3. Law of Property and Obligation
72 Waseda Bulletin of Comparative Law Vol. 34 of the procedures.
（Statute of Limitations） Under the Current Act, the filing for the administrative appeal must be made within 60 days from the date which a complainant become aware that the disposition is made. The revision extends this statute of limitations to 3 months（ Art. 18.）
（Abolishment of Appeal-First Principle） When a citizen is not satisfied with a disposition made by an agency, s/ he has two options to challenge the validity of the disposition: one is to file a lawsuit, and the other is to file an administrative appeal. However, before the revision of the Administrative Appeal Act, 96 laws requires citizens to file an appeal first before bringing the case to the court. Together with the revision of the Act, such Appeal-First Principle prescribed in each administrative law is abolished or partially abolished in 68 laws.
Editorial Note:
The Revision of the Administrative Appeal Act tries to ensure that administrative review procedures to be fair and easy to access. Fairness of the procedures are to be ensured by the newly-introduced Review Officer and Administrative Appeal Board system. It is intended that access to the procedures will be enhance by the simplification of the types of the appeal, establishment of standard duration, extension of the statute of limitations and partial abolishment of the Appeal-First Principle.
3. Law of Property and Obligation
The Tentative Draft of the Outline on the Civil Code Reform （Law of Obligations） August 26, 2014
Background:
S i n c e 2009 , t h e W o r k i n g G r o u p o n t h e C i v i l C o d e（ L a w o f Developments in 2014 ̶ Legislation & Treaties 73
Obligations）, which was established by the General Assembly of the Legislative Council of the Ministry of Justice, has prepared the Civil Code Reform（ Law of Obligations）. In April, 2011, the Working Group published “Interim Report of Points at Issue in the Civil Code（ the Law of Obligations） Reform” and in February, 2013, published “the interim draft for reforming the Civil Code （the Law of Obligations）.” This report and draft were subjected to the procedure for public comment. In August 26, 2014, the Working Group decided to publish the “Tentative Draft of the Outline on the Civil Code Reform（ Law of Obligations）” at the 96th meeting. This Tentative Draft contains 39 major headings and about 200 minor items. The contents range from the items which relate to the general provisions of the Civil Code, to the items which relate to the contracts.
Main Headings:
The main headings of the “Tentative Draft of the Outline on the Civil Code Reform（ Law of Obligations）” are as follows. 1. Public Policy 2. Mental Capacity 3. Manifestation of Intention 4. Agency 5. Nullity and Rescission of Acts 6. Condition and Time Limit 7. Extinctive Prescription 8. Object of Claim（ except Statutory Interest Rate） 9. Statutory Interest Rate 10. Right to Request Performance 11. Damages due to Default 12. Cancellation of Contracts 13. Risk Allocation 14. Obligee’s Delay in Acceptance 15. Obligee’s Subrogation Right 16. Obligee’s Right to Demand the Rescission of Fraudulent Acts 17. Claims and Obligations of Multiple-Parties 18. Guarantee Obligation 74 Waseda Bulletin of Comparative Law Vol. 34
19. Assignment of Claims 20. Securities 21. Assumption of Obligation 22. Transferring of Contracting Position 23. Performance 24. Setoff 25. Novation 26. Basic Principles on Contract 27. Offer 28. Standard Forms 29. Contracts for the Benefit of Third Parties 30. Sales 31. Gifts 32. Loans for Consumption 33. Leases 34. Loans for Use 35. Contracts for Work 36. Mandates 37. Employment 38. Deposits 39. Partnerships
Editorial Note:
After publishing of the “Tentative Draft of the Outline on the Civil Code Reform（ Law of Obligations）,” the Working Group published the “Draft of the Outline on the Civil Code Reform（ Law of Obligations）” at the 99th meeting in February 10, 2015. And then the Cabinet submitted the “Bill for Partial Amendment of Civil Code” to the Diet in March 31, 2015. If things go well, the Bill will pass the Diet this year. The process of reform of the Civil Code（ Law of Obligations）, which has been discussed since 2009 at the Legislative Council of the Ministry of Justice, will reach the final stage at last.