42nd Meeting (March 6, 2012)

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. 35 (distributed at the 39th meeting). Concrete issues discussed are as follows.

       ・ Right to request avoidance of fraudulent act

 

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

       ・ Provision which does not require knowledge of the obligor and the beneficiary (Material No.35, Part II, 2(3)(iii)(a))

       ・ Acts to fulfill requirements for perfection (Material No.35, Part II, 3(4)(ii))

       ・ Method of recovery based on lost property (Material No.35, Part II, 3(4)(ii))

       ・ Relationship between the avoided obligee and the obligor (the right to claim reimbursement of expenses) (Material No.35, Part II, 4)

       ・ Treatment of the counter-performance of the beneficiary (Material No.35, Part II, 5(2))

       ・ Relationship with the obligor and the subsequent acquire  (Material No.35, Part II, 6)

       ・ Succession of a suit to request avoidance of a fraudulent act by the bankruptcy trustee (Material No.35, Part II, 7)

 

  The issues for deliberation listed in Material No.36 and No.37 were left to later meetings.

 

2  Report

    The summary of the second meeting of the Third Sectional Meeting was reported. The Chair reported that the issues which were decided to left to sectional meetings for supplementary discussion would be deliberated at the Second Sectional Meeting.

Materials

 Omitted.