Explanation for the Draft Proposal of the Civil Code of China. General Provisions Part

Author: Liang Huixing
Publisher:
Publish Date: 2004-12-01
Features: The General Provisions of the Civil Code are derived from the two main parts of the Civil Code—human law and object law—using the so-called "factoring out common terms" method to abstract common rules. Through this legislative technique, the content of human law and object law in the Civil Code is integrated, forming a logically rigorous and interconnected organic whole. The establishment of the General Provisions in the Civil Code is a tradition of German civil law and the German Civil Code, one of the most notable styles of the German Civil Code, which vividly reflects the "abstract and generalizing" legislative characteristics of the German Civil Code. The General Provisions of the Civil Code stipulate the basic principles and fundamental systems of civil law, not only serving as the foundation of civil law but also the foundation of the rule of law. The abstract and general rules in the General Provisions of the Civil Code provide a basis for the development of civil law. Through the application of legal interpretation methods, civil law remains aligned with social life. Property law governs the basic rules of existing property ownership relationships, serving as the premise for the occurrence of market transaction relationships and the foundation of the legal order of the market economy. Together with the law of obligations, it forms the two pillars of property law in civil law. Property rights are the right to dominate objects, corresponding to the right to claim from others under the law of obligations. Property rights are divided into full property rights and incomplete property rights: full property rights refer to ownership, while incomplete property rights include usufructuary rights and security rights.