New Rules of Civil Code – No. 1: Overview
The Civil Code of People’s Republic of China (“Civil Code”) was adopted at the third meeting of the 13th People’s Congress on May 28, 2020, and took effect from January 1, 2021.
The Civil Code comprises 1260 Clauses, which are codified as 7 Chapters: General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, Tort and Supplementary Provisions.
As a comprehensive code in civil law, Civil Code governs personal relation and property relation between a variety of civil subjects, sets forth civil principles for civil subjects, civil rights, civil legal activities, civil liabilities and sub-chapter rules of property rights, contracts, personality rights, marriage and family, inheritance and tort liabilities etc.
Civil Code is neither a newly legislated law, nor a merely compiling of existing laws, but a reflection and response by the rule of law to the advance with times and the progress in technology, economy, humanity and society – establishing new rules for new circumstances and new issues brought forth in the new era. Therefore, comparing with previously existing legal provisions in corresponding areas of civil legal system, there are many changes and new meanings in the Civil Code.
From overall perspective, upon effectiveness of Civil Code, the following laws shall be revoked: General Principles of Civil Law, Overall Principle of Civil Law, Contract Law, Guarantee Law, Property Law，Tort Liability Law, Marriage Law, Adoption Law and Inheritance Law.
This article aims to provide a brief overview of Civil Code, more articles later will continue to discuss details of new rules provided by the Civil Code. Thank you.
Please pay attention!