74th Meeting (July 16, 2013)

Agenda

1.         Summary of the result of public comment on the interim draft 2013 for reforming the Civil Code (law of obligations).

2.         Schedule for the third stage deliberation.

3.         Discussion for the completion of the interim report for the Civil Code (law of obligations) Reform (1).

Summary of minutes

1.         Summary of the result of public comment on the interim draft 2013 for reforming the Civil Code (law of obligations).

The Secretariat reported that, as a result of public comment for the interim report 2013, 194 organizations and 469 individuals submitted an opinion (the numbers are quick estimation).

Summary of these opinions will be reported by preparing brief papers (Material No.64-2 and after) so that it could be used for deliberation of individual topics at the third stage.

Summary of general opinions which were given through public comment was introduced by Material No. 64-1.

2.         Schedule for the third stage deliberation.

The Secretariat explained the schedule of the third stage as follows: (1) The purpose of the third stage is to complete the interim report; (2) the interim report should be completed by the time that the report could be submitted to the Legislated Council in February 2015; and (3) prior to completion of the interim report, the “interim draft report” should be completed by July 2014.

The result of the study, “Report on the Study of How Practice on the System of Requirement for Perfection and the Registration System of Claims Assignment Should Be”, which was commissioned by the Ministry of Justice was presented.

債権譲渡の対抗要件制度等に関する実務運用及び債権譲渡登記制度等の在り方についての調査研究報告書【PDF】 (Japanese only)

3.         Discussion for the completion of the interim report for the Civil Code (law of obligations) reform (1)

The Study Group started the third stage deliberation.  The members discussed the issues for the Civil Code (law of obligations) Reform based on Material No.63 and 64-2. Concrete issues discussed were as follows:

·          General period and commencement point for extinctive prescription of claims.

·          Extinctive prescription of the claim for damages based on tort (Article 724 of the Civil Code).

·          Extinctive prescription of the claim for damages based on life or physical invasion.

·          The system of requirement of perfection for claims assignment.

 

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Materials