"Civil Code of the People's Republic of China" (hereinafter referred to as Civil Code ) was voted and approved by the Third Session of the 13th National People's Congress on May 28, 2020 and will officially come into effect on January 1, 2021. The promulgation and implementation of the Civil Code is of great significance, and many new regulations and regulations are closely related to our lives. These are contents that we need to know well. They are specially reproduced for your reference.
1. 8 important knowledge points compiled by the general provisions
1. The fetus enjoys inheritance rights
If the fetus involves the protection of fetal interests such as inheritance and acceptance of gifts, the fetus shall be deemed to have civil capacity. However, if the fetus is dead when it is delivered, its civil capacity does not exist from the beginning. (Article 16)
2. Eight-year-old children can "play soy sauce"
Minors over eight years old are persons with limited civil capacity . The civil legal acts of are represented by their legal representatives or are agreed or ratified by their legal representatives, but they can independently perform civil legal acts that are purely profitable or civil legal acts that are compatible with their age and intelligence. (Article 19)
3. Adults will also become persons with limited civil capacity
Adults who cannot fully recognize their own behavior are persons with limited civil capacity. The civil legal act shall be represented by their legal representative or approved by their legal representative, but they may independently perform civil legal acts that are purely profitable or civil legal acts that are in line with their intellectual and mental health status. (Article 22)
4. The legal person of a grassroots mass autonomous organization is a special legal person
The residents' committee and villagers' committee have the legal person status of a grassroots mass autonomous organization and can engage in civil activities required to perform their functions. If a village collective economic organization has not 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
The personal information of natural persons is protected by law. Any organization or individual who needs to obtain other people's personal information shall obtain and ensure the security of the information in accordance with the law. It shall not illegally collect, use, process, or transmit other people's personal information, nor shall it illegally buy, sell, provide or disclose other people's personal information. (Article 111) If the law has provisions on the protection of data and virtual property on the Internet, it shall be in accordance with such provisions. (Article 127)
6. Do not bear civil liability for bravery or gross negligence
If you suffer damage to yourself due to the protection of other people's civil rights and interests, the infringer shall bear civil liability and the beneficiary may provide 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 provide appropriate compensation. (Article 183)
If the recipient causes damage to the person due to voluntary emergency rescue, the rescuer shall not bear civil liability. (Article 184)
7. The limitation period for litigation is extended to three years
The limitation period for litigation to request protection of civil rights from the people's court is three years. If otherwise provided by law, it shall be in accordance with such provisions. (Article 188)
8. A minor who is sexually assaulted can still sue
The limitation period for the right to claim compensation for sexual assault by minors shall be calculated from the date of the victim's 18 years of age. (Article 191)
2. 7 important knowledge points for property rights
9. New attachment system
attachment refers to the combination of objects of different people to form an inseparable object or a new object property. The Civil Code stipulates three forms of attachment: processing, attachment and mixing, such as object processing, material production, house addition, and house decoration. (Article 322)
10. Three rights separation - the land management rights are coming
To meet the needs of land management rights entering the market after the "three rights separation", the Civil Code stipulates that the property rights of the Civil Code increases the land management rights and deletes the provision that the right to use arable land cannot be mortgaged.(Article 399, 361, and 363)
11. Improve the ownership system for building
Appropriately lower the voting threshold for matters jointly decided by owners, especially the use of maintenance funds for buildings and their ancillary facilities, and add special procedures for the use of maintenance funds in emergency situations. (Article 278 and 281)
12. Refine the rules for automatic renewal of residential construction land use rights
The Civil Code stipulates that the right to use rights for residential construction land automatically renews upon expiration, which is conducive to protecting the legitimate rights and interests of the property owners. The " Property Law " stipulates that the service life is up to 70 years. If you continue to use it, you must sign a contract and pay the fees. Questions such as whether to pay fees, how much fees are paid, etc., shall be stipulated later by the Civil Code. (Article 359)
13. Right of residence Entry law to realize the full use of the property
In order to accelerate the establishment of a multi-subject supply and multi-channel housing guarantee system, a new usufructuary right of "residence" is added, and it is clear that the right of residence is established free of charge in principle. The right of residence has the right to register to possess and use other people's residence in accordance with the contract agreement or will to meet their stable living needs. (Chapter 14 of the Second Part)
14. Towards the unified movable property pledge and the rights pledge registration system
Delete the content of the specific registration agency for movable property pledge and rights pledge in the Property Law, leaving room for the establishment of a unified movable property pledge and rights pledge registration system in the future. (Article 402 and Article 427)
15. Expand the scope of guarantee contracts
Provide legal guarantees for optimizing the business environment. On the basis of the provisions of the current Property Law, the Civil Code further improved the security rights system, clarified the guarantee functions of atypical guarantee contracts such as financial leasing, factoring, and ownership retention, and added provisions that guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions (Article 388, Paragraph 1)
3. 6 important knowledge points in the contract
16. Electronic contracts open the era of paperless
16. In order to adapt to the rapid development of e-commerce and the increase in online shopping demand for the people, 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. It is reasonable and evidence to tell the seat-bearer that it is not
In response to the problems of passenger seat-bearing and failure to cooperate with carriers to take safety measures in the field of passenger transport contracts in recent years, the Civil Code refines the rights and obligations of parties to passenger transport contracts. (Article 815, Paragraph 1, Article 819, Article 820)
18. Say "no" to the merchant's overbearing clauses
"Prohibit bringing your own wine" "No return or exchange for special offers and promotional products" The Civil Code has improved the standard terms and conditions. (Article 491, Article 495 to Article 498)
19. Don't be afraid of property disputes, property service contracts to protect rights
In response to prominent issues in the field of property services, the Civil Code has added provisions on property service contracts to provide a legal basis for the people to resolve property disputes. (Chapter 24 of the third chapter)
20. "Borrow ten thousand and repay 100,000 yuan", online loans are tricked without fear of being tricked
In response to the usury problem that has been strongly reflected in all sectors in recent years, the draft clearly stipulates that usury is prohibited and the interest rate of the borrowing shall not violate the relevant national regulations. (Article 680, paragraph 1)
21. The house is auctioned, where is the tenant's home
In order to implement the requirements of establishing a same-right housing system for renting and purchasing, and protecting the interests of the lessees, the Civil Code has added the provisions of the priority leasehold rights of the house lessee.(Article 734, Paragraph 2)
In addition, in order to adapt to the development of my country's factoring industry and optimize the business environment, the Civil Code has added factoring contracts (Part 3 Chapter 16); in order to further strengthen the protection of creditors, the Civil Code has refined the debt transfer and debt transfer systems, added debt repayment and replenishment rules, and improved the contract termination system such as contract termination (Part 3 Chapter 5); on the basis of summarizing the practical experience of the current contract law, the Civil Code has improved the sales contract by improving the provisions of inspection period and the rules of ownership retention (Articles 622 and 623, Article 641 to Article 643); In order to adapt to actual needs, 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 (Chapter 13, Article 586 to Article 588, Part 3)
4. 7 important knowledge points in the Personal Rights Compilation
22. Establish basic rules for organ donation
22. In response to the current phenomenon of organ donation of human organs or individuals forcing, deceiving, or tempting, the Civil Code stipulates that if a person with full civil capacity agrees to donate organs, it shall be in written form or will. If a natural person does not express his disagreement to donate before his lifetime, after the natural person dies, his spouse, adult children, and parents may jointly decide to donate, and the decision to donate shall be in written form. (Article 106)
23. Preventing sexual harassment: clarifying the responsibilities of institutions, enterprises and schools
In recent years, sexual harassment has become a hot topic of concern to society. A survey shows that this problem is common in enterprises, schools and other units, and densely populated 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 criteria for identifying sexual harassment, as well as the obligations of institutions, enterprises, schools and other units to prevent and stop sexual harassment. (Article 1010)
24. Expansion protection of name rights and name rights
Clearly for pseudonyms, stage names, online names, etc. that have a certain social reputation and are used by others to cause public confusion, the relevant provisions on the protection of name rights and name rights shall be applied according to the relevant provisions on the protection of name rights and name rights. (Article 1017)
25. Illegal collection of personal information is prohibited
In response to the use of information technology means to "deeply forge" the portraits and voices of others, infringe on the personal rights and interests of others, and even endanger the public interests of society, it is stipulated that any organization or individual is prohibited from infringing on the portrait rights of others by using information technology means to forge others. (Article 1019)
26. "Title Party" and "Follow the Party" may bear civil liability
. Provisions have made provisions on the civil liability involved in the acts of the perpetrator for the implementation of news reporting, public opinion supervision, and the determination of whether the perpetrator fulfills his obligation to reasonably verify (Article 1025 and 1026)
27. Concretization of the act of infringement of privacy
With the development of the information age, the means of infringement of privacy have become increasingly hidden and diverse. This time, the Civil Code keeps pace with the times, stipulates the definition of privacy, and lists specific behaviors that prohibit infringement of others' privacy rights. (Article 1032 and 1033)
28. Openness of the connotation of personal information
clarifies the principles and conditions that should be followed in processing personal information, build a framework of basic rights and obligations between natural persons and information processors, reasonably balance the relationship between protecting personal information and safeguarding public interests, and stipulates that state organs and their staff have the obligation to protect the privacy and personal information of natural persons. (Articles 1034 to 1039)
5. 8 important knowledge points in marriage and family
29. Coordinate with the adjustment of the national family planning policy
The Civil Code changes the requirement that adopter must have no children to the adopter till no children or only one child.(Article 1,098, item 1)
30. There are loopholes in adoption, and the Civil Code is to protect
In order to further strengthen the protection of the interests of the adopted person, "there is no illegal and criminal record that is not conducive to the healthy growth of the adopted person" is added to the adopter's conditions. (Article 1098, Item 4)
31. Divorce is too impulsive and can be withdrawn within 30 days. In order to reduce "hot-headed" divorce, the Civil Code stipulates a divorce cooling-off period of 30 days after submitting the divorce registration application. During this period, either party may withdraw the divorce application from the registration authority. (Article 1077)
32. If you want to divorce, there is another path
In response to the phenomenon of "long-term adjustment but no judgment" in divorce lawsuits, the Civil Code stipulates that after the people's court ruled that the two parties would be separated for another year and one party would be allowed to file a divorce and give the other party a freedom.
33. Diseases are deleted as a reason for invalidity of marriage
The Civil Code no longer regards "suffering from diseases that are medically believed to be unmarried" as a prohibited situation, but stipulates that if one party conceals a major disease, the other party may request the people's court to revoke the marriage and have the right to request compensation for damages. (Article 1053 and 1054)
34. Divorce liabilities are large, so the law analyzes
According to the needs of social development, the Civil Code clearly defines the scope of the common debts of the couple. The debts incurred by one spouse in the name of the individual during the marriage period exceed the daily needs of the family in his or her own name, and do not belong to the common debts of the couple; however, this does not apply to the creditor who can prove that the debt is used for the joint life of the couple, jointly produce and operate, or based on the common intention of both spouses. (Article 1064)
35. The custody of children under the age of two is no longer disputed in divorce cases
The Civil Code has modified the principle of "children during the breastfeeding period, mothers who breastfeed with breastfeeding" as stipulated in the current Marriage Law to "children under the age of two are directly raised by the mother" to enhance operability.
36. Standardize the confirmation and denial of parent-child relationship
If you have objections to the parent-child relationship and have legitimate reasons, the father or mother may file a lawsuit with the people's court to request confirmation of the parent-child relationship. (Article 1073)
6. 6 important knowledge points in inheritance
37. Expand the scope of heritage
The Civil Code deleted the previous list of inheritances, and summarized it in the form of "legal property", expanding the scope of inheritance. With the development of modern society, citizens' property types and forms are becoming increasingly rich and more abundant, and new types of property such as virtual property can be included in the scope of heritage. (Article 1122)
38. Losing the right to inherit the right to be legacy can be "lost and regained"
The Civil Code adds new circumstances of losing the right to inheritance, and also provides for the system of forgiveness. The deceased knows that the heir has committed corresponding illegal acts, but is willing to forgive the heir's fault, restore the lost inheritance rights, and respect his wishes. (Article 1125)
39. Expand the scope of legal heirs to nephews and nephews
In order to transfer more property to the blood relatives' family rather than to the state, the Civil Code expands subrogative inheritance to the situation where the deceased's brothers and sisters die before the deceased, so that the deceased's nephews and nephews obtain the second-ranked legal heir qualification, breaking through the restrictions of the original direct blood relatives of the younger generation. (Article 1128)
40. Add new forms of printing and video wills
The Civil Code adds two legal wills forms: printed wills and video wills. (Article 1136, Article 1137)
41. Abolish the rules for the effectiveness of notarized wills
In order to respect the true wishes of the testator, the Civil Code has revised the rules for the effectiveness of wills and deleted the provisions of the current inheritance law on the priority of the effectiveness of notarized wills to better protect the principle of autonomy of the will of parties to the Civil Law.(Article 1135, Article 1141)
42. Added the inheritance manager system
In order to ensure that the inheritance is properly managed and divided and better safeguard the interests of heirs and creditors, the inheritance manager system has been added, and the methods, responsibilities and rights of the inheritance manager are clearly defined. (Article 1145)
7. 7 important knowledge points in the tort liability chapter
43. Establish the "self-sacrificing risks" rules
Voluntarily participate in cultural and sports activities with certain risks and the actions of other participants are damaged by the actions of other participants, the victim shall not request other participants who have not intentional or gross negligence to bear tort liability. (Article 1,176, Draft)
44. Provisions the "self-help behavior" system
Clearly that legitimate rights and interests have been infringed, the situation is urgent and cannot be protected by state organs in a timely manner. If the failure to take immediate measures will cause irreparable damage to their legitimate rights and interests, the victim may take reasonable measures such as detaining the property of the infringer within the necessary scope of protecting his or her legitimate rights and interests, but should immediately request the relevant state organs to deal with it. (Article 1177)
45. Strengthen the protection of intellectual property rights
If intentionally infringe on the intellectual property rights of others and the circumstances are serious, the injured party has the right to request corresponding punitive compensation. (Article 1185)
46. Improve the responsibility of producers and sellers to recall defective products
If recall measures are taken in accordance with relevant regulations, the producers and sellers shall bear the necessary expenses incurred by the infringer. (Article 1,206, Paragraph 2)
47. Standardize the relationship between doctor and patient and patient privacy protection
Further protect the patient's right to informed consent, clarify the relevant explanation obligations of medical personnel, and strengthen the protection of patient privacy and personal information by medical institutions and their medical personnel. (Article 1219, Article 1226)
48. Strengthen ecological environment protection
stipulates the punitive compensation system for ecological environment damage, and clearly stipulates the restoration and compensation rules for ecological environment damage. (Article 1232, 1234, and 1235)
49. Improve the rules for the management of objects thrown from high altitudes
It is prohibited to throw objects from buildings. At the same time, the main difficulty in handling such incidents is the problem that the perpetrator is difficult to determine. It is emphasized that the relevant authorities should investigate in a timely manner in accordance with the law, find out the responsible persons, and stipulate that property service enterprises and other building managers should take necessary safety measures to prevent such behaviors. (Article 1,254)
