You must know 100 details of the Civil Code!

Source: Jiangxi Civil Trial

　　1. The Civil Code is known as the "encyclopedia of social life" and is the first law named "Code" since the founding of New China.

　　2. The reason why it is said to "compile" the Civil Code, rather than "formulate" it, is because the vast majority of the content in the Civil Code has been formulated in the civil individual laws. The Civil Code is a rearrangement based on the existing legal basis, and finally "all laws are integrated into one code, and one code abolishes nine laws".

　　3. Article 2 of the Civil Code stipulates that: "The civil law adjusts the personal relationship and property relationship between natural persons, legal persons, and unincorporated organizations with equal status." However, in the previous "General Principles of the Civil Law of the People's Republic of China", due to the early stage of reform and opening up, property relations were placed before personal relations.

　　4. The Civil Code does not use the expression "citizen" or "citizen (natural person)" like the General Principles of the Civil Law of the People's Republic of China, but uses the expression "natural person" throughout the text. This shows that the Civil Code can also play an adjusting role in law for foreigners and stateless persons.

　　5. Regarding the conditions for determining the infringement of portrait rights, previous laws stipulated that it must be for profit, but Article 1019 of the Civil Code no longer has this requirement.

　　6. Regarding the scope of application of economic compensation, previous laws stipulated that it only applied to couples who chose separate property systems (i.e., AA system), but the more commonly used system in reality is the joint system of post-marital income. Article 1088 of the Civil Code removes the prerequisite of the separate property system. As long as one spouse (regardless of gender) bears more obligations due to raising children, caring for the elderly, assisting the other spouse with work, etc., they have the right to request economic compensation from the other party during divorce.

　　7. The Civil Code no longer includes "suffering from diseases that medicine deems unsuitable for marriage" as a condition for prohibiting marriage.

　　8. Regarding the presumption of guarantee methods, the previous provisions of the Guarantee Law were beneficial to creditors, with unclear agreements presumed to be joint and several guarantees, while the current provisions of the Civil Code are beneficial to guarantors, with unclear agreements presumed to be general guarantees.

　　9. Regarding the guarantee period, previous laws stipulated that if it was not clearly defined, the guarantee period was 2 years from the date of expiration of the main debt performance period, while Article 692 of the Civil Code now changes this to 6 months from the date of expiration of the main debt performance period if it is not agreed or not clearly defined. It is important to note that the guarantee period does not have the effect of suspension, interruption, or extension; to protect their own rights and interests, creditors should clearly define the guarantee period at the beginning.

　　10. Regarding the principle that mortgage does not break lease, the Contract Law did not previously emphasize the need to be during the period of possession. Now, the situation of backdating lease contracts often occurs. Article 405 of the Civil Code adds another condition, emphasizing that this anti-lease power of mortgage can only occur during the actual possession period.

　　11. Regarding the claiming of lost property, previous laws stipulated that if no one claimed it within 6 months of the date of the public notice, it would belong to the state. Article 318 of the Civil Code extends this time to 1 year.

　　12. Previous laws directly stipulated that pledge and pledge clauses were invalid. Article 401 and 428 of the Civil Code no longer directly state that they are invalid, but rather that they have priority in repayment within the scope of the property. This change highlights the focus on protecting creditors.

　　13. Previous laws stipulated that mortgagees were paid before pledgees. Article 415 of the Civil Code stipulates that if both a mortgage right and a pledge right are established on the same property, the order of repayment of the proceeds from the auction or sale of the property shall be determined according to the time of registration and delivery, reflecting the equal value orientation of mortgage rights and pledge rights.

　　14. Article 679 of the Civil Code stipulates that a loan contract between natural persons is established when the lender provides the loan. The previous stipulation was "effective", now it has become "established". That is to say, in the past, promising to lend money to someone established the contract and had the obligation to perform it, but now with a promise there is no such obligation, because the contract has not been established.

　　15. Article 586 of the Civil Code stipulates that a deposit contract is established when the deposit is actually delivered. The previous stipulation was "effective", now it has become "established", which is the same as the loan contract between natural persons, clarifying the nature of the practical contract.

　　16. Article 565 of the Civil Code clarifies that if one party to the contract does not notify the other party and directly claims to terminate the contract by filing a lawsuit, and the people's court confirms this claim, the contract is terminated when the copy of the complaint is served on the other party.

　　17. Previous laws stipulated that only if the disclosure of patient privacy or the public disclosure of medical records without the patient's consent caused damage to the patient should tort liability be borne. Article 1226 of the Civil Code deletes "causing damage to the patient". This means that regardless of whether damage is caused to the patient, it does not prevent medical institutions from bearing tort liability such as ceasing infringement and apologizing.

　　18. The previous "General Principles of the Civil Law of the People's Republic of China" stipulated that in the absence of legal provisions, national policies should be followed. Article 10 of the Civil Code deletes the provision of "national policies" as a source of law because policies do not have normative and state coercive power before they become current laws and cannot be used as the basis for judgments in court trials.

　　19. Article 12 of the Civil Code stipulates that an adult who cannot recognize his or her own behavior is a person with no civil capacity. The previous expression was "mentally ill person". The Civil Code has changed it to "adult", which avoids discriminatory language and also covers elderly people without mental illness.

　　20. Because children are becoming increasingly smarter and precocious, Article 19 of the Civil Code lowers the age threshold for minors as persons with limited civil capacity from 10 years old to 8 years old.

　　21. On the issue of child custody after divorce, Article 1084 of the Civil Code stipulates that for children who are 8 years old or older, their true wishes should be respected. This age of 8 is also the threshold age for persons with limited civil capacity.

　　22. On the issue of adopting minors, Article 1104 of the Civil Code stipulates that for the adoption of minors over 8 years old, the consent of the adoptee should be obtained. The previous law stipulated that it was 10 years old.

　　23. Previous laws stipulated that adopters could only adopt one child. Article 1100 of the Civil Code now discusses this in categories, allowing childless people to adopt two children and those with children to only adopt one child, reflecting the adjustment of China's family planning policy.

　　24. Previous adoptions were limited to unmarried men adopting women, with an age difference of 40 years. Article 1102 of the Civil Code now stipulates that for unmarried persons adopting children of the opposite sex, the age difference should be 40 years. That is to say, unmarried women adopting men are also subject to this age limit.

　　25. Previously, clauses preventing sexual harassment only appeared in the "Law on the Protection of Women's Rights and Interests." Now, Article 1010 of the Civil Code expands the scope of victims to include men, reflecting the gender concept of equal protection for both men and women.

　　26. In the Civil Code, personality rights are established as a separate chapter, and tort liability is also established as a separate chapter. This is not found in the civil codes of traditional civil law countries on the continent.

　　27. The Civil Code replaces the "General Principles of Debt Law" in the civil codes of traditional civil law countries on the continent with a "Contract Chapter." Quasi-contracts, such as gratuitous agency and unjust enrichment, are included in this chapter.

　　28. Emergency assistance is actually a type of gratuitous agency. However, according to the principles of gratuitous agency, the administrator has an obligation to manage appropriately; that is, they should bear civil liability for damages caused by gross negligence. To encourage mutual assistance, the Civil Code ultimately removes this requirement, reducing the duty of care for rescuers.

　　29. In the personality rights chapter of the Civil Code, the concept of "peaceful life" is proposed for the first time.

　　30. Article 997 of the Civil Code stipulates an injunction system for infringements on personality rights, allowing for the timely cessation of the infringing actions. Otherwise, if some enterprises are maliciously slandered, by the time the lawsuit concludes, they may have already declared bankruptcy.

　　31. Article 1019 of the Civil Code prohibits the infringement of portrait rights through deepfakes. AI face-swapping technology is one such form of deepfake.

　　32. The green principle established in Article 9 of the Civil Code is a newly established basic principle, reflecting the new development concept since the 18th National Congress of the Communist Party of China. The green principle is reflected in the property rights chapter, contract chapter, and tort liability chapter.

　　33. Article 16 of the Civil Code establishes a special protection system for fetal interests, using the wording "involving inheritance of estates, acceptance of gifts, etc." Note that the word "etc." indicates an incomplete enumeration, which is more conducive to protecting fetal interests. For example, if the male party dies in a car accident, and the fetus in his fiancée's womb is born alive, the guardian can exercise the right to claim support payments on its behalf.

　　34. Article 185 of the Civil Code provides clauses for the protection of heroes and martyrs, but the wording is "infringement on heroes, martyrs, etc." The word "etc." provides a basis for expansive interpretation.

　　35. When defining the types of personality rights, Article 990 of the Civil Code does not use an exhaustive list, but instead uses the phrase "etc." Furthermore, even if the personality rights chapter does not explicitly specify it, as long as personal freedom or dignity is infringed upon, one can still claim infringement of personality rights.

　　36. With high housing prices, not everyone can achieve "adequate housing" through homeownership. To guarantee people's long-term and stable housing needs, the Civil Code adds a system of residential rights, improves the relative right of priority purchase for tenants, and establishes the right of priority tenancy for tenants.

　　37. The Civil Code responds to issues such as "passengers seizing seats" and "grabbing the steering wheel."

　　38. Article 1045 of the Civil Code clarifies the scope of "relatives," "close relatives," and "family members."

　　39. The Civil Code adds a type of voidable marriage involving coercion: if one party has a serious illness, they should inform the other party truthfully before marriage registration. Failure to do so allows the other party to petition the people's court to annul the marriage.

　　40. The Civil Code stipulates that if a marriage is invalid or annulled, the innocent party has the right to claim compensation for damages.

　　41. The Civil Code stipulates that parents who have objections to the parent-child relationship and have legitimate reasons can file a lawsuit with the court to confirm or deny the parent-child relationship, while adult children can only request confirmation of the parent-child relationship.

　　42. The Civil Code adds a divorce cooling-off period system, with a 30-day cooling-off period, after which a divorce certificate is applied for within 30 days.

　　43. Article 1079 of the Civil Code adds a circumstance for granting a divorce: if the court refuses to grant a divorce, and the two parties are separated again for more than one year, and one party files for divorce again, the divorce should be granted. The Civil Procedure Law specifies a six-month reconciliation period; if, in the absence of new circumstances or reasons, a party re-files within six months, the court will not accept it. The Civil Code effectively extends the reconciliation period to one year, requiring that this year be a period of separation.

　　40. In the aspect of divorce property division, the Civil Code adds the principle of taking care of the innocent party, meaning that this "innocent party" can be a man. Moreover, Article 1091 of the Civil Code adds a catch-all clause, "other serious faults," when defining what constitutes fault.

　　41. Previous laws stipulated that self-written, proxy-written, recorded, and oral wills could not revoke or change notarized wills; that is, notarized wills had the highest effect, and only notarized wills could change notarized wills. To better respect the true wishes of the testator, Article 1142 of the Civil Code takes notarized wills off the pedestal, stipulating that the last will shall prevail.

　　42. The Civil Code expands the application of punitive damages. Not only should enterprises that damage the ecological environment be punished, but a punitive damages system should also be implemented. If only one or two million is fined, compared to the enterprise's profits, the cost of violation is too low.

　　43. The Civil Code stipulates that if the term of transfer of land management rights is five years or more, it can be applied for registration with the registration authority. After registration, it is no longer a creditor's right, but a right with property rights.

　　44. Not only can brothers and sisters be heirs in legal inheritance, but their children can also inherit the inheritance of the deceased based on the system of substitutionary inheritance, which reduces the probability of ownerless property.

　　45. People other than legal heirs can also obtain property by exercising the "request for discretionary bequest." However, previous laws stipulated that people dependent on the deceased for support must meet the condition of "lacking the ability to work and having no source of livelihood" to receive a suitable inheritance. Now, the Civil Code cancels this condition, expanding the scope of those entitled to request this, which also reduces the probability of ownerless property.

　　46. Article 245 of the Civil Code adds "epidemic prevention and control" to the reasons for requisitioning the real estate or personal property of organizations and individuals.

　　47. Article 196 of the Civil Code stipulates that the right holder of movable property rights and registered movable property rights requesting the return of property is not subject to the statute of limitations. That is to say, the right holder of unregistered movable property rights requesting the return of property is still subject to the statute of limitations.

　　48. When the term of use of residential construction land expires, it is automatically renewed, and the payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations. Non-residential construction land is a different matter.

　　Article 491 of the Civil Code establishes a new way for contracts to be formed. If the information about goods or services published by one party through the internet or other information networks meets the conditions of an offer, a contract is formed when the other party selects the goods or services and successfully submits an order, unless otherwise agreed by the parties. In simpler terms, a contract is formed when you successfully submit an order for online purchases.

　　Article 512 of the Civil Code establishes a new delivery method. For electronic contracts, where the subject matter is delivered online, the time when the subject matter enters the specific system designated by the other party and can be retrieved and identified is considered the time of delivery.

　　The 1999 Contract Law stipulated that the effectiveness of contracts concluded without the right to dispose was pending. However, the Civil Code stipulates that sales contracts concluded without the right to dispose are valid. Whether a third party can obtain ownership depends on whether the conditions for good faith acquisition are met. If ownership cannot be obtained, a claim for breach of contract can be made against the seller.

　　Article 625 of the Civil Code determines the seller's responsibility for recovery, namely: if, in accordance with the provisions of laws and administrative regulations or the agreement of the parties, the subject matter should be recovered after the expiry of its effective useful life, the seller has the obligation to recover the subject matter independently or by entrusting a third party. For example, electric vehicle batteries; failure to recycle them in a timely manner may cause environmental pollution.

　　Previous laws only stipulated that relevant departments of local people's governments should provide guidance and assistance in establishing owners' committees and electing owners' committees. Now, Article 277 of the Civil Code adds another department: the residents' committee.

　　Regarding matters jointly decided by owners, it is important to distinguish between the requirements for the area and number of people participating in the vote and the requirements for the final agreement on the area and number of people. Currently, it requires two-thirds participation, with special matters requiring a three-quarters agreement among participants, and other matters requiring more than half of the participants to agree. For specific details, see Article 278 of the Civil Code.

　　Article 938 of the Civil Code stipulates that service commitments made publicly by property service providers that are beneficial to owners are part of the property service contract. In other words, content not included in the written property service contract may also be part of the contract.

　　Article 965 of the Civil Code aims to prevent bypassing intermediaries. If parties A and B utilize the information or services of an intermediary but ultimately sign a contract privately, bypassing the intermediary, they should still pay the intermediary.

　　Article 1173 of the Civil Code stipulates that if the injured party is at fault for the occurrence or expansion of the same damage, the liability of the infringing party may be reduced. Compared to the previous Tort Liability Law, "damage" is limited to "the same damage," and the situation of "expanding damage" has been added.

　　Article 1186 of the Civil Code stipulates fair liability (how to share losses when neither party is at fault). The previous wording was "according to the actual situation," which means that the compensation situation is determined at the factual level. Now the wording has been changed to "in accordance with the provisions of the law," which means that the discretionary power of the judge has been reduced; it should be judged according to the law.

　　Article 1178 of the Civil Code stipulates that for intentional or gross negligence that infringes upon specific items of personal significance and causes mental damage, the injured party has the right to claim compensation for mental damage. This was previously only stipulated in judicial interpretations, but now it has been elevated to the legal level.

　　Article 1193 of the Civil Code stipulates that in a contracting relationship, the commissioning party does not generally bear responsibility for the contractor's harm or suffering; responsibility is only borne if there is fault. This was previously stipulated only in judicial interpretations, but has now been elevated to the legal level.

　　The Civil Code incorporates the spirit of the Environmental Protection Law, clarifying that "polluting the environment" and "damaging the ecology" are two different actions, and adding two types of responsibilities: "ecological restoration responsibility" and "ecological compensation responsibility.

　　The Civil Code adds two defenses in the chapter on tort liability: voluntary assumption of risk and self-help, giving actors greater freedom of action.

　　Regarding high-altitude falling objects, Article 1254 of the Civil Code clarifies and emphasizes the investigative responsibility of public security organs and other authorities and the safety guarantee obligations of property management companies. Previously, there was more emphasis on the possible perpetrator providing compensation.

　　Printed wills are finally recognized in the Civil Code. It should be noted that a printed will must be witnessed by two or more witnesses, and the testator and witnesses should sign each page of the will and note the date.

　　Due to the limitations of the time, previous laws only recognized audio wills. Now the Civil Code adds recognition of video wills. It should be noted that wills made in audio-video form must be witnessed by two or more witnesses, and the testator and witnesses should record their names or portraits and the year, month, and day in the audio-video recording.

　　The Civil Code adds four named contracts: guarantee contracts, partnership contracts, property service contracts, and factoring contracts. Factoring contracts are a completely new contract type, a hybrid contract combining at least two named contracts: assignment of receivables + loan contract/entrustment contract/guarantee contract...

　　Previous laws only stipulated that the right of pledge on certain special movables requires registration as a condition to oppose others. Now, the Civil Code has expanded the scope and directly stipulates: for pledging movables, the right of pledge is established from the time the pledge contract takes effect; without registration, it cannot be opposed to a bona fide third party.

　　Article 588 of the Civil Code adds a provision that if the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation exceeding the amount of the deposit.

　　Regarding trial purchases, previous laws only stipulated that if the buyer did not express a purchase after the trial period, it was considered a purchase. The Civil Code adds a situation: if the buyer has paid part of the price during the trial period, or has performed acts such as selling, renting, or establishing collateral on the subject matter, it is considered consent to purchase.

　　Article 406 of the Civil Code stipulates that the mortgagor may transfer the mortgaged property and should promptly notify the mortgagee afterward, unless otherwise agreed. Previously, transferring mortgaged property always required the consent of the mortgagee, which was not conducive to the circulation of the mortgaged property or the encouragement of transactions.

　　Although the circulation of mortgaged property is allowed, people don't need to worry too much about the property they purchase having a mortgage burden, because Article 404 of the Civil Code stipulates that in the case of a pledge on movables, it cannot be opposed to a buyer who has paid a reasonable price in the course of normal business operations and obtained the mortgaged property. Of course, the article only mentions transactions in the movable property field. Transactions in the immovable property field still need to be extra careful to check for mortgage burdens.

　　76. To rationally plan and efficiently utilize rural land resources, the central government proposed the "three rights division" measure. The core of "three rights division" is "separation of two rights," which means that the land contracted management right is divided into the contracting right and the management right. The three rights are land ownership, contracting right, and management right. Article 342 of the Civil Code stipulates that the land management right can be transferred through leasing, equity participation, mortgage, or other methods.

　　77. Article 469 of the Civil Code stipulates that data electronic documents that can tangibly express the content they contain and can be retrieved and consulted at any time are considered to be in written form. For example, WeChat, text message, and email records.

　　78. Articles 517, 519, and 521 of the Civil Code stipulate that if the shares of proportionate creditors or proportionate debtors are difficult to determine, they are considered to be equal; if the shares among joint debtors or joint creditors are difficult to determine, they are considered to be equal.

　　79. Regarding changes in circumstances, Article 533 of the Civil Code, on the one hand, changes "force majeure" into a type of "change in circumstances," rather than the previous exclusionary relationship, and on the other hand, encourages transactions by adding a "renegotiation obligation." Parties must negotiate within a reasonable timeframe before resorting to litigation.

　　80. Regarding the exercise of subrogation rights, in order to protect the time interests of the debtor and the counterparty, the law previously stipulated the double maturity rule, which means that the creditor's claim against the debtor is legally due, and the debtor's claim against the counterparty is legally due. However, since there are frequent instances of malicious collusion between the debtor and the counterparty, Article 535 of the Civil Code now deletes "the debtor's failure to fulfill its due claim" and modifies it to "the debtor's failure to fulfill its claim or related ancillary rights." The word "due" has been removed, and ancillary rights have been added.

　　81. Regarding the exercise of the right of rescission, Article 538 of the Civil Code lists in detail the situations that affect the realization of the creditor's claim. One category is gratuitous disposal of property rights, including waiving claims (removing the word "due"), waiving claim security, and gratuitous transfer of property. Another category is maliciously extending the performance period of the due claim. The latter type was not clearly defined before.

　　82. Article 702 of the Civil Code adds a provision that if the debtor has the right of set-off or rescission against the creditor, the guarantor may refuse to assume the guarantee liability within the corresponding scope.

　　83. The law previously stipulated that if the lease term was more than 6 months and the parties did not use a written form, it would be directly regarded as an indefinite lease. Now, Article 707 of the Civil Code adds a condition: if the lease term is more than 6 months, and the parties did not use a written form, and the lease term "cannot be determined," it is regarded as an indefinite lease.

　　84. Article 737 of the Civil Code stipulates that a financing lease contract concluded by falsely fabricating the leased property is invalid.

　　85. The law previously stipulated that obtaining a marriage certificate established the marital relationship. Now, Article 1049 of the Civil Code stipulates that completing the marriage registration establishes the marital relationship. Of course, it can also be understood that obtaining a marriage certificate is the last step in completing the marriage registration.

　　86. Article 1098 of the Civil Code adds a condition for adoption: adopters must have no illegal or criminal record that is detrimental to the adoptee's healthy growth.

　　87. The previous law only stipulated that if a motor vehicle stolen, robbed, or snatched is involved in a traffic accident causing damage, the thief, robber, or snatcher shall bear the compensation liability. Now, Article 1215 of the Civil Code adds an explanation to fill the loophole: if the thief, robber, or snatcher is not the same person as the user of the motor vehicle (for example, the car is stolen and then driven by someone else), both the thief, robber, or snatcher and the motor vehicle user shall bear joint and several liability.

　　88. Article 1217 of the Civil Code stipulates that if a non-operating motor vehicle is involved in a traffic accident causing harm to a gratuitous passenger and the motor vehicle is at fault, its compensation liability should be reduced, except when the motor vehicle user acts intentionally or with gross negligence. In other words, if someone gives you a ride and an accident happens, you should show some understanding...

　　89. The previous law only stipulated that forging, altering, or destroying a will, if serious, would result in forfeiture of inheritance rights. Now, Article 1125 of the Civil Code adds "concealing a will" as another situation.

　　90. Article 1125 of the Civil Code adds a statutory ground for forfeiture of inheritance rights: using fraudulent or coercive means to force or hinder the testator from establishing, changing, or revoking a will, if serious, results in forfeiture of inheritance rights.

　　91. The inheritance chapter of the Civil Code incorporates the "estate administrator" system. Estate administrators may receive remuneration according to the law or agreement, and shall bear civil liability if they cause damage due to intentional acts or gross negligence.

　　92. The Civil Code includes nephews and nieces in the scope of those eligible for substitute inheritance!

　　93. Previously, the law vaguely stated that "relevant units or individuals shall bear tort liability" for stacking, dumping, or scattering items that obstruct passage on public roads, causing harm to others. Now, Article 1256 of the Civil Code stipulates that the perpetrator shall bear tort liability. If the public road administrator cannot prove that it has fulfilled its obligations of cleaning, protection, and warning, it shall also bear corresponding liability.

　　94. Article 56 of the Civil Code provides supplementary explanations for the rules on the assumption of debts by individual industrial and commercial households. If it is impossible to distinguish between personal and family operations, the family property shall bear the debts.

　　95. The Civil Code adds a provision that registration authorities shall promptly and legally publicize relevant information on corporate registration, and if the actual situation of a legal person is inconsistent with the registered matters, it shall not be effective against a bona fide counterparty.

　　96. Article 138 of the Civil Code stipulates that unilateral declarations take effect upon completion. Unless otherwise provided by law, in which case those provisions apply. Declarations made by announcement take effect upon the announcement's publication.

　　97. Article 166 of the Civil Code stipulates that if several persons are agents for the same agency matter, they shall exercise the agency power jointly, unless otherwise agreed by the parties.

　　98. Article 282 of the Civil Code adds a provision that the income generated from the use of the common areas of owners by the construction unit, property service enterprise, or other manager belongs to the owners in common after deducting reasonable costs.

　　99. Article 395 of the Civil Code adds "maritime use rights" as mortgageable property.

　　100. Article 1259 of the Civil Code adds a clarification that "exceeding" does not include the base number.