6th Meeting of the Second Sectional Meeting (October 30, 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.44 (distributed at the 53rd meeting) and No.48 (distributed at the 58th meeting). Concrete issues discussed are as follows.

   1 Lapse of loans for consumption due to commencement of bankruptcy proceedings before delivery of the subject matter (Material No.44, Part II, 1(3) (d)).

   2 General principles on “Liability duty for damages accrued from payment before the due date (waiver of the interest of time period)” (Material No.44, Part II, 4(2)(a))

   3 Exemption in case of financing consumer by the business on “Liability duty for damages accrued from payment before the due date (waiver of the interest of time period)” (Material No.44, Part II, 4(2)(b)).

(Above issues were left to sectional meetings at the 54th Meeting of the Study Group.)

   4 Clarification of the principle of unforeseeable changes of circumstances and how the basic requirements and effects should be (Material No.48, Part IV, 1).

   5 How the decision of the court should be in substance under novation of a contract (Material No. 48, Part IV, 2).

   6 Necessity of re-negotiation as a procedural requirement (Material No.48, Part IV, 3).

   7 Necessity of a provision on the relationship in between a claim for cancellation of a contract and a claim for novation of a contract (Material No. 48, Part IV, 4).

(Above issues were left to sectional meetings at the 60th Meeting of the Study Group.

Material

  Omitted.