,” “Scope of the claim to return” (Material No.29, Part II, 3(2)).

      ・ Among “Authorized representation,” from “Defect in juridical act in representation – General rule(Article 101(1) of the Civil Code)” to “Scope of the right of representation (Article 103 of the Civil Code)” (Material No.29, Part III, 1(1)-(4)).

      ・ Among “Apparent representation,” “Indication of granted authority of representation and the provision of manifestation of intention,” “Subject of ‘without-knowledge’,” “Burden of proof of ‘without-knowledge’ and ‘without-negligence’,” and “Cumulative application” (Material No.29, Part III, 2(1)a, (2)a, (3)a-b, and (5)).

      ・ Among “Unauthorized representation,” “Unauthorized representation and succession.” (Material No.29, Part III, 3(2)).

Material

  ・ Material No.31 Discussion on issues for reforming the Civil Code (law of obligations) (4) [under preparation]