The the People's Republic of China Civil Code (hereinafter referred to as the Civil Code) has been officially implemented since January 1, 2021. The promulgation and implementation of the Civil Code is of great significance. Many of the new regulations and articles are closely related to our lives. These are the contents that we need to be familiar.
Eight Important Knowledge Points of 1. General Provisions
1. The fetus has the right of inheritance
Where the protection of the interests of the fetus, such as inheritance and acceptance of gifts, is involved, the fetus shall be deemed to havecapacity for civil rights. However, if the fetus is dead at the time of delivery, its capacity for civil rights does not exist from the beginning. (Article 16)
2. Eight-year-old children can "play soy sauce"
Minors over the age of eight are persons with limited capacity for civil conduct, and their legal representatives shall act on their behalf or with the consent and ratification of their legal representatives, but they may independently carry out civil legal acts for pure profit or civil legal acts suitable for their age and intelligence. (Article 19)
3. Adults also become persons with limited civil capacity.
An adult who cannot fully identify his own behavior is a person with limited capacity for civil conduct, and the implementation of civil legal acts is represented by his legal representative or with the consent and ratification of his legal representative, but he can independently perform civil legal acts for pure profit or his intelligence, Civil legal acts compatible with mental health status. (Article 22)
4. Legal persons of grass-roots mass autonomous organizations are special legal persons.
Residents' committees and villagers' committees have the legal personality of grass-roots mass self-governing organizations and may engage in civil activities necessary for the performance of their functions. If no village collective economic organization has been established, the villagers committee may perform the functions of the village collective economic organization in accordance with the law. (Article 101)
5. Personal information and network virtual property are protected
Personal information of natural persons is protected by law. Any organization or individual who needs to obtain the personal information of others shall obtain and ensure the safety of the information in accordance with the law, and shall not illegally collect, use, process or transmit the personal information of others, or illegally trade, provide or disclose the personal information of others. (Article 111)
Where the law provides for the protection of data and network virtual property, such provisions shall be followed. (Article 127)
6. No civil liability for non-gross negligence.
If one suffers damage as a result of protecting the civil rights and interests of others, the infringer shall bear civil liability and the beneficiary may give appropriate compensation. If there is no infringer, the infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation. (Article 183)
The rescuer shall not bear civil liability for the damage caused to the recipient by voluntary emergency relief. (Article 184)
7.Extension of statute of limitationsto three years
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. (Article 188)
8. Minors who have been sexually assaulted can be prosecuted as adults.
The limitation period of action for the right to claim damages for sexual abuse of minors shall be calculated from the date on which the victim reaches the age of 18. (Article 191)
7 Important Knowledge Points of 2. Property Rights
Attachment refers to the binding of different human beings to form an inseparable object or an object with the properties of a new object. The Civil Code provides for three forms of attachment, such as processing, material production, building additions, and house decoration. (Article 322)
10. Three powers-land management rights are coming.
to adapt."separation of three powers"After the need for land management rights to enter the market, the" Civil Code "property rights to increase the provisions of land management rights, and delete the use of cultivated land can not be mortgaged provisions. (Articles 399, 361 and 363)
11. Improve the system of separate ownership of buildings.
Appropriately lower the voting threshold for matters jointly decided by the owners, especially the use of funds for the maintenance of buildings and their ancillary facilities, and increase special procedures for the use of maintenance funds in emergency situations. (Articles 278 and 281)
12. Refine the rules for the automatic renewal of the right to use residential construction land.
The Civil Code provides for the automatic renewal of the right to use residential construction land upon expiration, which is conducive to the protection of the legitimate rights and interests of housing property owners. The "Property Law" stipulates that the use period is up to 70 years. If you continue to use it, you need to sign a contract and pay a fee. Whether to pay fees, how much to pay fees and so on, the Civil Code authorizes separate laws and administrative regulations to provide for later. (Article 359)
13. The right of residence into the law to achieve the best use of things.
In order to speed up the establishment of a multi-subject supply and multi-channel housing security system, a new type of usufructuary right of "right of residence" is added, and it is clear that the right of residence is established free of charge in principle, and the right holder has the right to occupy and use other people's houses in accordance with the contract or will, so as to meet his stable living needs. (Part II, Chapter XIV)
14. Towards the unification of the registration system for pledges of movable property and pledges of rights
The contents of the specific registration institution for movable property pledge and right pledge in the Property Law have been deleted, leaving room for the establishment of a unified registration system for movable property pledge and right pledge in the future. (Articles 492 and 427)
15. Expanding the scope of security contracts
In order to provide legal protection for optimizing the business environment, the Civil Code further improves the security right system on the basis of the current property law, clarifies the guarantee function of atypical guarantee contracts such as financial leasing, factoring, and retention of ownership, and adds provisions to guarantee contracts Including mortgage contracts, pledge contracts and other contracts with guarantee functions (Article 388, paragraph 1)
Six Important Knowledge Points of 3. Contract Compilation
16. Electronic contracts open the paperless era
In order to adapt to the rapid development of e-commerce and the increasing demand for online shopping, the Civil Code stipulates that data messages also have legal effect, which means that paper contracts will gradually withdraw from the Internet era. (Article 512)
17. There is a reason to say no to the overseer.
In view of the problems that seriously interfere with the transportation order and endanger the transportation safety, such as passenger seat dominance and failure to cooperate with the carrier to take safety measures in the field of passenger transport contract in recent years, the civil code refines the rights and obligations of the parties to the passenger transport contract. (Article 815, paragraph 1, Article 819, Article 820)
18. Say "No" to the overlord clause of merchants"
The Civil Code of "Prohibition of bringing your own drinks" and "Special offers and promotional goods are not refundable" improves the system of format clauses. (Articles 491, 495 to 498)
19. Don't be afraid of property disputes, property service contracts to protect rights
In view of the outstanding problems in the field of property services, the Civil Code has added provisions on property service contracts to provide a legal basis for ordinary people to resolve property disputes. (Part III, Chapter 24)
20. "Borrow 10,000 and repay 100,000", don't be afraid of the online loan routine.
In view of the problem of usury, which has been strongly reflected by all walks of life in recent years, the draft clearly stipulates that usury is prohibited and the interest rate of borrowing shall not violate the relevant provisions of the state. (Article 680 (1))
21. The house is auctioned, where is the tenant's home?
In order to implement the requirements of the Central Committee of the Communist Party of China to establish a housing system with the same right to rent and purchase, and to protect the interests of tenants, the Civil Code has added provisions on the priority of housing tenants. (Article 734 (2))
In addition, in order to meet the needs of the development of China's factoring industry and the optimization of the business environment, the Civil Code has added factoring contracts (Chapter 16 of Part III); in order to further strengthen the protection of creditors, the Civil Code has refined the system of transfer of creditor's rights and debt transfer, increased the rules of debt settlement and offset, and improved the contract termination system (Chapter 5 of Part III); on the basis of summarizing the practical experience of the current contract law, the Civil Code has perfected the contract of sale (Articles 622, 623, 641 to 643) by perfecting the provisions of the inspection period and the rules of retention of ownership. In order to meet the needs of reality, the Civil Code has absorbed the provisions of the Guarantee Law on guarantee and deposit rules, added guarantee contracts and improved the liability system for breach of contract (Part III, Chapter 13, Articles 586 to 588)
Seven Important Knowledge Points in the Compilation of 4.'s Right to Human
Establishing the Basic Rules of Organ Donation
In view of the current phenomenon of forced, deceptive and inducement of human organ donation by organizations or individuals, the Civil Code stipulates that if a person with full capacity for civil conduct agrees to donate organs, it shall be in written form or in the form of a will. If the natural person has not expressed his disagreement with the donation before the natural person dies, his spouse, adult children, and parents may jointly decide to donate, and the decision to donate shall be in writing. (Article 106)
23. Prevention of sexual harassment: clarifying the responsibilities of institutions, enterprises and schools
In recent years, sexual harassment has become a hot topic of social concern. A survey shows that this problem is common in enterprises, schools and other units, and crowded public places such as subway stations, buses, and restaurants are also places where sexual harassment occurs frequently. In this regard, the "Civil Code" stipulates the identification standards of sexual harassment, as well as the obligations of agencies, enterprises, schools and other units to prevent and stop sexual harassment. (Article 1010)
24. The right to name, the expansion of the right to name protection.
It is clear that for pen names, stage names, net names, etc. that have a certain social reputation and are used by others to cause public confusion, refer to the relevant provisions on the protection of name rights and name rights. (Article 1017)
25. Prohibition of Illegal Collection of Personal Information
In response to the use of information technology to "deeply forge" the portraits and voices of others, infringe on the personality rights of others, and even endanger the public interests of the society, it is stipulated that any organization or individual is prohibited from using information technology to forge and other methods to infringe on the portrait rights of others. (Article 1019)
26. The "theme party" and "follow the trend party" may bear civil liability.
Provisions are made on the civil liability involved in the actor's implementation of news reports, supervision by public opinion, etc., and the determination of whether the actor has fulfilled his obligation of reasonable verification (Articles 1025 and 1026)
27. Violations of privacy concretized
With the development of the information age, the means of infringing upon the right to privacy are becoming more and more hidden and diverse. This time, the Civil Code keeps pace with the times, stipulates the definition of privacy, and sets out the specific acts that prohibit infringing upon the right to privacy of others. (Articles 1,032 and 1,033)
28. The openness of the connotation of personal information.
It clarifies the principles and conditions that should be followed in handling personal information, constructs the framework of basic rights and obligations between natural persons and information processors, reasonably balances the relationship between the protection of personal information and the maintenance of public interests, and stipulates that state organs and their staff have the obligation to protect the privacy and personal information of natural persons. (Articles 1,034 to 1,039)
Eight Important Knowledge Points 5. Marriage and Family
29. Coordinate with the adjustment of the national family planning policy
The Civil Code amended the requirement that the adopter be childless to be childless or have only one child. (Item 1 of Article 1098)
30. Adoption has loopholes, civil code to escort
In order to further strengthen the protection of the interests of the adoptees, "no illegal and criminal records that are not conducive to the healthy growth of the adoptees" are added to the conditions of the adopters ". (Item 4 of Article 1098)
31. Divorce is too impulsive and can be withdrawn within 30 days.
In order to reduce "hot-headed" divorce, the Civil Code provides for a cooling-off period of 30 days after the application for divorce registration is submitted, during which either party may withdraw the divorce application to the registration authority. (Article 1077)
32. One more path to divorce
In response to the phenomenon of "long-term adjustment without judgment" in divorce proceedings, the Civil Code stipulates that after the people's court has ruled that divorce is not allowed, the two parties have been separated for another year, and if one party divorces again together, the divorce shall be granted and the other party shall be returned. freedom.
33. Illness removed as a cause of nullity of marriage
The Civil Code no longer regards "suffering from a medical illness that should not be married" as a prohibition of marriage, but stipulates that if one party conceals a major illness, the other party may request the people's court to cancel the marriage and has the right to claim damages. (Articles 1053 and 1054)
34. Divorce debt, the law to distinguish.
According to the needs of social development, the Civil Code specifies the scope of the joint debt of the husband and wife. The debt incurred by one of the spouses in the name of the individual during the marriage that exceeds the daily needs of the family does not belong to the joint debt of the husband and wife; however, the creditor can prove that the debt is used for the husband and wife. Except for living together, joint production and operation, or based on the joint intention of both spouses. (Article 1064)
35. The custody of children under two years of age in divorce cases is no longer controversial
The Civil Code amended the current Marriage Law to "the principle of breastfeeding mothers for children under the age of two" to "the principle of direct support by mothers for children under the age of two" to enhance operability.
36. Regulate complaints of confirmation and denial of paternity.
If there is any objection to the parent-child relationship and there are justifiable reasons, the father or mother may bring a lawsuit to the people's court to request confirmation of the parent-child relationship. (Article 1073)
Six Important Knowledge Points of 6. Inheritance
37. Expand the scope of heritage
The Civil Code deletes the previous enumeration of the estate and expands the scope of the estate in terms of "legal property. With the development of modern society, the types and forms of citizens' property are becoming more and more abundant, and new types of property such as virtual property can be included in the scope of heritage. (Article 1122)
38. The right to lose the right of inheritance can be "lost and regained"
The Civil Code adds a new case of loss of inheritance and at the same time supplements the system of forgiveness. The decedent knows that the heir has committed a corresponding illegal act against him, but is willing to forgive the heir's fault, restore his lost inheritance rights, and respect his will. (Article 125)
39. Expand the scope of legal heirs to nephews and nephews.
In order for property to circulate more in blood families rather than revert to the state, the Civil Code wouldsubrogation inheritanceThe extension to the death of the siblings of the decedent before the decedent makes the nephew and nephew of the decedent obtain the second-in-line legal heir status, breaking the restriction of the original junior lineal blood relatives. (Article 128)
40. New forms of printed and videotaped wills have been added.
The Civil Code has added two forms of statutory wills, a printed will and a videotaped will. (Articles 1,136 and 1,137)
41. Repeal the priority rule of the effect of notarized wills.
In order to respect the true will of the testator, the Civil Code amended the rules on the validity of the will and deleted the provisions of the current inheritance law on the priority of the validity of notarized wills, so as to better protect the principle of autonomy of the parties in civil law. (1,135, 1,341)
42. Increase the system of estate administrators.
In order to ensure that the estate is properly managed and divided smoothly, and to better safeguard the interests of heirs and creditors, the system of estate managers has been added, and the methods, responsibilities and rights of estate managers have been clarified. (Article 1,145)
Seven Important Knowledge Points of 7. Tort Liability
43. Establish the "self-risk" rule.
If he voluntarily participates in cultural and sports activities with certain risks and is damaged by the behavior of other participants, the victim shall not request other participants who have not intentionally or grossly negligent to bear tort liability. (Paragraph 1 of Article 1,176 of the draft)
44. Provisions for a system of "self-help behaviour"
If it is clear that the legitimate rights and interests have been infringed, the situation is urgent and cannot be protected by the state organs in time, and if no immediate measures are taken, the victim may take reasonable measures such as detaining the infringer's property within the necessary scope of protecting his legitimate rights and interests, but he shall immediately request the relevant state organs to deal with it. (Article 1,177)
45. Strengthening the Protection of Intellectual Property Rights
Intentionally infringing upon the intellectual property rights of others, if the circumstances are serious, the infringed shall have the right to request corresponding punitive damages. (Article 1,185)
46. Improve the responsibility of producers and sellers to recall defective products.
Where recall measures are taken in accordance with relevant regulations, the producer and seller shall bear the necessary expenses incurred by the infringed. (Paragraph 2 of Article 1,206)
47. Regulating the Doctor-Patient Relationship and Protecting Patient Privacy
Further protect the patient's right to informed consent, clarify the relevant obligations of medical staff, and strengthen the protection of patient privacy and personal information by medical institutions and their medical staff. (Articles 1219 and 1226)
48. Strengthen the ecological environment protection
The punitive compensation system for ecological environment damage is stipulated, and the restoration and compensation rules for ecological environment damage are clearly stipulated. (Articles 1232, 1234, 1235)
49. Improve the rules for the management of high-altitude parabolic objects.
It is forbidden to throw objects from buildings. At the same time, in view of the main difficulty in handling such incidents, it is difficult to determine the perpetrator. It is emphasized that the relevant authorities should investigate in a timely manner in accordance with the law, find out the responsible person, and stipulate that building managers such as property service enterprises should take necessary safety measures to prevent the occurrence of such acts. (Article 1254)
Source: Civil Code Online
If there is infringement contact, delete it.
