General Provisions on Claims - Draft of the Civil Code of China with Explanatory Notes

Author: Liang Huixing
Publisher:
Publish Date: 2006-10-01
Features: The opinion advocating the abolition of the "concept of creditor's rights" in the field of civil law academia of China has a long history. During the formulation of the "General Principles of Civil Law" in the mid-1980s, a debate occurred on this issue. After the debate, the legislative body ultimately adopted the opinion of the majority of civil law scholars, establishing a dedicated Section 2 "Creditor's Rights" in Chapter 5 of the "General Principles of Civil Law" and explicitly defining the "concept of creditor's rights" in Article 84. Subsequent civil laws and regulations promulgated after the "General Principles of Civil Law," as well as public law-related laws and regulations, all adopted the "concept of creditor's rights." However, at the March 1998 meeting of the civil law drafting working group, some scholars again proposed abolishing the "concept of creditor's rights" and not establishing a "Creditor's Rights" chapter. During the expert discussion session on the draft civil code held from September 16 to 25, 2002, participants engaged in fierce debates over whether to retain the "concept of creditor's rights" and establish a "General Principles of Creditor's Rights" chapter. The scholars advocating the abolition of the "concept of creditor's rights" and the "General Principles of Creditor's Rights" chapter cited the following reasons: (1) "creditor's rights"