Draft of the Civil Code of China with Explanations (Tort Chapter. Inheritance Chapter)

Author: Liang Huixing
Publisher:
Publish Date: 2004-12-01
Features: Tort law is essentially a remedy law, serving as a civil remedy when people's legitimate rights and interests are infringed upon. Therefore, it falls under mandatory provisions, and parties are not allowed to agree to exclude its application. However, the rights and obligations arising from torts are fundamentally the same as those arising from contracts, so they both belong to the law of claims, known as the debt of tort. The difference between the debt of tort and the debt of contract lies in that the former is a statutory debt, while the latter is an arbitrary debt. However, both types of rights share the same essence and effect, being both relative rights and claims. They are governed by the same rules, specifically the general principles of claims, in terms of transfer, modification, satisfaction, extinction, as well as divisible and indivisible claims, generic and specific claims, selective debts, separate debts, and joint debts. As a result, most legislative examples place the rules of torts in the general principles of claims section of the of the Civil Code.
Inheritance law stipulates the basic rules for the transfer of property after a natural person's death, and inheritance rights are property rights based on blood or kinship relationships. Inheritance law is an important part of the Civil Code and should naturally be included as a section of the Civil Code.
Tort law is essentially a remedy law, serving as a civil remedy when people's legitimate rights and interests are infringed upon. Therefore, it falls under mandatory provisions, and parties are not allowed to agree to exclude its application. However, the rights and obligations arising from torts are fundamentally the same as those arising from contracts, so they both belong to the law of claims, known as the debt of tort. The difference between the debt of tort and the debt of contract lies in that the former is a statutory debt, while the latter is an arbitrary debt. However, both types of rights share the same essence and effect, being both relative rights and claims. They are governed by the same rules, specifically the general principles of claims, in terms of transfer, modification, satisfaction, extinction, as well as divisible and indivisible claims, generic and specific claims, selective debts, separate debts, and joint debts. As a result, most legislative examples place the rules of torts in the general principles of claims section of the of the Civil Code.
Inheritance law stipulates the basic rules for the transfer of property after a natural person's death, and inheritance rights are property rights based on blood or kinship relationships. Inheritance law is an important part of the Civil Code and should naturally be included as a section of the Civil Code.