Draft of the Chinese Civil Code Scholars' Suggestions and Legislative Reasons (General Provisions of Obligations, Contracts Chapter)

Author: Wang Liming
Publisher:
Publish Date: 2005-06-01
Features: The so-called system of the Civil Code refers to the logical arrangement of civil rules or legal provisions that regulate personal and property relationships between equal subjects, which have an inherent organic connection, when adopting a codified form. In short, it is the logical system that organically combines the various rules of civil law into the Civil Code. With the compilation of the Civil Code project already underway in our country, the primary challenge faced by legislators is how to construct the system of the Civil Code. As the highest form of codified law, the Civil Code pursues a high degree of systematic coherence and rigorous logic. It can be said that the establishment of the Civil Code system holds decisive significance for the drafting of the Civil Code. Therefore, exploring the system of the Civil Code is determined by its inherent attributes. Regarding the issue of how to construct the system of the Chinese Civil Code, the civil law academic community has engaged in extensive and fervent debates. We believe that the system of the Chinese Civil Code should be composed of the General Principles of Civil Law, the Law of Personality Rights, the Law of Family Relations, the Law of Inheritance, the Law of Property Rights, the General Principles of Obligations, the Law of Contracts, the General Provisions of Intellectual Property Law, and the Law of Torts. Below, we will discuss several contentious issues in the construction of the Civil Code system one by one.