38th Meeting (December 20, 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.34 (distributed at the 36th meeting). Concrete issues discussed are as follows.

      1  Damages caused by non-performance of an obligation

      2  Liquidated damages (Article 420 and 421 of the Civil Code)

 

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

    ・ “General rule on the standard time to calculate the amount of damages and the rule to calculate the amount of damages” (Material No.34, Part I, 1(4))

    ・ Among “Comparative negligence,” “Requirements” (Material No.34, Part I, 2(1))

    ・ “Profit and loss set-off” (Material No.34, Part I, 3)

    ・ Among “Special provisions for monetary obligation,” “Special provision for requirement: exemption due to force majeure” and “Special provision for effect: compensation of damages exceeding interests” (Material No.34, Part I, 4 (1) and (2))

 

   Among issues for deliberation listed after “cancellation of contracts” (Part III) in Material No.34 were left to later meetings.

 

2.  Report

   The chair reported that among the issues relating to “damages due to non-performance” which were decided to leave to sectional meetings at today’s meeting would be deliberated at the Third Sectional Meeting.