3rd Meeting of the Second Sectional Meeting (May 15th, 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 No.35 (distributed at the 39th meeting). Concrete issues discussed are as follows.

    1 Notice in case of exercising the right of subrogation, and notice of suit in case of filing a subrogation action (Material No.35, Part I, 6)

    2 Attachment after filing a subrogation action (Material No.35, Part I, 7)

    3 Participation to a subrogation action (Material No. 35, Part I, 8)

    4 How an action for avoidance of a fraudulent act should be (Material No.35, Part II, 1(2))

(Above issues were left to sectional meetings at the 41st Meeting of the Study Group.)

    5 Among “Gratuitious acts,” Provision which does not require knowledge of the obligor and the beneficiary (Material No.35, Part II, 2(3)(iii)(a))

    6 Acts to fulfill requirements for perfection (Material No.35, Part II, 3(4)(ii))

    7 Method of recovery based on lost property (Material No.35, Part II, 3(4)(ii))

    8 Relationship between the avoided obligee and the obligor (the right to claim reimbursement of expenses) (Material No.35, Part II, 4)

    9 Among “Relationship with the obligor and the beneficiary,” Treatment of the counter performance of the beneficiary (Material No.35, Part II, 5 (2))

(Above issues were left to sectional meetings at the 42nd Meeting of the Study Group.)

 

Material

  Omitted.