34th Meeting (November 1st, 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.30 (distributed at the 32nd meeting) and Material No.31 (distributed at the 33rd meeting). Concrete issues discussed are as follows.

   1  Conditions and Due dates

      Conditions, and Due dates

   2  Calculation of time period

      General discussion (whether or not to stipulate in the Civil Code), Method of calculating time period in a retroactive way, and Review of the provision on the last date of time period.

   3  Extinctive prescription

      Period of prescription and starting point, and Ground to suspend the running of prescription period.

 

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

      ・ Issues included in “Conditions” (Material No.30, Part I, 1(1)-(3))

      ・ Issues included in “Due date” (Material No.30, Part I, 2(1) and (2))

      ・ “Method of calculating time period in a retroactive way” (Material No.30, Part II, 2).

      ・ Review of the provision on the last date of the time period (Material No.30, Part II, 3).

      ・ Among “Prescription period and its starting point,” “Extinctive prescription for periodic payments (Article 168 of the Civil Code)” and “Alteration of prescription period by an agreement” (Material No.31, Part I, 1(3) and (7)).

      ・ Among “Grounds for suspending the running of prescription,” (b) and (c) of “Grounds to renew prescription,” “Suspending the running of prescription based on parties’ negotiation and consultation” and “Other issues” (Material No.31, 2(1)b-c, (4), and (5)).

 

       Issues of deliberation listed after “Effect of prescription” (Part I, 3) on Material No.31 and issues of deliberation listed on Material No.32 were left to later meetings.

Material

  ・ Material No.32 Discussion on issues for reforming the Civil Code (law of obligations) (5) [under preparation]