Draft of the Civil Code of China with Explanatory Notes · General Provisions

Author: Edited by Liang Huixing
Publisher:
Publish Date: 2004-12-01
Features: The General Provisions of the Civil Code are the common rules extracted from the two main parts of the Civil Code—persons' law and things' law—using the so-called "factoring out common terms" method. Through this legislative technique, the content of the persons' law and things' 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 striking features 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 the basis for the development of civil law, and through the application of legal interpretation methods, civil law remains aligned with social life. Property law stipulates the basic rules of existing property ownership relationships, serving as the premise for 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 rights of control over things, corresponding to the claims of obligations, which are rights of request against persons. Property rights are divided into absolute property rights and inalienable property rights: absolute property rights refer to ownership, while inalienable property rights include usufructuary rights and security rights. The General Provisions of the Civil Code are the common rules extracted from the two main parts of the Civil Code—persons' law and things' law—using the so-called "factoring out common terms" method. Through this legislative technique, the content of the persons' law and things' 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 striking features 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 the basis for the development of civil law, and through the application of legal interpretation methods, civil law remains aligned with social life. Property law stipulates the basic rules of existing property ownership relationships, serving as the premise for 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 rights of control over things, corresponding to the claims of obligations, which are rights of request against persons. Property rights are divided into absolute property rights and inalienable property rights: absolute property rights refer to ownership, while inalienable property rights include usufructuary rights and security rights.