5th Meeting of the First Sectional Meeting (July 24, 2012)

Agenda

 Discussion on issues for reforming the Civil Code (law of obligations)

Summary of minutes

 Members discussed issues for reforming the Civil Code (law of obligations) based on Materials No.39 (distributed at the 46th meeting) and No.43 (distributed at the 52nd meeting). Concrete issues discussed are as follows.

 1  Clarification of legal relations concerning substitute payment (Material No.39, Part I, 5).

   (Above issue was left to this sectional meeting at the 46th Meeting of the Study Group.)

 2  Among “Appropriation of the payment (Articles 488 to 491 of the Civil Code)”, Clarification of regulations on appropriation of the payment (Material No.39, Part I, 7 (1)).

 3  Among “Subrogation through payment,” Treatment of the original claim when the payer substitutes the position, Clarification of provisions on the relationship between statutorial substitutes, Requirements and effects of subrogation through partial payment, and Obligation of the oblige (Material No.39, Part I, 10 (2) – (5)).

   (Above issues were left to this sectional meeting at the 47th Meeting of the Study Group.)

 4  Warranty for the auction (Material No. 43, Part II, 3)

   (Above issues were left to this sectional meeting at the 52nd Meeting of the Study Group.)

Material

 Omitted.