62nd Meeting (November 13, 2012)


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

Summary of minutes

1.  Supplemental discussion on issues for reforming the Civil Code (law of obligations)

   Among the issues deliberated at the last meeting, the following issues were left to further discussion at a sectional meeting.

      Set-off (No. 5, Material No.50)


   The secretariat explained the policy of preparing materials for the middle draft proposal (chukan shian) based on Material No.51 (distributed at the 61st meeting) as follows.

      When the public-comment procedure is commenced after completing the discussion for the middle draft proposal, the secretariat plans to disclose the draft proposal, its detailed explanation, and “the middle draft proposal (with summary)” to the public.

      The secretariat aims to put on “the middle draft proposal (with summary)” sections of “summary” for each item of the proposal and make simple and easy-to-understand explanation on the purpose of reform.

      “Working draft for the middle draft proposal” which is planned to be distributed at the meetings after December will be basically made in the form of “the middle draft proposal (with summary),” but it will include sections on “remarks” and “issues not dealt” for the purpose of deliberation.

      Material No.51 was prepared as a sample of “the Working draft for the middle draft proposal.”


   The members subsequently made supplemental discussion taking account of the deliberation at the past meetings and sectional meetings based on Material No.51.  Concrete issues are as follows:

      Right of the subrogation of the oblige

      Right to request avoidance of a fraudulent act


2.  Report

    The Chair reported that the issues which were decided to left to sectional meetings for supplementary discussion would be deliberated at the Third Sectional Meeting