Civil Custom Investigation Report Record

Author: Chief Editor: Ding Xiaoxuan
Publisher:
Publish Date: 2000-01-01
Features: Excerpt: Report on Credit Customs in Zhili Province: According to the report of the Zhili Civil and Commercial Custom Investigation Committee, only one issue was sent to the Ministry, which included a total of forty-eight provisions on credit customs.
Section on Tianjin County Customs In cases where the principal debtor fails to repay the debt, the guarantor is liable for compensation. In Tianjin customs, the compensator is referred to as a "guarantor for repayment," so after the loan note, three lines are arranged: one, the guarantor for repayment; two, the guarantor; three, the intermediary friend. The compensatory responsibility is entirely upon the guarantor for repayment with the word "repayment," while ordinary guarantors are not responsible. This is also frequently seen in lawsuits (e.g., Guo Kuiyuan vs. Li Wancheng et al.).
The second point concerns the rental and lending of houses:
(1) The rent must be paid by the renter to the landlord in advance, with the obligation to refuse refusal, as stated in the general rental agreement, "pay rent before moving in."
(2) The right to terminate the contract usually belongs to the renter, not the landlord, as in the saying, "only the guest can terminate the contract, not the landlord."
(3) If the renter fails to fulfill the obligation to pay rent, the landlord has the right to terminate the contract, as in the saying, "if the rent is not paid, the landlord may reclaim the property at will."
(4) If the renter terminates the contract and resides there for less than five days beyond the full rental period, they are not obligated to pay rent, as in the saying, "rent not exceeding five."
(5) When renting a house, a deposit is required. If the tenant builds the house themselves, the deposit should not be refunded. If the fire is caused by negligence, the landlord may rebuild or rent to others, with the deposit being reduced to one-third of its value. In cases of flood damage, which is similar to fire damage, the same principle should be applied, considering current customs, and appropriate measures should be determined to avoid disputes. It is hereby ordered that the Higher Court of Justice and the Police Department investigate customs together, reconcile legal principles, and seek opinions from the Chamber of Commerce, with thorough deliberation and prompt submission of reports for review. You are hereby notified.
In addition to the above approval and order, it is urgently requested that the Higher Court of Justice investigate and deliberate carefully, submit a prompt report for review, and await further instructions. This order.
November 7, 1917,
Zhili Provincial Police Department and Higher Court of Justice submit to the Provincial Governor.
Petition to the Provincial Governor Regarding the Implementation of Compensation Measures for House Destruction Due to Floods
We hereby respectfully submit that, in accordance with the instruction No. 6755, we have received the following:
Citizens Jia Maolin, former graduate of the Japanese Study Program in Wudan City, and former Chief of the Wudan Military Supply Department, Wang Baoming (original text see previous provincial order, omitted) have submitted the following (this order is hereby issued).
Upon review, the Civil Code of the Republic of China has not yet been promulgated. The current Qing Dynasty laws, except for the provisions on compensation for the loss of goods due to fire, do not specify how to bear losses in cases of the destruction or damage of houses. There is no written legal provision to serve as a basis. Therefore, in cases of disputes, we must rely on local customs and the Regulations on Rental House Fire Damage in the 12th Year of the Qianlong Reign as standards. The Supreme Court has already established precedents in this regard. However, customs vary, and the Chamber of Commerce has been requested to investigate but has not yet responded.
We have reviewed the records of the Higher Court of Justice, where in a lawsuit between Feng Baolin and Ren Zhenjing over, the Chamber of Commerce confirmed in a letter that there are no other special customs. Thus, this dispute regarding customs varies by region and case, making it inappropriate to set a uniform standard, which may cause further confusion. We propose that when a case arises, the court first investigates whether there are special customs regarding the burden of losses, conducts local investigations, and if no special customs are found, applies the aforementioned principles for judgment to ensure fairness.
In addition to requesting the Chamber of Commerce to investigate when cases arise, we respectfully submit the following reasons for implementing compensation measures for house destruction due to floods for your review and approval.
This matter was drafted by the Higher Court of Justice and processed in conjunction with the Police Department. We hereby declare this.
Respectfully submitted to the Provincial Governor.
December 31, 1917,
Zhili Provincial Higher Court of Justice