5th Meeting of the Second Sectional Meeting (September 4, 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.40 (distributed at the 48th meeting) and No.42 (distributed at the 50th meeting). Concrete issues discussed are as follows.

  1 Among “Clarification of requirements and effects of novation,” “Clarification of ‘the element of an obligation’.” (Material No.40, Part I, 1(1))

  2 Review of provisions on release (Material No.40, Part II, 1)

  (Above issues were left to sectional meetings at the 48th Meeting of the Study Group.)

  3 Contents of requirements for incorporation of general conditions (Material No.42, Part II, 3).

  4 Alternation of general conditions (Material No.42, Part II, 4).

   (Above issues were left to sectional meetings at the 50th Meeting of the Study Group.)

  5 Clarification of the scope of application (Material No.44, Part I, 2).

  6 Revocation on the ground of breach of a trust (cancellation) (material No.44, Part I, 7 (2)).

  7 The second paragraph of ‘Special provisions on the duty of the donee to restore to original state due to cancellation’ (Material No. 44, Part I, 7 (3).

  8 Application mutatis mutandis to gratuitous contracts (Material No. 44, Part I, 7 (4)).

　　(Above issues were left to sectional meetings at the 53rd Meeting of the Study Group.)

Material

 Omitted.