Highlights of the Civil Code
Publish Time:
2022-10-10
《 Civil Code 》 New Highlights
1. Previously clauses on preventing sexual harassment only appeared in the "Law on the Protection of Women's Rights." Article 1010 of the Civil Code expands the scope of victims to include men, reflecting the gender-equal concept of equal protection for men and women. In addition, the methods of sexual harassment are not limited to verbal or physical acts, but also include text and images.
2 . Article 16 of the Civil Code establishes a special protection system for fetal interests, involving inheritance and acceptance of gifts, which is more conducive to protecting fetal interests. 。
3 . The Civil Code adds a cooling-off period for divorce, requiring another 30 days to apply for a divorce certificate after the 30-day cooling-off period expires.
4 . Article 10 of the original "Marriage Law of the People's Republic of China" stipulates that "suffering from a disease considered medically unsuitable for marriage before marriage, and the disease has not been cured after marriage" is a statutory reason for invalid marriage. Article 1053 of the Civil Code lists "serious illness" as one of the circumstances under which a marriage may be revoked. 。
5 . The original Inheritance Law stipulates that holographic wills, witnessed wills, audio-recorded wills, and oral wills cannot revoke or change notarized wills, meaning that notarized wills have the highest legal effect. 。 In order to better respect the true wishes of the testator, Article 1142 of the Civil Code removes the privileged status of notarized wills, stipulating that the last will made shall prevail.
6 . Emergency assistance is actually a type of unauthorized management, but according to the principle of unauthorized management, the manager has the obligation of proper management, that is, he shall bear civil liability for damages caused by gross negligence. In order to encourage people to help each other, the Civil Code deletes this requirement and reduces the due diligence obligation of the rescuer.
7 . With high housing prices, not everyone can realize "housing for all" through buying a house. The Civil Code adds a residential right system to ensure that people have long-term and stable housing needs. ， It improves the relative right of first refusal for lessees. ， It establishes the lessee's right of priority to lease.
8 . Article 406 of the Civil Code stipulates that the mortgagor may transfer the mortgaged property and shall promptly notify the mortgagee afterwards, unless otherwise agreed. Previously, the transfer of mortgaged property always required the consent of the mortgagee, which was not conducive to the circulation of mortgaged property and discouraged transactions.
9 . Previous laws only stipulated that 、 if a stolen, robbed or snatched motor vehicle causes a traffic accident, the thief, robber or snatcher shall bear the compensation liability. 。 Article 1215 of the Civil Code adds a clarification that fills the gap. If the thief, robber, or snatcher is not the same person as the user of the motor vehicle (for example, if the car is stolen and then driven by someone else), the thief, robber, or snatcher and the user of the motor vehicle shall bear joint and several liability.
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