37th Meeting (December 13, 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.32 (distributed at the 34th meeting). Concrete issues discussed are as follows.

   1  Right to demand performance

   2  Damages caused by non-performance of an obligation

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

   ・ “Treatment of Article 414 of the Civil Code (Enforcement of performance)” (Material No.32, Part I, 2)

   ・ “Limitation of the right to demand performance” (Material No.32, Part I, 3)

   ・ “Requirement of the form of non-performance when damages due to impossibility of performance should be covered by the obligor (Article 415 of the Civil Code)” (Material No.32, Part II, 1(1))

   ・ “Procedural requirement when damages due to non-performance should be covered by the obligor other than above (1)” (Material No.32, Part II, 1(2))

   ・ “How provisions on the requirements for exemption from damages due to non-performance in general should be stipulated” (Material No.32, Part II, 2(2))

    Issues for deliberation listed in Material No.34 were left to later meetings.

2.  Report

  (1) The summary of the 1st meeting of the Second Sectional Meeting, which was held on December 6, 2011, was briefly reported.

  (2) The chair reported that the following issues, which were left to sectional meetings, would be deliberated at the Third Sectional Meeting.

   ・ 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)

   ・ “Limitation of the right to demand performance” (Material No.32, Part I, 3)

   ・ “Requirement of the form of non-performance when damages due to impossibility of performance should be covered by the obligor (Article 415 of the Civil Code)” (Material No.32, Part II, 1(1))

   ・ “Procedural requirement when damages due to non-performance should be covered by the obligor other than above (1)” (Material No.32, Part II, 1(2))

   ・ “How provisions on the requirements for exemption from damages due to non-performance in general should be stipulated” (Material No.32, Part II, 2(2))

  The summaries of “Study on typical forms of contracts taken in account of international trend of civil code reform” and “Study on trend of judicial decisions on new types of contracts,” which were both conducted upon commission by the Ministry of Justice, were reported.