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Civil Code Publicity Month Event Learn the Civil Code

2024-05-14

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Civil Code Publicity Month Event Learn the Civil Code

May 1-31
This year's Civil Code Promotion Month
The theme of the publicity is "Good Life · Civil Code Accompanied"
Let's study the Civil Code.
 

Q1

What is included in the Civil Code?

The Civil Code consists of 7 articles and 1260 articles, including general provisions, property rights, contracts, personality rights, marriage and family, inheritance and tort liability.

Q2

Why is the Civil Code a "social life"?

Encyclopedia "?

The scope of civil law to adjust social relations is very wide, it regulates the personal and property relations between all kinds of civil subjects, involving people's clothing, food, housing, transportation, birth, old age, sickness and death, production and management and other aspects of social and economic life, is an encyclopedia of social life.

Q3

When will the Civil Code be implemented?

The Civil Code was considered and adopted at the third session of the 13th National People's Congress on May 28, 2020.January 1, 2021come into effect.

Q4

What is the role of the General Provisions of the Civil Code?

Article 1 of the Civil Code stipulates that in order to protect the legitimate rights and interests of civil subjects, adjust civil relations, maintain social and economic order, meet the requirements of the development of socialism with Chinese characteristics, and promote socialist core values, this law is formulated in accordance with the Constitution. From this, it can be seen that the General Principles are the preamble and general outline of the Civil Code, which establish the basic system and framework of the Civil Code, stipulate the basic principles and general rules that must be followed in civil activities, and govern the various chapters of the Civil Code.

Q5

What is the principle of equality in the Civil Code?

Article 4 of the Civil Code provides that,The legal status of civil subjects in civil activities is equal.The principle of equality means that when civil subjects engage in civil activities, they are equal to each other in legal status. No party may impose its will on the other party, and their legitimate rights and interests are equally protected by the law. The principle of equality is the premise and foundation of civil law and the logical starting point for national legislation to regulate civil legal relations.

Q6

What is the principle of voluntariness in the Civil Code?

Article 5 of the Civil Code provides that,Civil subjects engaged in civil activities shall follow the principle of voluntariness and establish, change and terminate civil legal relations in accordance with their own will.The principle of voluntariness, also known as the principle of autonomy, means that civil subjects have the right to engage in civil activities voluntarily according to their own wishes, to decide on the content of civil legal relations and their establishment, change and termination according to their own will, and to consciously bear the corresponding legal consequences.

Q7

What is the principle of equity in the Civil Code?

Article 6 of the Civil Code provides that,When a civil subject engages in civil activities, it shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.The principle of fairness means that civil subjects should uphold the concept of fairness when engaging in civil activities, fairly, fairly and reasonably determine the rights and obligations of all parties, and bear corresponding civil liabilities in accordance with the law.

Q8

What is the principle of good faith in the Civil Code?

Article 7 of the Civil Code provides that,Civil subjects engaged in civil activities should follow the principle of good faith, uphold honesty and abide by their commitments.The principle of good faith means that when all civil subjects engage in any civil activities, including the exercise of civil rights, the performance of civil obligations, and the assumption of civil liability, they should uphold honesty, good faith, no deception, no deception, no words and deeds, and keep their promises.The principle of good faith is the most important basic principle of civil law.It is called the "imperial clause" of civil law ".

Q9

The Principles of Law-abiding and Public Order and Good Customs in the Civil Code

What is it?

Article 8 of the Civil Code provides that,Civil subjects engaged in civil activities shall not violate the law, public order and good customs.The principle of law-abiding and public order and good customs means that natural persons, legal persons and unincorporated organizations must not violate the mandatory provisions of various laws, public order and good customs when engaging in civil activities. Public order and good customs are composed of the two concepts of "public order" and "good customs", which require civil subjects to abide by social public order and follow the moral standards generally recognized by members of social subjects.

Q10

What is the Green Principle in the Civil Code?

Article 9 of the Civil Code provides that,Civil activities conducted by civil subjects shall be conducive to the conservation of resources and the protection of the ecological environment.The green principle means that civil subjects engaged in civil activities should be conducive to saving resources and protecting the ecological environment. The green principle embodies the new development concept since the 18th National Congress of the Communist Party of China, and is a pioneering work of great significance.

Q11

What civil rights do natural persons have?

Article 109 of the Civil Code provides that the personal freedom and dignity of natural persons are protected by law. Article 110, paragraph 1, stipulates that natural persons enjoy the rights of life, body, health, name, portrait, reputation, honor, privacy, and marriage autonomy. Article 113 provides that the property rights of civil subjects are equally protected by law.

Q12

Usually, to the people's court to request the protection of civil

What is the statute of limitations period for rights?

Article 188, paragraph 1, of the Civil Code provides that,The limitation period for requesting protection of civil rights from a people's court is three years.Where the law provides otherwise, such provisions shall prevail. The society is developing, and the methods and types of economic transactions are also constantly innovating. The general limitation period has been extended from the original two years to three years, which can better protect the civil rights of the right holders. The period of limitation of action shall be calculated from the date on which the obligee knew or should have known of the damage to the right and the obligor.

Source: Bureau of Law Popularization and Legal Governance, Ministry of Justice

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