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Charles Shen, Senior Partner

Shanghai Puruo Law Offices

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General Provisions of the Civil Law Promulgated in China
发布日期:2017-04-12 11:37:15
 

The General Provisions of the Civil Law were adopted at the closing meeting of the annual session of the National People's Congress (NPC)on March 15, with 2,782 of the 2,838 deputies present voting in favor. It takes effect on Oct 1.

The General Provisions are based on a 1986 version, also called the General Principles of Civil Law.Though historically significant, the 1986 General Principles included some outdated provisions.Furthermore, with the promulgation of many separate civil laws over past decades, judges might hand down different verdicts in the same case as they turn to different laws when making judgments.To better handle new conditions arising in China's socio-economic development, lawmakers have revised a number of clauses in the 1986 version and added new ones to better protect individuals and organizations.

The General Provisions changes the limitation of action to three years from two.Particularly,"A limitation of action concerning the right of claim for damages arising from sexual assault of a minor shall be calculated from the date when the victim reaches 18 years of age".

The General Provisions add an article for the protection of the interests of fetuses. Fetuses that require protection in the succession of estates and receipt of donations shall be deemed as having the capacity for civil rights.

The General Provisions lower the statutory age limit for minors with limited capacity for civil conduct from 10 to eight years.

The General Provisions stipulate that an adult with no or limited capacity for civil conduct shall be eligible for a guardian, meaning seniors unable to care for themselves will be placed under guardianship.The 1986 General Principles prescribe guardians only for minors and mentally ill people with no or limited capacity for civil conduct.

In addition, the General Provisions grant the status of "special legal persons" to rural economic collectives and villagers' committees, among other organizations, which will facilitate their civil activities, such as entering into contracts, and better protect their members' rights and interests.

Since 1979, a series of separate civil laws have been introduced, including the Property Law, Inheritance Law and Tort Liability Law, laying a good foundation for compilation of the civil code.Lawmakers will make necessary revisions to the existing laws to integrate them into the code.According to the legislative schedule, the civil code's individual books are expected to be submitted as a whole for a first reading at a bi-monthly session of the NPC Standing Committee in 2018. The NPC Standing Committee will then organize separate reviews of the books.

 


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