36th Meeting (November 29th, 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.31 (distributed at the 33rd meeting). Concrete issues discussed are as follows.

  1  Extinctive prescription

  2  Subject of claims

 

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

    Among “Effects of prescription,” “Effects vis-à-vis a person other than the obligor (a person holding the right to invoke prescription)” (Material No.31, Part I, 3(2))

    “Other extinctive prescription of property rights” (Material No.31, Part I, 5)

    “Influence to acquisitive prescription” (Material No.31, Part I, 5(2))

    “Identification of subject matter of fungible claim” (Material No.31, Part II, 4(1))

    Among “statutory interest rate,” “Necessity to review the interest rate and introduction of variability system” and “Deduction of the intermediate interest” (Material No.31, Part II, 5(1) and (2))

    “Alternative claims” (Material No.31, Part II, 6)

 

   Issues of deliberation listed in Material No.32 and No.34 were left to later meetings.

2.  Report

  (1) The summary of the 1st meeting of the First Sectional Meeting, which was held on November 8, 2011, was briefly reported.

  (2) The chair reported that the issues on “extinctive prescription” which were decided to be left to sectional meetings would be deliberated at the Second Sectional Meeting.

Material

Material No.34 Discussion on issues for reforming the Civil Code (law of obligations) (6) [under preparation]